CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT?

Fordham IP ConferenceApril 2015

George E. Badenoch

2

How Patent System Affects Different Industries

PHARMA INFORMATION TECHNOLOGY

3

How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

INFORMATION TECHNOLOGY

Many patents cover accused product

4

How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

• Scope of patent claims relatively clear

INFORMATION TECHNOLOGY

Many patents cover accused product

Scope of patent claims uncertain

5

How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

• Scope of patent claims relatively clear

• Patent usually issues before marketing of accused product

INFORMATION TECHNOLOGY

Many patents cover accused product

Scope of patent claims uncertain

Patents often issue well after marketing of accused product

6

How Patent System Affects Different Industries

PHARMA

• Single (or few) patents cover accused product

• Scope of patent claims relatively clear

• Patent usually issues before marketing of accused product

• Patent known before suit

INFORMATION TECHNOLOGY

Many patents cover accused product

Scope of patent claims uncertain

Patents often issue well after marketing of accused product

Patent suit comes as surprise