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ARTICLE · 30 DECEMBER 2015

Protecting Your Innovations: Patent Pitfalls To Profits

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Strategically minded companies understand that their patents must be carefully developed and placed at critical access points to their technology in order to impact competitors.

United StatesIntellectual Property

Savvy investors and technologists understand the power of patents. They appreciate the extraordinary value that blocking a competitor from the market can yield, and they also understand the link between company value and sound patent protection.

Fundamentally, patents provide a right to exclude. Their exclusionary boundaries are defined by their claims, which must be precisely worded to capture the essential features of an invention while avoiding unnecessary verbiage and other perils. Strategically minded companies understand that their patents must be carefully developed and placed at critical access points to their technology in order to impact competitors. Patents directed to technological features that a competitor doesn't need in order to compete may provide little or no value to the company. On the other hand, when patents are aligned with a company's business strategy, the company can realize super-competitive power. By excluding others from practicing its

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