National Patent Gap Analyses Lawyer

Did you know that if your patents do not cover all of the innovative components of your products:

  • Your competitors may be able to patent those components and block you from selling products which incorporate your own inventions?
  • You may have no ability to block your competitorsfrom selling products that incorporate the features that you failed to patent?

Did you also know that your U.S. patents are only enforceable in the U.S., and that you cannot use your U.S. patents to block your competitors from selling products or incorporating your patented inventions elsewhere in the world, even if your U.S. patent clearly covers your competitors’ products?


Experienced Review of Patent Portfolios

Our firm can perform a patent gap analysis for new clients who have existing patent portfolios, in order to uncover any flaws in the portfolio and fix them before it is too late. We recognize that every patent must be treated as unique because every invention is unique. A comprehensive patent strategy that protects your business must be free of gaps. The purpose of a patent gap analysis is to seek out and repair any lack of intellectual property protection that could hurt your business if left unattended. If your patent portfolio has not undergone a patent gap analysis, then you very well may have a patent portfolio with gaps that you are not aware of. In this case:

  • If you try to enforce patents in your portfolio against a competitor who has copied your products, your patents may be invalidated and rendered worthless because of gaps in the portfolio that you didn’t know about and therefore failed to fix.
  • If you try to use the patents in your portfolio defensively against a competitor who has sued you for patent infringement, your patents may be invalidated and rendered worthless because of gaps in the portfolio that you didn’t know about and therefore failed to fix.

Computer patent portfolios require special knowledge and expertise to avoid developing gaps in patent coverage. Each patent in the portfolio must be crafted with an understanding of the relationship between the invention and competing technologies that exist today and might exist tomorrow. You must also avoid obtaining patents that are obsolete by the time they are granted. The portfolio as a whole must be managed to parallel both the direction of your business and its relationship to your competitors, to provide the portfolio with both offensive and defensive power. When a well-known global software company required expertise in software patents, it turned to attorney Robert Plotkin, who “…quickly grasped our technology and provided us with critical strategic and tactical guidance to enable us to obtain patents for all of the applications we had filed…we can recommend Robert Plotkin, P.C., to any company needing a patent law firm with expertise in software patents.” For more, see our client successes.

You may already review your patent portfolio periodically and believe it to be sound. Someone with the necessary technical and legal knowledge who takes a fresh look at that portfolio, however, may find dangerous gaps where none were thought to exist. Our skill with patent gap analyses comes from our years of experience helping companies build patent portfolios from the ground up. Because we know what a solid patent portfolio looks like, we can identify any missing pieces in yours. Gaps in a patent portfolio are like cracks in a dam; filling them sooner rather than later is both more effective and less costly. Furthermore, some patent gaps must be filled quickly or the chance will be lost due to deadlines imposed by law.

We are happy to answer questions about your patent portfolio and whether the timing is right to conduct a patent gap analysis to uncover and fix any gaps that may exist in that portfolio.


Contact Our Intellectual Property Protection Attorney

We can help ensure that your patent portfolio is receiving the full benefit of intellectual property protection. Contact our Boston patent lawyer online or call 978-318-9914, toll-free at 877-451-5689, to schedule an appointment. We provide flexible in-person and telephone appointment times to accommodate your busy schedule. Each new client receives a complimentary 30-minute consultation.