How to analyze and assess risk using landscapes
Litigation can be very daunting but there are various ways in which firms can lessen the dangers by assessing and analyzing the risk of litigation within specific sectors and by watching out for patent trolls. The best way to do this would firstly be to be aware of litigation in the space and to recognise all competitors.
A lot of organizations know who their main competitors are, generally because these conglomerates have been around for a while and they have competed with them for several years. It’s often the smaller organizations that you need to look out for as they produce disruptive technology and they can often fly under the radar. It is also a good idea to understand previous litigation in your space, as well as litigation that competitors have been involved in. It is also necessary to consider how your firm’s technology has been developed.
These factors are important because if there has been a lot of litigation in the space where you want to patent, you will need to understand why that litigation has occurred and what you can do to avoid it. You may also want to see who else might have developed your technology. If so, rather than being involved in costly litigation, other options can be explored. It may be a potential licensing or collaboration opportunity, for example.
Another way to avoid litigation is to avoid patent trolls. Firms can do this by grouping together information about any patent trolls that they have come up against, so that when you are doing a search or evaluating an IP landscape, you will know which patents are being filed by the patent trolls. This will then make you aware at the beginning of the process, rather than after you have filed a patent, thus providing another way in which you can reduce the risk of litigation.