Abstract
Dr Oliver Baldus studied Economics and Physics and is Patent Attorney at PATENTSHIP. Chris Heckmann holds a degree in Philosophy and Economics and is currently a graduate student of Governance at the University of Strasbourg. The article gives new insights into evaluating patents, irrespective of the underlying legal system. Most patents suffer from a reduced actual enforceability, eg due to a threat from counter patents by a competitor. This fact results in the set of formal rights (prohibitive rights) granted by patents often being reduced to a smaller set of rights which are actually enforceable, termed the informal restrictions approach (‘IR approach’). The reduced set of rights is considered when determining the value of a patent, leading to more precise results. In building on the IR approach, an IP strategy matrix is introduced, which serves as a useful interface for modelling competitive patent situations in a simple way, thereby facilitating the derivation of viable patent strategies.
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