Valuating Large Sized Patent Portfolio
The portfolio analysis is the process of identifying the strength of the patents, which can possibly be infringed by the existing products in the market. Evaluation of the patents for preparing a portfolio requires an intensive investment of time and skills. The valuation of a big patent portfolio for an infringement process is an intimidating task.
To meet the client’s objective, we divide the patent portfolio evaluation process in three steps. The three-step approach allows us to work more efficiently by allocating more time to the potential patents.
Step 1: Quick categorization of the patents
This step includes a quick and quality reviewing of every patent from the portfolio, which leads to the ranking of the patents into three categories i.e. high, medium, and low on the basis of the adequacy of specifications and claims, number, language, and limitations of the claim, broadness of patent family, ease of marketing, current use in the market and the current market size. The patents falling under the high categorization are the ones most likely to be infringed. Identification of taxonomy of the reviewed patents and classifying the patents on the basis of the field of invention or the technology domain, which makes searching easy for the products in the specific technology fields by creating buckets. The taxonomy also provides the idea of the no. of patents in a technology domain and the market related to that technology in the particular region.
Step 2: Detailed analysis of potential patents
This step includes the detailed analysis of the categorized patents from technical, legal, and market perspective from the client’s portfolio. We start with the evaluation of the patents falling under the high category, which are related to a single technology domain. Once we start reviewing the categorized patents in detail we simultaneously search for the products having a similar technology to that of the patent or that can be potentially infringed. In addition, we prepare an easy-to-read one-page summary for the patents to the corresponding products, which can be infringed. It highlights the feature that can be infringed and provides tactical hints on the management of the ongoing portfolio.
Step 3: Evidence of Use (EoU) or Preparation of detailed claim charts
Once the analysis is completed, our team starts preparing the detailed claim charts for the identified products that are being infringed. The detailed claim chart includes the product launch date, proof of the product selling or used, revenue earned from the product, and additional information for satisfying the goal of the client.
Recently, one of our clients sent us a patent portfolio consisting of thousands of patents and asked us to search for the products from company X, which can be infringed using patent technologies in particular countries. So, we gave a quick review to the patents and picked the patents, which can possibly infringe the products from company X. Once we identified the products corresponding to the patents we prepared one-page documents for the products being infringed, which provides hint on the management of the ongoing portfolio and after the completion of EoU, we provided the client with the detailed claim charts comprising of the infringing products charted against the specified patent technologies.