Stress Testing Patents

Stress testing is a process Validity has adopted to evaluate a patent’s resistance to challenges such as an IPR. While it encompasses evaluation of standard parameters such as infringement, validity, observability and market alignment, it goes beyond these parameters by engaging in an active challenge and defense of its validity, novelty and innovation. The stress testing process is aimed at finding weak links in the patent spec and claims, often focusing on novelty, claim construction and obviousness.

For a potential licensing campaign, stress testing specifically identifies the key weaknesses and flaws in the patent claims and specification. Furthermore, it helps formulate the campaign strategy by identifying the defendant’s most likely defenses, giving a tactical advantage to the plaintiff. This information is used to decide whether to initiate or reject the campaign. This is a particularly critical point if one is about to purchase the portfolio or commit to a major investment of capital in a licensing campaign.

For patent prosecution where the specification and claims are still fluid and adaptable, stress testing can be used to build IPR resistant patents that have stress-tested validity and claim coverage. These stress-tested patents are core components of a client’s critical technology portfolio. Not every patent in a portfolio needs to be tested but an optimized portfolio uses the stress testing process to secure foundational patents in a robust strategy designed to secure the client’s technology base.

The selective application of stress testing helps our clients to build critical portfolios that protect large capital investments - organically grown through expensive R&D programs or purchased strategically in the open market - and to be assured that their investment is more secure and thus more valuable. Ultimately, it is peace-of-mind to know that your patent portfolio has verified patent value rather than just relying on a certificate from the USPTO indicating a notice of allowance.

Contact us to discuss how we can be of assistance in managing your patent portfolio needs. It will be our privilege to serve you.