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Intellectual Property

Patent Strategy and Portfolio Development

Your company has a product on the market, more in development, and a single patent application. Patent strategy and portfolio development is about deciding where protection actually matters before money is spent filing in every direction.

Reviewed

01 GUIDE

Patent Strategy and Portfolio Development: what usually happens

Matching filings to the business

A useful portfolio protects what competitors would want to copy and what customers pay for, not every idea an engineer had. Some features are better kept as trade secrets, particularly processes that cannot be seen from the finished product. Others may be better protected through design patents for appearance or through trademarks for brand. Timing interacts with disclosure: the US gives inventors a limited grace period for their own public disclosures, but many other countries do not, so a product launch, a conference talk, or a pitch deck shared without confidentiality can close doors abroad. A provisional application can secure a filing date, but it must be followed by a full application within a fixed period.

Foreign filing and portfolio upkeep

There is no single international patent. The PCT system lets you file one application that preserves rights in many countries for a time, after which you choose where to enter national or regional phases, each with its own costs. That decision point is where many companies prune. In the US, issued patents require maintenance fees at intervals, and reviewing which patents still align with products before each payment keeps costs in proportion. Continuation applications can keep a family open to pursue claims aimed at competitors' later products, which is often a strategic choice rather than routine.

Keeping ownership clean

Every inventor, including founders, employees, and outside contractors, should have signed a written assignment of inventions to the company. Gaps tend to come to light at the worst time, during financing or an acquisition. Bring your current applications and patents, the agreements your inventors signed, a product roadmap, and a short list of the competitors you watch. Preparing and prosecuting applications before the USPTO is handled by registered patent practitioners. A first meeting usually ends with a prioritized list of filings, a view on foreign markets, and any ownership issues that should be cured now.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 HOW WE WORK

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04 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about patent strategy and portfolio development and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.