Patent Strategy

Why Two Patents Covering the Same Invention Can Have Very Different Value

Patent practitioners routinely encounter portfolios containing multiple patents directed to substantially the same technology, sometimes within the same family, sometimes across jurisdictions, and sometimes from entirely different applicants. Yet despite similar subject matter, these patents can differ dramatically in commercial value, enforceability, and strategic usefulness. This gap in value typically has little not do with […]

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Understanding the PHOSITA Standard: The Hypothetical Expert at the Center of Patent Law

In patent law, few concepts exert as much influence, or receive as little general recognition, as the PHOSITA, the “Person Having Ordinary Skill in the Art.” This fictional individual sits quietly at the center of the U.S. patent system, shaping critical determinations that decide whether an invention deserves patent protection, whether a patent is valid,

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