Over the last few weeks we have discussed the impact of Alice on patents, and determined that it is still possible to obtain software patents post-Alice. We saw patent litigation suit filings close to all-time highs. Although filing one or more litigation suits is certainly a viable way to monetize your patents, it is far from the only way. Over the next several weeks, we’ll discuss different ways to monetize patent portfolios.
Unquestionably, the greatest value can still be obtained from a patent by enjoying the exclusivity in making, using, and selling the patented invention for the life of the patent. This method of monetizing patents is explicitly provided for in the US Constitution, embodied in Article I Section 8 Clause 8 to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
While enjoying the exclusivity that a patent provides can yield the greatest rewards, a variety of other ways to monetize patents, with a range of risks and rewards for a variety of risk profiles, remain viable.