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IP Strategy

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IP Strategy

Deciding on an IP strategy is one of the best things you can do for your business. An IP strategy is an essential step of turning your ideas into business.

Controlling your IP as the foundation for controlling your business

There are many ways to be in control of your business. A good place to start is to be in control of your company’s IP. Having that control strengthens your market value and makes your business more attractive to investors.

How competitive is your market?

There are different kinds of rights and they may not all be relevant to you. We can help you navigate your way through the jungle that is IP rights. One of the things to be aware of is the consequences of someone else already having rights for something similar to what you would like to protect. For example, if you are looking to patent an invention, we can help you prepare a freedom-to-operate analysis, so you can see which other patent rights are already held and thus your scope to operate in the market.

How unique is your invention?

We offer to perform a novelty search before starting the process of applying for a right. That will uncover whether inventions similar to yours already exist. The goal is to set you up with a strategy for what you are likely to succeed in applying for protection of and to determine if there is anything you might be able to do to maximise your chances of obtaining the rights you are seeking.

Be prepared for infringements

Another thing you would do well to consider early on in the process is how you would respond if your rights are infringed. We will include such considerations in your IP strategy.

Let us get you off to a good start

In short, an IP strategy may or may not be comprehensive and all encompassing, but it is important to have one early on in the process, so you avoid wasting money developing something that is not eligible for protection or which pursues markets that will prove too competitive.

Rest assured that we will always base our services on the needs of your business and that we will find the solution that is right for you. You'll learn more on freedom-to-operate, due diligence, novelty search and commercialisation below here.

Possible aspects of an IP strategy

Freedom-to-operate

A freedom-to-operate analysis provides an overview of patent rights in a particular area geographically as well as technically.

The analysis initially includes a search for existing patent rights. This is followed by a thorough analysis of patent claims and descriptions. Searching for patents and patent applications is very time consuming and requires considerable experience to distinguish the relevant patents from the less relevant ones.

However, a good freedom-to-operate analysis can prove extremely useful prior to the launch of a new product, as this can avoid or at least significantly reduce the risk of infringing the patent rights of others.

Due diligence for acquisitions

A due diligence investigation includes a thorough analysis of the value of a business’ intellectual property rights, including patents and trademarks. The investigation is performed ahead of an acquisition of, for example, a patent portfolio and often at the request of a prospective buyer that wants to obtain an overview of the vendor’s intellectual property rights.

We create this overview by collecting a set of data to verify or refute the information provided by the seller. The scope of this data collection varies, depending on the specific portfolio.

As part of our services, we also offer to perform a vendor due diligence investigation. If you contemplate selling your business, the investigation will provide you with a complete overview of the portfolio, providing you with peace of mind during the process.

Novelty search

Before you file a patent application, we recommend that a novelty search is performed to identify whether there are any pre-existing inventions similar to yours. The search is intended to prevent us from filing of a patent application that will be rejected due to lack of inventive step.

Based on various database searches, Danish as well as international, our investigation creates an overview of any pre-existing inventions in this particular field.

After a thorough assessment of the inventions, we will prepare a report with our assessment and forward you a copy of all patent documents found.

If the novelty search reveals the existence of patents that directly anticipate your invention, there is no point spending time and money on a patent application.

However, we do not only search for inventions that directly anticipate your invention – we also search for inventions that are merely similar to yours. Such inventions are important to take into account when drafting the patent application.

By already taking into account inventions that are similar to your invention when we draft the patent application, we may entirely avoid having to adjust the application later on in the application process.

Commercialisation - From idea to business

We advise companies and individuals on how to commercialise research results and development work, that is, the process leading up to an invention going into production. Inventions and innovation may be developed in an existing company, for instance through the sale of patents and licences, option agreements, joint ventures or other forms of collaboration. Another way is to establish an entirely new company.

We often act as a link between inventor and production company or between different companies. Supported by our network and knowledge on our clients’ fields of interest and focal areas, we are often able to propose profitable alliances that are in the interest of all parties. Our network also comprises educational establishments and institutions of higher education.

We strive to ensure that as many exciting inventions and as much innovation as possible are put into use.

Allow us to help you

Partner, European Trademark & Design Attorney

Charlotte Rask Boddum

T +45 8930 9793 · M +45 2895 8550 · crb@patrade-legal.dk

Partner, Attorney-at-law (H)

Eva Nødskov Aaen

T +45 8930 9725 · M +45 2859 1950 · eas@patrade-legal.dk

Partner, European Patent Attorney

Lasse Rosenfeld Lauridsen

T +45 8930 9723 · M +45 2148 3190 · lrl@patrade.dk

Partner, European Patent Attorney

Nanna Meyland Nicolaisen

T +45 8730 8963 · M +45 2934 5064 · nan@patrade.dk

Partner, Attorney-at-law (L)

Nick Lissner

T +45 8930 9791 · M +45 2870 5410 · nli@patrade-legal.dk

Partner, European Patent Attorney

Nina Skivesen

T +45 8930 9766 · M +45 2872 2147 · nsk@patrade.dk

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