The last decade has offered software manufacturers plenty of case studies on the risks and rewards that surround patent management. But while the technologies and legal statutes surrounding this segment may be growing increasingly complex, companies should not lose sight of all the fundamental steps they can take to protect their interests from the beginning so that they may monetize their assets down the line.

Musical artists and industry executives know all too well the effect that digital business models have had on revenue prospects over the past decade. However, it is now the internet radio pioneers that are starting to feel the squeeze and ask for amendments to current royalty management frameworks.

Not long ago, digital video recorders (DVRs) were still synonymous with TiVo. However, a recent influx of rivals has forced the company to leverage its intellectual property portfolio more aggressively and secure licensing fees via litigation.

Light-emitting diodes, better know as LEDs, have been a seemingly endless source of inspiration for high-tech inventors. But as the underlying components for the versatile lighting technology continue to rapidly evolve, intellectual property management has become a much more competitive pursuit in recent years.

A recent article posted on the Canadian Association of Petroleum Producers (CAPP) web site highlights the efforts of one Canadian company to improve “in situ”, or underground, oil production processes. According to the piece, Petrobank Energy and Resources, a Calgary-based energy and technology company, has spent the past three years field-testing its THAI^™ (Toe to Heel Air Injection) technology. The technology advances the science of heating and loosening bitumen deep underground and subsequently pumping it to the surface. Environmental as well as production efficiencies are gained in this process, in part, by minimizing the amount of water and natural gas needed to heat the bitumen in a horizontal underground reservoir. This is accomplished by heating only the bitumen around the “toe” of the underground well, and completing the heating process by creating a combustion reaction through targeted air injection. The technology reportedly produces other benefits as well, including minimal water usage, a smaller surface footprint, a partial upgrade of this low-grade hydrocarbon while still underground by virtue of the combustion process, and residual materials produced by the process serving as fuel for continued combustion.

US Oil Sands, Inc, a subsidiary of US Oil Sands with main offices in Calgary, announced recently that the Canadian Intellectual Property Office granted its patent application for an extraction methodology. US Oil Sands Inc for now is focused on a large exploration and extraction project in the state of Utah. The patent covers an oil sands extraction process which the company says dramatically reduces greenhouse gas emissions and energy consumption. According to the announcement, the process uses a unique bio-solvent to extract bitumen – a low-grade hydrocarbon which can be refined into oil – without the need for tailings ponds. Tailings ponds are typically used to contain the residuals of oil sands mining operations. The company is confident that this innovative technology will provide it with a substantial competitive advantage as well as a leap forward for the US in meeting its domestic energy requirements.

In an article first published in 2011, Mark Sajewycz, a partner with the law firm Norton Rose Canada LLP, surveys alternative intellectual property protection paths available to Canadian oil & gas companies. It is not just the land or resources beneath it that represent the value, but also the enabling exploration, extraction and upgrade technologies, argues Sajewycz. He adds that holding rights to such technologies can be powerful competitive advantages. Careful consideration should therefore be given to the vehicle one chooses to protect these innovations.

One of the more unique provisions contained in the America Invents Act was a rule which, for the first time in the history of United States patent law, would allow third parties to submit relevant materials directly to patent examiners. This week, the patent community learned what form the inclusive new system would take as the USPTO unveiled an online portal called Ask Patents.

According to a recent piece by Bruce Berman of Brody/Berman posted to IP CloseUp®, organizations should not necessarily measure the quality or success of their patents in terms of patent yield per R&D dollar spent. In other words, says Berman, while relevant, more R&D and more patents – even if the result is a lower average cost per patent filed - “are very limited indicators of success…” It depends upon the reasons a company is embarked on the effort, which in turn is (or should be) a function of the company’s strategy. “Is it to obtain patents that provide design and sales freedom?” Berman asks. “To reveal ideas for new products? To generate licensing income? All of the above?”

In an article posted on the ASME web site in August 2012, Mark Crawford highlights the key role played by engineers in the creation and early protection of intellectual property rights.