Join experienced patent attorney, Tony Proctor, and specialist IP litigator, Nick McDonald for this engaging session where they examine the lifespan of a patent, and how from the drafting stage, through to prosecution, licensing and, ultimately, if a dispute arises, careful thought needs to be given to the coordination of prosecution and litigation strategies.
In particular, Tony and Nick discuss how, at the earliest stage, patents need to be drafted with an eye to the difficult balance that has to be struck between developing a commercially useful monopoly, with sufficient breadth and variety to cover developments in their technology, and ensuring that the portfolio is enforceable and licensable.
They highlight some of the ways in which the scope of claims and their supporting data can be moulded to create the maximum chance of avoiding disputes, but also set up the best possible position if a dispute arises. In this session, they also explore ways in which portfolios can be used to create commercially useful licensing positions, and leverage cross-licensing opportunities.
Finally, they look at the competing challenges faced by patentees when litigating patents, and often simultaneously trying to further prosecute and defend them in post-grant proceedings, as well as shedding light on the difference in style, approach and legal standards between the European Patent Office and the UK High Court.