Overpowering Perception - Choosing the Red Pill

All that glitters is not gold. All that’s dull is not cold. And recently, all that glitters is not sold. Well, at least, in the dynamic unpredictable world of patents.

How many times has it occurred to you that you should have retained a share in the stock market when you were bullied down by a force of public perception to eventually kill a streak of hope within you? When was the last time you realized that a number of gems go uncut to remain in the rubble of filth? I’m sure there are plenty of moments when you are subjected to a pressure of perception – one that is not your own.

With the advent and rise of Non Practicing Entities (NPEs) and a recent shift in the dynamics of their revenue-hungry-underbelly to execute the last phase of their business model, the need for assessing the worth of a patent portfolio has been on the rise. Patent Acquisition is a risky proposition considering the complexities involved in generating revenue out of it. One may be driven away by the technologies which have a huge internet presence – or should I say a better perception in the market. However, owing to the critical aspect of how well the claims are drafted, such technologies may fail to prove any infringements leading to a complete waste of revenue on acquiring such assets.

Much has been written and talked about on Patent Infringement and Patent Scoring. A number of platforms with lucrative algorithms have been suggested to judge the quality of a patent - one that may lead you to assess the monetary value of a patent. Patent Valuation indeed comes up later in the process but the process of Patent Scoring may sometimes build a perception of quality for the patent portfolio. However, the most that patent scoring may help in patent acquisition is to choose the best heap of hay from the farm. There’s still a possibility of rotten twigs in the chosen heap.

Amidst the all hazy cloud of perceptions, the only breath of fresh air is pumped in by the amalgamation of Patent Scoring with Evidence of Use (EoU) Analysis. A unique blend of identifying revenue-churning assets using a validated statistical algorithm based Patent Scoring model and an extensive research for available documentation based EoU analysis to prove infringement for the residual assets is the need of the hour. While the validation of the statistical model will ensure low risk in identifying high potential assets, the extensive research may take care of the junk thrown out by the model. Among a gamut of techniques, the validation may come from scoring patents which have been involved and have generated revenue in litigation cases.

The opportunity of patent acquisition is galore. The eye for gaining the most out of it is inherent in a few. For the rest, the motivation to struggle and emerge from the purview of perception to view at it from a unique viewpoint may be generated from a carefully drafted strategy. An amalgamated combination of Patent Scoring and Infringement Analysis is the Red Pill to get you out of the Matrix of perception.