Is your corporation making this costly mistake? (And it happens 9 out of 10 times!)
Wouldn’t you want to know in advance if your corporation could avoid spending hundreds of thousands of dollars on a losing effort? Let’s start with a jarring statistic - corporations invest $250K+ total to assert and defend a patent - only to lose nearly 9 times out of 10(1). Millions and millions of dollars are lost every year by corporations asserting or defending patents with invalid claims. On average, defendants spend $200,000 before an IPR is filed(2). The median cost for filing an IPR petition is $100K, and for reaching a final decision is $250K by each party ($500K total).
Is there a way for corporations to avoid spending hundreds and thousands of dollars asserting and defending an invalid claim?
Don’t be part of the nearly 90% losing rate! Checking the validity of your patent before assertion can save your corporation a significant amount of time and money. A comprehensive, top-tier invalidity search can cost a mere $7K - a small investment to make to be able to proceed with confidence instead of in fear of a costly, $250K+ time-consuming loss.
"A rough ballpark estimate of the costs of an inter partes review is approximately $300K to $600K. That is by no means cheap, but may still be considered a bargain compared to the costs of defending a patent infringement litigation in federal court which could easily reach $1-4 million or more. If an IPR is instituted, USPTO fees alone start at $23,000. In view of these six-figure costs, it makes a great deal of sense to invest in thorough prior art searching."
- Vic Lin, Southern California-based Patent Attorney
If you’re a patent holder, considering assertion against a potential infringer, checking validity of your patent first is a fiscally-sound and logical decision. Likewise, if you’re a defendant, before investing in an IPR, it makes absolute sense to conduct a thorough prior art search. Contact us today!