This list is based on my experience of working with biotech
clients who were either research companies or in tech transfer. It includes
incidental advantages (such as showcasing the invention) which can’t really be
thought of as ‘objectives’ when filing, but which are important to bear in
mind.
1.
Providing A Monopoly That Can Be Commercially
Exploited
A patent provides a space in the market
which can be exploited now or in the future.
2.
Attracting Investors
Patent applications are very important in
attracting money for commercialising academic research.
3.
For Defensive Purposes
Patents and application are bargaining
chips in negotiations, can be used in cross-licensing and by the threat of
countersuing they can deter infringement actions.
4.
For Providing Additional Layers Of Protection
It is advantageous to have
several patent cases covering your products, deterring competitors from
challenging them or infringing.
5.
To Increase The Value Of The Portfolio/Company
Each patent case will increase
the overall value of the portfolio and in certain situations that can mean a
substantial increase in the value of the company.
6.
For External Image
Biotech companies are expected to
have patents and applications. These can
be seen as evidence of a successful research program.
7.
For Internal Motivation
The filing of patent applications
represents a tangible goal that can act as encouragement for departments and
individual scientists.
8.
To Showcase The Invention
In a tech transfer situation the patent
application itself can act as a document that showcases the invention to
interested collaborators or commercial part.
9.
To Fill A Gap In A Previous Case
Sometimes patent applications
need to be filed to fill gaps in areas not covered by previous cases. That can happen as the technology develops or
if it realised that broad claims are unlikely to be granted on previous cases.
10.
To Open Up New Revenue Streams
Patent applications can be filed
by a company on technology which it cannot exploit itself, but which can be
licensed out to others.
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