Jump to the main content block
 

Patented technology and trade secrets

The patent filing, invalidation, and patent infringement litigation

Patent reporting and invalidation are defense measures for non-patent owners in the face of patent infringement lawsuits. We have assisted domestic computer component manufacturers in fighting against international giants. We have experience in patent infringement litigation, reporting, and invalidation in the United States. We have also assisted domestic computer components manufacturers. The LED factory was exempted from the harassment of a non-patent entity(NPE) and successfully invalidated its patent.

Trade Secret Management Consultant

Trade secrets are very important intellectual property in the industry. For example, Coca-Cola is a trade secret that protects the formula of Coke, without filing a patent application for the formula of Coke. We have extensive experience in assisting major companies in managing trade secret policies, procedures, and personnel.

請參考:〈中、美立法例反思台灣營業秘密法之修法方向〉,《工商時報》,2021年5月13日。

 

Technology, Trade Secrets and Patent Due Diligence


Obtaining patent authorization, acquiring patents, and even corporate mergers and acquisitions including the transfer of patent rights all require due diligence (Due Diligence) on the target patent, commonly referred to as DD. The items to be investigated in the due diligence of patent rights mainly include the investigation of patent rights and the investigation of the stability of rights.

An inventory of patent rights consists of searches of external databases and internal records lists. External databases are searched through the official patent databases of various countries or paid patent search platforms to confirm the patent list, rights status, patent term, and other rights status. In addition to obtaining the patent list of internal records for cross-comparison, it is also necessary to further confirm whether there may be contract disputes, patent registration, past or ongoing litigations, etc., which may lead to unstable rights. Do have all the information.

After the basic check, the application history of each patent right needs to be reviewed and analyzed, and the records of contract disputes, patent rights registration, or litigation need to be cross-referenced to confirm whether there is any state that affects the implementation of the rights, such as involving application defects that may lead to patents Unenforceability, or there are reasons for invalidating the patent right, etc., to screen acquisition targets or as a reference for licensing/transaction amount negotiation.

Patent due diligence involves the collection and sorting of information that requires professional input and often needs to be completed within a short processing time frame. We have a complete team with many years of practical experience, are well versed in patent data investigation, analysis, and risk assessment, and can quickly and correctly perform due diligence.

Patent Infringement Risk Investigation – FTO (Freedom to Operate)

FTO is the abbreviation of Freedom to Operate. The main purpose of the FTO is usually to conduct a thorough investigation of existing patents and assess whether the product/service may infringe the patent right before the product or service is launched. The start-up time point of FTO can even be moved forward to the project development stage, and the technical solutions subject to patent barriers are excluded from the multiple candidate's technical solutions, or the corresponding solutions can be launched early. Feasible solutions include patent invalidation, licensing negotiations, and patent acquisition.

The process of FTO starts from the technical solution of the product/service, determines the retrieval strategy by the technical solution, obtains patent information through patent retrieval, then conducts a screening to identify high-risk patients, and then conducts patent infringement analysis for individual high-risk solutions.

The implementation process of FTO involves full communication between technology developers and patent professionals to accurately and correctly complete search and screening, and finally produce a risk report. We have many years of practical experience, are well versed in communication, and can accurately perform retrieval, screening, and comparative analysis.