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Author: Lance Anderson

The Patent Mirage: The New Challenge for Today’s IP Strategy

Rose Willis (Member, Saginaw and Troy) states “Innovators in the healthcare industry must protect their technology and innovation property rights.  Dickinson Wright healthcare intellectual property attorney, Lance Anderson (Member, Austin), provides strategies and other valuable insight into the methods of protection in his article “The Patent Mirage: The New Challenge for Today’s IP Strategy”. Effectively leveraging the intellectual assets of your business requires a holistic approach to IP protection. Anyone dealing with “intellectual property” (IP) and its role in capturing innovation understands the critical role patents play in value creation. Patents are constitutionally-driven, time-limited rights to exclude others from practicing your invention, usually in exchange for your ‘enabling’ one of equal skill to carry out the invention, thus (in the words of our founding fathers) advancing the useful arts. Over the years, businesses that participate in research and development or improvements to goods and services have implemented best practices when it comes to protecting their intellectual property assets. Effective due diligence, valuations, and negotiated representations and warranties around patents have become routine parts of many corporate transactions. Patent assets, material contracts, licenses, data, and software are often scheduled in mergers, acquisitions, asset purchases, and debt facilities. Security interests may be recorded based on ownership transfers and collateralization. Patents have long served as the primary asset within IP portfolios. Patents are then typically bolstered by copyright, trade secrets, data, and...

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Managing Today’s Innovation in Healthcare: the Modern IP Strategy

Innovation in the health care industry is heavily focused on data. Data is now considered an integral part in health-related applications ranging from managing patient records to analyzing drug and genetic screening data within a research or clinical context. It is regulated and protected. It also carries significant value when analyzed for purposes of determining trends, effects, and conclusion. Today’s transactions involving innovation often take into account ownership of proprietary information and how it results in the value proposition of a business. Protection of today’s innovation is more critical than ever, and information – not just functionality – is itself an asset. Intellectual Property (IP) assets are thus critical assets of an innovative health care business. After all, a vast majority of the allocated value of today’s businesses are comprised of intangible assets, including branding and goodwill, culture, and human capital. IP rights are clear contributors to overall market capitalization, and historically, patents have played a central role in the leveraging of innovation captured by a business. The Patent Mirage But there is a battle being waged in regard to what types of “inventions” are capable of patent protection. Many of today’s innovation in health care involve computers processing complex algorithms designed to identify treatments, diagnose a disease, or discover trends not easily seen or noticed. Health-IT and telemedicine continue to see innovative solutions made possible by computing power....

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The Health Law Blog is published by Dickinson Wright PLLC to inform the public of important developments within the firm and practice areas. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in this blog.