What is Blue Sky Patenting®?
Seeing a Patent’s Potential
The difference in focus will be better understood with a contrast. Technical people tend to expect patents to protect inventions. Blue Sky Patenting® strategy focuses on that, but shifts the focus from mere embodiments, to the underlying ideas.
Business people on the other hand tend to be much more interested in markets, i.e., to what extent patents provide barriers to entry against competitors.
The Blue Sky Patenting® approach is a focus on using patents to dominate a marketplace. This requires more than just the white space of an underlying idea. One needs to look over the horizon to patent what the invention could become, and put roadblocks in the paths of competitors.
How does Fish IP Law accomplish all that?
Facilitating Innovation within an Organization
The focus is facilitating innovation within an organization. We help identify barriers to innovation that exist within the organization. Then we figure out ways to remove those barriers. We help devise suitable metrics to measure progress. This involves identifying offensive and defensive chokepoints, and filing applications to address those choke points with respect to current and contemplated technologies.
We address strategic considerations in using different types of patent applications to build a dominating portfolio.
We discuss patent costs and various strategies to deal with out-of-control patent processes.
Fish IP Law will look at patent valuation models, marginal profits, cost/replacement models, royalty rates, and strategies for resolution during negotiations.
We provide counsel on assignments, licenses, employment contracts, and NDAs.
We address infringement and procedures to proactively protect oneself.
Every client that comes to Fish IP Law will be evaluated holistically for what type of patenting best suits the situation at hand. Where Blue Sky Patenting® would be applicable, Fish IP Law automatically will look to focus efforts on writing applications that will serve the long-term interest of the client. Please contact us and set up a consultation to see if the Blue Sky Patenting® approach would benefit you.