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Rapid IP Strategy Development

By H. Jackson Knight

We expect “it” now, whatever “it” is. We expect technology to help us make “it” immediately available. We think that way about so many things, it is not surprising that many expect IP strategy to be quickly developed. We are accustomed to a rapid pace. We jump through hoops. We make it happen. We hurry to complete and electronically file patent applications; we hurry to complete and e-mail agreements for signing. Everything seems to be a RUSH.

The time it takes to develop a good IP strategy depends on the complexity of the situation or issue. For example, whenever a patent application is filed, there is a strategy for drafting that application. However, this strategy is normally done quickly because the issues are generally straightforward and limited in number. An IP strategy for a business, a technology area, or a line of newly developed products requires more time because there are more issues and they interrelate in a complicated manner. A strategy for handling an adverse or blocking patent could be even more complicated and require even more time, and could involve development of an additional licensing strategy.

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