{"id":25612,"date":"2025-12-12T13:43:21","date_gmt":"2025-12-12T04:43:21","guid":{"rendered":"https:\/\/www.ryuka.com\/en\/?p=25612"},"modified":"2025-12-12T13:43:21","modified_gmt":"2025-12-12T04:43:21","slug":"patent-marketing-making-the-most-of-patent-filings","status":"publish","type":"post","link":"https:\/\/www.ryuka.com\/en\/news\/ip-news\/patents\/25612\/","title":{"rendered":"Patent Marketing \u2014 Making the Most of Patent Filings"},"content":{"rendered":"

Patent Marketing \u2014 Making the Most of Patent Filings \u2014<\/h2>\n

October 4, 2025
\nAki Ryuka
\nJapan Patent Attorney | Attorney-at-Law, California
\nRYUKA & PARTNERS<\/strong><\/p>\n

Since patent filing is an investment for the future, countries and inventions to protect patents should be selected in accordance with the visualized return (exit) of the investment.<\/p>\n

Common Issues<\/h2>\n

Selection of Countries<\/h3>\n

Applicants often say, \u201cOur company does not intend to actively enforce patents, but we want to maintain a balanced patent position against competitors to avoid being sued.\u201d<\/p>\n

They then compare the number of patent applications and the business scale with those of competitors and conclude, \u201cTherefore, our target should be X applications per year.\u201d They also determine filing targets by country according to the scale of their own sales and manufacturing.<\/p>\n

However, \u201cpatents to avoid being sued\u201d must function as counterattacks when litigation arises. For example, if the company holds a strong market share in Asia but a competitor dominates the U.S. market, obtaining patents in Asia will not be an effective counterattack. The counter-attack ammunition must be placed in the United States.<\/p>\n

Inventions to Be Filed (Claim Drafting)<\/h3>\n

In a specification, applicants typically describe the embodiments they intend to implement and draft claims that cover those embodiments. Patent evaluation also often places emphasis on whether the invention is used by the applicant.<\/p>\n

Indeed, when licensing is intended, it is important that claims cover the applicant\u2019s own products. However, for maintaining balanced patent strength, whether the claims cover own products merely serves as a reference that \u201ccompetitors might want to use it.\u201d A patent that is easy to design around cannot be highly valued for maintaining balance.<\/p>\n

Patent Marketing: Bridging Management and IP<\/h2>\n

These issues can be avoided by clearly defining the purpose of patents and filing them in accordance with each intended purpose.<\/p>\n

Before developing a product, companies research the market\u2014market size, growth rate, competitor strengths, pricing\u2014and then identify a position with competitive advantage. Patents require the same process. A target \u201cpatent position\u201d should be defined, and applications must be filed based on how patents will support that position.<\/p>\n

To achieve this, we suggest Patent Marketing<\/strong>, which maps patent objectives into four quadrants based on:<\/p>\n

    \n
  • the horizontal axis: future business profit balance between the applicant and competitors<\/li>\n
  • the vertical axis: future patent strength balance between the applicant and competitors<\/li>\n<\/ul>\n

    \"\"<\/p>\n

    Figure 1: Patent Filing Objectives Defined by Patent Marketing<\/strong>
    \nA four-quadrant matrix considering both profit balance and patent strength balance, used to map filing purposes.<\/p>\n

    Filing Objectives by Quadrant<\/h2>\n

    Active Patent Enforcement<\/h3>\n

    Upper-right quadrant (high profit, high patent strength):<\/strong>
    \nBuild a portfolio aimed at excluding competitors. File first in your own markets. If competitor production sites can be identified, file also in those countries.<\/p>\n

    Upper-left quadrant (competitor profit higher, your patent strength high):<\/strong>
    \nLicensing opportunities arise. File in competitor markets where they will \u201cwant\u201d the patents.<\/p>\n

    Patents here must cover competitor products. However, in OEM or licensing scenarios, competitor products may effectively equal your own\u2014so covering your own products is sufficient.<\/p>\n

    Defense Against Patent Enforcement<\/h3>\n

    Lower-left quadrant (competitor profit high, your patent strength low):<\/strong>
    \nDirect enforcement is difficult, but defensive cross-licensing is possible. File in competitor markets and production sites. Patents must cover competitor products.<\/p>\n

    Lower-right quadrant (your profit high, competitor patent strength high):<\/strong>
    \nLitigation risk is high. For NPEs, your patents cannot be asserted, so filings that strengthen your \u201ccontribution ratio\u201d argument are key. File patents covering your own products in your own markets.<\/p>\n

    Summary of Filing Objectives<\/h2>\n
      \n
    • Right-side quadrants \u2192 file in your markets<\/strong> first.<\/li>\n
    • Left-side quadrants \u2192 file in competitor markets<\/strong> first.<\/li>\n
    • Upper quadrants \u2192 focus on active enforcement<\/strong>.<\/li>\n
    • Lower quadrants \u2192 focus on defense<\/strong>.<\/li>\n<\/ul>\n

      Claim coverage:<\/strong>
      \nUpper-right & lower-left \u2192 competitor products
      \nUpper-left & lower-right \u2192 your own products<\/p>\n

      How to Conduct Interviews with Inventors<\/h2>\n

      Clarifying Patent Objectives<\/h3>\n

      Since claims depend on purpose, inventor interviews must begin by discussing objectives based on Patent Marketing.<\/p>\n

      For exclusion or cross-licensing \u2192 discuss competitor workarounds.
      \nFor monetization or damage reduction \u2192 discuss how your company implements the invention.<\/p>\n

      Filings for Financing and Shareholder Communications<\/h3>\n

      Even when filings are for financing or demonstrating competence, explanations rooted in Patent Marketing strengthen the message.<\/p>\n

      Patent Strength<\/h3>\n

      Required litigation strength differs depending on purpose.<\/p>\n

      For excluding competitors \u2192 airtight preparation is needed.
      \nFor friendly licensing \u2192 cost efficiency may take priority.<\/p>\n

      Clarifying your patent position enables proper decisions on where to file, what to file, and how detailed each application must be.<\/p>\n

      Anticipating Future Changes<\/h2>\n

      Changing Filing Objectives<\/h3>\n

      Patent strategy should be based on future\u2014not current\u2014patent positions. If positions will change, create 5-year and 10-year projections.<\/p>\n

      \"\"<\/p>\n

      Figure 2: Visualizing Changes in Patent Filing Objectives Using Patent Marketing<\/strong>
      \nObjectives vary by competitor and product. Visualizing changes helps shape long-term IP strategy.<\/p>\n

      Patent Sales<\/h3>\n

      When patents are sold, the \u201cyour company\u201d in the matrix changes, altering patent positions and value. Pricing must be evaluated from the buyer\u2019s perspective.<\/p>\n

      Conclusion<\/h2>\n

      Patent Marketing relies on assumptions, so exact numeric positions aren\u2019t essential. But without at least an intuitive sense of these positions, one cannot rationally decide what inventions to file or how to draft claims.<\/p>\n

      Since patent filing is an investment, envisioning an exit is crucial. Patent Marketing provides a common language shared across R&D, IP teams, executives, and investors, helping companies leverage their technologies and accelerate business growth.<\/p>\n","protected":false},"excerpt":{"rendered":"

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