‘Fencing off’: Protecting market products under US patent law

23-09-2022

Roberto Capriotti, Robert Sovesky and Garrett Tobin

‘Fencing off’: Protecting market products under US patent law

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Patent strategies will only succeed if they defend against every counterparty that could pose a threat, say Roberto Capriotti, Robert Sovesky, and Garrett Tobin of K&L Gates.

A company manufacturing and selling a product typically deals with various counterparties including suppliers, contract manufacturers, integrators, distributors, customers, and reprocessing manufacturers (refurbishers).

Ensuring that the company can maintain control over its product throughout each stage of manufacturing and in the marketplace can be difficult. In the US, one way a company can maintain control over its product is through a carefully thought-out patent strategy designed to create advantageous positions against each counterparty.

Fence-off


US patent law, K&L Gates, manufacturers, tangible object, infringement, invention, coffee

WIPR