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les Nouvelles - March 2010


Tell Me Again–Why Should I Spend Money On Filing Patents?

Mike Lloyd

Griffith Hack Patent Attorneys, Intellectual Property Management Consultant Melbourne, Victoria, Australia

Academic studies of the median value of registered patents have shown very broad variations, ranging from U.S.$5,000 to A$800,000 (U.S.$720,0001), depending on how these values are determined. A possible reason for this broad range in median values is that the value of patents to their owners of patents can comprise a number of intangible benefits that may affect the perceived value of these patents. These benefits include the ability to broadcast a presence in the market place, to confuse a commercial market place with excessively broad or ‘ambit’ claims, to enable arrangements between competitors, tax optimization and insolvency protection, and even the synergistic effects of a portfolio of rights. Some of these benefits may last longer than the life of the underlying IP right. IP specialists need to consider the full range of possible benefits and their context when advising clients on patent protection.

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