We have considered the characteristics of a strong patent in another topic. Relatively weak patents may nevertheless meet some companies’ commercial objectives. In some industries, for example in telecommunications, there are mass cross-licensing agreements between competitor companies, and companies wish to be able to demonstrate that they have a similar quantity of patents, as well as quality, to similarly sized competitors. Other companies have made the number of new filings a feature of their annual reports, and wish to be able to report an equal or increased number of patents filed each year as an indicator of their innovative prowess.

One of the most compelling reasons for filing what might, technically, look like “weak” patents is that it is hard to assess the commerciality of inventions at the point where you have to decide whether or not to seek a patent. Even what appears at first to be a weak patent may prove to be strategically advantageous if it is in an area that turns out to be of commercial advantage.

For an assessment of the relative strengths of current and proposed patents and other intellectual property in Europe and elsewhere, speak to a UK Patent Attorney.