iPrighTSaTTradeShowS — ParTii : PaTenTS
Intellectual property law Section
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days . As soon as a provisional patent application is filed , the invention is awarded a “ patent pending ” status , and your client protects its right to seek full patent protection for the product or service described in the provisional application . Beyond protecting a company ’ s ability to pursue patent protection for its products , the “ patent pending ” status can be a potent deterrent against competitors looking for an easy knock-off opportunity . Additionally , research shows that consumer perceive patented products as superior , and therefore , the “ patent pending ” status can add marketing value at the trade show .
2 . Perform a “ Freedom-To-Operate ” Search
A trade show exhibition may put your client on a patent-infringement radar of a competitor or a nonpracticing patent entity ( a patent troll ). It is a wellknown strategy for patent owners to attend trade shows with a goal of identifying potential infringers . Trade shows are generally industry specific , making them a perfect setting for patent enforcers to survey hundreds or even thousands of potentially infringing products at once . Thus , if your client intends to showcase its products or services at a tradeshow , it is recommended to perform a clearance search — which in the patent world is known as a “ freedom-to-operate ” analysis .
The results of this search will inform your client about potential patent infringement risks and may help make strategic decisions about foregoing displaying or discussing certain products or features , thereby reducing exposure to possible patent infringement claims .
3 . Identify Potential Infringers
On the flip side , if your client has built a robust patent portfolio , then a trade shows can present a great opportunity for identifying infringing products or services . It is not uncommon for patent holders to invite their patent attorneys to trade shows to examine competitors ’ booths with the purpose of detecting patent infringement . Unsuspecting exhibitors often have their guard down and are eager to describe the innerworkings of their products and services with anyone willing to listen . This information could be a great starting point for building a patent infringement case .
Takeaway :
Trade shows present a great opportunity to showcase innovation , connect with current and prospective clients , and to gather information about the competitors . A well-established IP strategy can help maximize opportunity and minimize risk . n
Author : Andriy Lytvyn – Hill Ward Henderson
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