MAZE IP LAW PC “There’s A Bear In The Woods” (And Other Games Of Skill) © Gary R. Maze. 1

T HE P ATENT G AME What This Presentation Will Cover: Apprising Inventors And Clients Of The Realities And Constraints Of Intellectual Property Systems Finding A Nexus Between Intellectual Property Protection And The Applicant's Interests And Business Model Developing An IP Protection Plan That Meets All Of The Client's Goals But First … 2 © Gary R. Maze.

T HE P ATENT G AME QUESTION: What Is The Value Of A Client’s Intellectual Property? 3 © Gary R. Maze.

T HE P ATENT G AME F E A R 4 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS You Are Dropped Into The Woods. Somewhere In The Woods Is A Bear. 5 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS Your Job: Survive The Night In The Woods And … Don’t Get Eaten By The Bear. 6 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS Your Tools (And Choices): Use Just Your Wits Build A Lean-to Build A Tent Build A Fortress Each Of These Is Harder Than The Preceding One, And … Costs More Than The Preceding Choice 7 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS If You Survive, There May Be A Pot Of Gold Waiting For You If You Lose … Well, That’s Life Unfortunately, It’s Your Life 8 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS A Few Words About Business Strategies For Patents (source: AIPLA) An Initial Patent Application Can Easily Cost The Inventor Over $ 10,000 Responding To An Office Action Can Easily Cost The Inventor Over $ 4,000 Maintenance Fees Come Due Three Times After A US Patent Issues (3.5, 7.5, and 11.5 Years After Issuance) Bottom Line: There Is A Bottom Line Crafting, Adopting, And Pursuing A Correct Patent Strategy Can Be Key To Being Successful With Respect To The Claimed Invention. So: Is A Patent Right The Right Thing To Obtain? And: What Kind Of Patent: Broad? Narrow? Targeted? 9 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS The Following Questions, At A Minimum, Can Be A Starting Point To See If Your Client (Individual or Company) Could Benefit From A Patent: Does Your Client Have The Money? Does Your Client Have A Significant Revenue Stream Which Depends On One Or More “Key” Ideas? Is Your Client Developing A New Product Which Depends On One Or More “Key” Ideas Which Will Generate Significant Revenue? Would Your Client Lose A Significant Amount Of Revenue If Another Company “Borrows” Their Key Technology? 10 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS The Following Questions, At A Minimum, Can Be A Starting Point To See If Your Client (Individual or Company) Could Benefit From A Patent: Is Your Client’s Business In A Sector That Is Prone To Patent Litigation? Has Your Client Received A “Notice” Letter From A Patent Holder? Is Your Client Looking To Increase The Book Value Of Their Company? Has Your Client Developed Technology Which Helps Their Company Do Business? 11 © Gary R. Maze.

S URVIVING A B EAR IN THE W OODS If The Answer Was “NO,” Your Client Probably Needs To Think More Than Twice About Obtaining A Patent. If The Answer Was “YES” To Any Of These, A Patent May Be Right For Your Client, But … Adopting The Right Patent Plan Is Essential. 12 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS If Your Client Needs To Adopt A Patent Plan, Here Are Some Further Suggested Questions: First, What Is The Right Tactic For Your Client? Defend Against Others Generate Revenue Help Create A New Market Second, What Are The Core Areas To Be Protected? Focusing Solely On A Single, Bulls-eye Core Area Can Leave You Exposed To “Encirclement” By Patent Bears 13 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS If Your Client Needs To Adopt A Patent Plan, Here Are Some Suggested Questions: Third, How Will Your Client Make Money From The Patent Plan They Adopt: Protecting Their Market? Licensing? Avoiding Litigation Costs? Litigating For Revenue? 14 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS But Remember: There’s A Bear Is Your Client Going To Play The Game Voluntarily? Is Your Client Going To Be Forced Into The Game By Someone Else, Like, Maybe, A Patent Bear? 15 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS Choosing The Best Strategy (Or Combination Of Strategies) Requires Planning And Consideration Of Numerous Factors Adopting A Correct Patent Strategy Depends On The Business Perspective Of A Patent’s Value That An Inventor Or Company Adopts. Remember: There’s A Bear (Maybe A Dreaded Patent Bear) 16 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS It’s As Hungry As You Are It Knows The Woods It May Have A Patent Or Two What Will Your Client Do? 17 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS First Strategy: Do Nothing But Use Your Wits … And Maybe Get Help From Woods Dwellers (Like Copyrights, Trademarks) This Costs Nothing, But Leaves You Exposed To The Weather And The Bear (Including Patent Bears) How Does Your Client Do It? Just Put The Product Out There And Hope For The Best 18 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS In Patent Terms, This Comes Down To A Cost- Benefit Analysis For Your Client (And Maybe Your Client’s Patent Bear Competitor): How Much Will It Cost To Infringe The Patent Bear’s Patent But Not Be Caught (Or Sued) versus How Much Will It Cost To License Or Avoid Infringement? 19 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS Second Strategy: Build A Lean-to Do Something Hastily Or Cheaply Your Client Keeps Its Methods And Processes As Trade Secrets And Hopes That No One Ever Discovers Their Magic But, If The Secrets Are Revealed, There’s No More Secrets, It’s Out Of The Bag, The Lean-To Collapses 20 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS Third Strategy: Build A Tent Tents Involve A Single Patent A Tent Will Protect Your Client From The Weather And, Maybe, From The Patent Bear Just Make Sure They Use Something Other Than Mosquito Netting However, Although One Patent Can Provide Some Protection, Bears Can Sneak Up And Surround Your Client Then Your Client Is Trapped, And The Bear Just Has To Wait … And It Doesn’t Take Much For The Bear To Get Into A Tent 21 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS Fourth Strategy: Build A Fortress Get A Family Of Patents To Protect Your Client Do Infringement Analyses Do Patentability Searches But Do The Math … And Think It Through 22 © Gary R. Maze.

S URVIVING A P ATENT B EAR IN THE W OODS Remember: Copyrights Can Also Help Trademarks Can Also Help Trade Secrets Can Also Help But, Some Pet Peaves: Copyright Is Not A Verb Trademark Is Not A Verb Patents Do Not Protect Ideas 23 © Gary R. Maze.

THE PATENT PLACEMENT QUADRANT CHART Is It Better To Get: One Patent Or Two? Two or Four? Four or … It Depends … But Your Client Needs To Think: Strategically Long Term Expansively 24 © Gary R. Maze.

THE PATENT PLACEMENT QUADRANT CHART Thinking Strategically Per Recent Research, Companies Typically Submit 1 Disclosure Per $2M in R&D, and 1 Patent Application Per $4M in R&D But Only 5% Or So Of All Patents Create Strategic Value For A Company 25 © Gary R. Maze.

THE PATENT PLACEMENT QUADRANT CHART Example Of Thinking Strategically Gillette Mach 3 Razors Around 35 Separate Patents When Introduced Amazon “1-Click” Apple “Slide-to-unlock” And iPhone Patents Proctor & Gamble Swiffer Wet Jet® mops Most Patents Cover The Replacement Wipes “By recognizing the value of patenting prior to the emergence of a new consumer market, P&G was able to keep its competitors ‘innovating around them’ in order to compete along side them.” 26 © Gary R. Maze.

THE PATENT PLACEMENT QUADRANT CHART 27 © Gary R. Maze. FUNCTIONALITY MARKET RELATED NOT RELATED How To Build A Fortress With Your Own Bare Hands (sort of) similar dissimilar similar dissimilar

THE PATENT PLACEMENT QUADRANT CHART The Three Basic Strategies (Trade Secret, Single Patent, Patent Family) Suggest Adopting A Strategy For Protecting Or Pursuing An Invention, Or Its Associated Family Of Inventions, By Quadrants So, To Play The Game … Choose A Quadrant 28 © Gary R. Maze.

THE PATENT PLACEMENT QUADRANT CHART Focus On Market 29 © Gary R. Maze. Defensive Use Tent Is A Bullseye This Is What You Are Missing

THE PATENT PLACEMENT QUADRANT CHART Focus On Revenue 30 © Gary R. Maze. Revenue Generation This Is What You Are Missing Tent Is A Bullseye

THE PATENT PLACEMENT QUADRANT CHART Focus On Functionality 31 © Gary R. Maze. Creating A New Market This Is What You Are Missing Tent Is A Bullseye

THE PATENT PLACEMENT QUADRANT CHART An Example 32 © Gary R. Maze. SIMPLE PENCIL Mechanical Colored lead Drafting system sharpener eraser

MAZE IP LAW PC “There’s A Bear In The Woods” (And Other Games Of Skill) © Gary R. Maze. 33