Types of Patents
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The earliest patents in a field describe and defend the basic inventions that form a foundation upon which a technology is built. Fundamental improvements to these inventions are often of the same character. These core patents are the crown jewels of a company's portfolio. The reasons for pursuing them are straightforward. Practically every CEO and engineer recognizes both the need and the subject matter that should be so protected. However, there are at least two additional motives for pursuing patents. These are related less to the invention process itself than to business strategy.
Fence or guarding patents can be used to build protection around an organization's core patents. They can also be effective at extending protection when core patents run out. Blocking patents, in contrast, prevent a competitor from using alternate means to design around your technology. They prevent competitors from using your core or guarding patents, and can also be used to surround their core patents.
Obtaining an effective portfolio of guarding and blocking patents can be just as difficult as obtaining core patents, and in some respects more so. First, knowledge of competitors' intellectual property and strategy is required, and many companies don't pursue the necessary competitive intelligence in a diligent, organized fashion. Without that knowledge it's impossible to understand which guarding and blocking patents would be advantageous.
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The lines of battle. Strategic use of intellectual
property for offense and defense.
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Second, many engineers and CEO's have to force themselves to think of this material as legitimate invention. In fact, while it may not be invention at the highest level, it is business at the highest level. A strong portfolio of core, guarding and blocking patents firmly establishes the legal control of a technology. It also provides the foundation for the greater part of the net worth of a technology-based business and credibility to outside investors [3].
Further incentive may derive from the fact that many of the early core patents in the field of additive fabrication will be expiring over the next few years. Establishing a comprehensive patent strategy can minimize the ensuing effects. Engineers and CEO's should not only consider patenting core inventions, but also how to defend those core inventions, extend their franchise and maintain freedom of action.
The drug industry provides a good example of how such strategies are used. Important core patents for compounds run out all the time, but pharmaceutical firms frequently manage to keep competitors at bay. Process patents are used to block competitors from easy manufacturing paths. Issuing the compounds in new forms, combinations, and for new uses provide additional guard patents. Indeed, one of the uses mentioned by Aprecia Pharmaceuticals (formerly Therics) for its additive pill-making technology based on three dimensional printing has been to extend the lives of drugs whose patents are running out.
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