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ARTICLE · 28 APRIL 2015

How Do You Know When You Have Something To Protect?

While all companies invest resources in developing and improving their products and services, few actively consider using the patent system to leverage their investment.

CanadaIntellectual Property

While all companies invest resources in developing and improving their products and services, few actively consider using the patent system to leverage their investment. Innovation can result from improving the efficiency of existing processes or just adapting products to market needs. For example, a supplier may invest resources to modify a product to meet a need of a customer. From a marketing perspective, the key focus is maintaining or enhancing the company's market position, and once one project is complete, the focus switches to the next.

However, pausing to consider the strategic use of the patent system could be useful in protecting the company's market position on a longer term basis. If a company patents an innovation, then a competitor cannot use that innovation. Obtaining a patent can therefore prevent a competitor from introducing a "me too" product, or from using a process enhancement to reduce their production costs. Accordingly, patenting an

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