Patent Litigation Strategies

Abstract: In today’s global market place companies are struggling to adapt to the emerging knowledge economy. Enforcement of patent rights is often complicated, expensive and time consuming; something which could leave the full potential of the patent protection unexploited. The use of patents needs to be efficient in order for the company to extract maximum value from its rights. The hypothesis is that large manufacturing companies need pro-active enforcement strategies in order to utilize their patents in order to extract the most value. By outlining the judicial framework surrounding patent infringement in different jurisdictions, a more clear understanding of risks and benefits can be discovered. This understanding will ensure that the companies locate their resources to the most efficient areas when enforcing and utilizing patents. By examining the approach companies have towards the use of their patents, some key areas when dealing with patent litigation strategy were assessed and a framework assisting a company to utilize its IP more efficiently was constructed.