Intellectual Property Lawyer

Wow – tucked away in one of the big business stories of the last few weeks [Google’s purchase of Motorola Mobility for a massive $12.5 billion!] is the fact that as part of the purchase, Google will be taking over a huge number of patents – approximately 17,000 of them, with a further 7500 patents still pending. This comes on the back of the purchase by a group of 4 companies [which included Microsoft ]back in December of 880 patents and patent applications, owned by the struggling software firm Novell, for a mere $450m – the kind of small change that they probably have stuffed down the back of their sofa. Add in a brace of other patent purchases including Research in Motion [who, of course, make the ubiquitous Blackberry] who paid $4.5 billion for 6000 patents from the bankrupt Nortel telecom business. 

But what is actually going to mean? Various theories abound. Some have concluded that as a result, intellectual property rights will become increasingly valuable [and a good thing too, say our intellectual property solicitors]. An alternative theory is that it’s all down to the flawed American patent system, which forces businesses to cough up huge sums in protecting technology they have developed. Perhaps the truth actually involves a bit of both. 

What it does mean is that any business with innovative technology needs to make sure they have the right patent solicitors who can put appropriate  intellectual property rights protection in place – or they risk losing out entirely or facing lengthy and highly expensive IP litigation to try to recover what actually theirs.

Why is America the world economic superpower? Whilst there are, of course, many reasons, one argument put forward is down to the strength of its innovation. Statistics show that Americans apparently make 4 times more applications for patents per head than us Europeans. The theory continues that US innovation is spurred on by their approach to filing patents – by making sure that inventors are rewarded by safeguarding the intellectual property rights springing out of their hard work.

 But there are also dissenting voices in the industry, with some patent lawyers  claiming that the Americans have simply been filing far too many patents and  that as a result businesses and inventors may in fact feel discouraged from creating innovation by the simple fact that there are far too many patents and inventors  risk expensive patent infringement litigation from Big Business. This line of argument continues that the US simply grants patents far too easily. There is a rather a wonderful name for companies which purchase huge numbers of obscure patents and then attack any potential infringer with expensive infringement lawsuits- the colourfully named “patent trolls”. Furthermore US Patent and Trademark Office statistics show that the delay in granting US patents has increased in the last 10 years from around 12 months to over 30 – at the same time that the backlog of unconsiderde applications has rocketed from around 350,000 to well over 700,000.

As a result the U.S. Senate passed a bill on March 8 which amounts to the hugest change to American patent law for 50 years -amongst other things it will, in general, line the US up with international patent practice in ensuring that a patent is granted to whoever files first. President Obama has praised this bill which has yet to pass in the House of Representatives. Will the bill become law and will it improve American patent practice? UK Patent Solicitors are waiting with baited breath.