What Can Independent Inventors Learn from The Patent Trial Of The Century?
The Apple vs. Samsung patent battle is shaping up to be one of the most epic patent battles of all time. But what can an independent inventor or small company learn from watching these behemoths slug it out? The most important lesson is one that is fundamental to the patent system as a whole. A patent is, at the end of the day, a litigation document. The power that a patent owner has is the power to sue in federal court. The extent to which a patent is a useful litigation tool will largely determine its value. A patent that is susceptible to lots of challenges is not a good litigation document. A patent that is poorly written may confuse a jury, and will not be a good litigation document. The take home message is to be aware that your patent’s destiny may be a courtroom and to draft it with that in mind. If you do, the patent will be easier to license and a more useful tool should you ever have to litigate.