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The Strategy Toolbox
Researchers and technology managers may not deal with IP every day like IP professionals do, but they are still exposed to all sorts of patent strategy tools, especially when they are attempting to develop a patent strategy for a business. The advertisements for these tools typically imply that life would be so much simpler if only they used the vendor's latest and greatest tool. Many of these tools are very useful; however, most tools also have limitations. Having a framework from which to evaluate these tools is therefore helpful to researchers and managers.
To help develop strategies, there are tools such as books on patent strategy, Web sites and computer software, and obviously, newsletters such as this one. The usefulness of these tools varies widely, based on the experience of the person using the tool and what “job” the person is trying to accomplish. For example, many books are written for the novice independent inventor and are therefore written on a very basic level, the concept of strategy being primarily how to obtain an enforceable patent. On the other hand, many newsletter articles are written for IP professionals and contain much more advanced advice. This advice may be excellent, but also may be too narrowly focused, such as covering some legal exception or nuance, to be incorporated into a broad patent strategy for a particular business.
The question then is how can these tools, supposedly all devoted to patent strategy, be organized so that researchers or managers can decide if the tools will be useful in developing an overall patent strategy for their business? Obviously, to construct the correct strategy, appropriate tools are needed. It is useful, therefore, to think about putting the tools that are the most needed into a “Strategy Toolbox.” Just like an amateur woodworker and a master carpenter may have some of the same tools, two different businesses may use some of the same strategy tools when obtaining their IP. However, just like the master carpenter has additional tools for use in specialized situations, one business may find the need for more complicated or sophisticated strategy tools in its toolbox.
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