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In 2006, research In Motion, maker of the once ubiquitous BlackBerry devices, had to pay $612.5 million to the patent holding company, NTP. Also known as “patent trolls”, these are people or companies who register patents for the sole purpose of being patent holders, even if they do not plan to manufacture any products or deliver any services. Which include patented technology. Their modus operandi revolves around filing for patents so that they can enforce patent rights and receive some form of compensation, and this generates over $29 billion in direct costs for companies.
If you have invented something in an innovative and complex field like AI, in which obtaining a technology patent is extremely challenging, this is one of the potential problems you may face. It’s a process I’ve navigated, and it’s fraught with challenges and uncertainties, especially because code can’t be patented, and mathematical algorithms are not patentable in many jurisdictions.
It is possible to patent the general principles as well as the sequence of steps involved in a related innovation.
In this regard, there are two possible risky scenarios:
- You end up with an unclear patent that doesn’t provide full protection. This leaves you in an unsafe situation.
- Inevitably, you will find many other patents that have similarities to yours, even if you have actually made a unique discovery. This may cause your patent to be rejected.
To maximize your chances of completing this difficult process properly, here are four tips that will help protect your work so you can reap the benefits.
Engaging in negotiations with a patent examiner is like appearing before a judge in a courtroom: honesty is the only policy.
Double the due diligence every step of the way
Before you file a provisional patent, research carefully to see if there is a similar patent already registered. Then repeat the process before submitting your main patent application.
As hard as it sounds, it’s important that you do it. New, similar patents will likely appear during that gap year between your provisional patent and your main patent, especially in AI, which is an area that many entrepreneurs are trying to get into and monetize. Remember that once you file your master patent, the text is fixed – you can’t change it.
Furthermore, if your patent is rejected and you get a chance to connect with the concerned examiner and incorporate their suggestions, you will need to conduct another patent search. Even if you’ve done this countless times before filing, doing this research could make the difference between having to repeat the process again and being given the green light.
