What factors make a patent valuable?
Minneapolis patent attorney Suneel Arora of Schwegman Lundberg & Woessner discusses the factors that make a patent valuable.
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Well, broad claims are good, but broad claims are not enough. When we talk about having a broad patent claim, what we really want is we want a claim that’s broad enough to survive summary judgment but also broad enough to withstand inter partes review at the patent office. So, as you know, patents litigation rarely goes to trial, so the case is going to be won and lost in summary judgment, and the validity of patents really is being challenged more and more frequently at the patent office to avoid the cost of litigation. So what you need is a claim that is not necessarily broad, but broad enough – so broad enough to cover the accused product, but also broad enough to withstand challenge and being invalidated based on the prior art.