Patents can make or break a company

757_ Patents can make or break a company
We all know what a patent is, right? Generally, we do. "A patent covers a new invention that has to be new and useful, novel but not obvious." Well, OK... what does that really mean? Larry interviewed Mark Yaskanin, Partner, Holme Roberts & Owen, LLP who heads up the Patent Group and Scott Bialecki, Partner, Holme Roberts & Owen LLP who heads up the IP Litigation Group. "A patent is actually a teaching of the invention, it explains the invention and it is a limited monopoly for a period of 20 years from the filing date of the application and it gives the patentee the right to exclude others from practicing an invention that's described in a patent. People need to understand that just because they get a patent doesn't necessarily mean they can actually practice the technology covered by the patent." What we see in the energy area, are all these ideas that come up, but at different points in the cycle. That could be an idea, another point in the cycle is they've filed a provisional application - another point is that they've filed a non-provisional application or that they've actually got a granted patent and they have, eventually, some sales of the product. And of course wherever you are in that cycle, there are different values associated with that. "One area that is getting a lot of attention is the energy field. We've seen clients come to us with expectations to purchase a target company and they would like to know what this target company has in terms of Intellectual Property, is it good IP and what really is the scope of what they're buying. This also applies to companies seeking to sell. Regardless of what side of the proposition you're on it definitely helps to have a patent attorney take a look at the IP and help figure out what is it you're buying or what is it you can do to help position things better to sell." Listen for more details...
Related Links: Holme Roberts & Owen, LLP Home || It's the Law Channel || It's the Law Archives || US Patent and Trademark Office (USPTO) || Keywords: Mark Yaskanin, Scott Bialecki, Holme Roberts & Owen, Patents, IP, Litigation, Entrepreneurs > Channel: Law 13656428 bytes 12/14/09 LISTEN