Insights on the Nuclear Energy Industry, Legal Quality of Patents, and SEP Licensing
Welcome to the twenty-seventh edition of Ocean Tomo Insights, our weekly LinkedIn newsletter featuring Expertise for the Innovation Economy™ - unique insights from intellectual property (IP) experts at Ocean Tomo, a part of J.S. Held.
In this edition, William Johnston shares insights on the Ocean Tomo Nuclear Energy Industry Report. Alan Marco explores Factors Influencing the Legal Quality of Patents and Shelly Irvine shares insights on the Increasing Efficiency of SEP Licensing in the IoT Space through Transparency and Collaboration.
Nuclear Energy Industry Report
Ocean Tomo, a part of J.S. Held, released its Nuclear Energy Industry Report, which provides a comprehensive look at current industry trends and deal activity in the Nuclear Energy space and reveals the scientific and technical advances impacting the nuclear industry.
Technology convergence is also impacting the nuclear energy industry, including using artificial intelligence and big data to optimize reactor performance and safety, developing advanced materials that can withstand harsh reactor conditions, and adopting digital technologies to enhance plant monitoring and maintenance.
The nuclear energy industry has contributed to global energy needs as the demand for clean and sustainable energy sources increases. Nuclear Energy Industry Analyst William Johnston shares insights from the report, “with the growing market competition, nuclear energy companies face growing risks related to IP litigation. Companies can implement IP strategies to mitigate this risk to protect their innovations and technology.”
As a financial advisor focusing on technology and IP, Ocean Tomo has gained unique insights from more than 1000 engagements involving more than 150 industry segments. This experience has allowed our experts to understand the nuances of IP protection, valuation, and monetization across industries. In 2018, a series of Industry Analyst Reports were launched to provide a comprehensive look at current industry trends and deal activity. Our reports currently examine the following industries: Autonomous, Battery, Blockchain & Cryptocurrency, Cannabis, Cybersecurity, IP Licensing Companies, and Semiconductors.
The Nuclear Energy Industry Report is available to download here. For further information contact William Johnston at wjohnston@jsheld.com or +1 928 370 4918.
Factors Influencing the Legal Quality of Patents
The legal quality of a patent is a key factor in determining its value and enforceability. A patent that adheres to U.S. patent laws is more likely to be upheld in court and provide clear protection for the inventor. There will also be less uncertainty about the assigned property right.
Chief Economist Alan Marco reflects on the factors that affect the legal quality of a patent. Additionally, he argues that before any proposed changes to the patent examination process are adopted, incentives for applicants should be scrutinized to avoid applications that are too narrow and don’t encourage invention, as well as those that are too broad and may deter follow-on inventions.
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To learn how significant the application and the patent examination process is to the legal quality of a patent, click here.
Increasing Efficiency of SEP Licensing in the IoT Space through Transparency and Collaboration
There has been much discussion recently around standard essential patent (SEP) licensing as it applies to the internet of things (IoT) space. Most thought leaders agree that given the vast number of IoT verticals emerging over the coming decades, there will not be a one size fits all model for licensing. Indeed, predictions are that we will see a mix of traditional models of bilateral licensing and patent pooling but also likely new and creative ways of thinking about licensing, centering on more transparency. For example, engaging industry groups and leaders earlier in the licensing process for candid discussions with patent holders around value and contribution could improve efficiency. Other ideas involve having one or more centralized bodies that determine the FRAND rate by industry vertical using consistent and transparent criteria. Changes such as these would be a mind shift for the industry and might meet with resistance but, if done right, could lower transaction costs and reduce litigation.
Implementers I’ve spoken with indicate a willingness and desire to engage in early conversations with patent holders around fair and reasonable licensing rates in the IoT space. Transparency is key. Taking the good of what has been achieved in the mobile device space and learning from mistakes will help to advance the ball in what is sure to be the next wave of SEP licensing.
To learn more about this topic, contact Shelly Irvine at shelly.irvine@jsheld.com or +1 415 946 2556.
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