Duncan Bucknell


It’s been widely said (and attributed to Peter Drucker), that culture eats strategy for breakfast. Whilst Mark Fields made that particular phrase popular, Drucker definitely made it clear that culture will block attempts to implement a strategy that is incompatible with it. So what does that mean for IP Strategists? If you try and implement a strategy that is counter cultural for your organization – you will fail. For example, try getting… Read More

How do you protect your IP Processes?  More importantly, have you ever done a freedom to operate clearance on them? To kick off this short series of posts, here are a few insights on some of the top ‘patent process’ patent filers, what they are covering, and the most cited patents. Given my 100 per cent client focus, I couldn’t really do this topic justice but I look forward to further insights… Read More

Do you have an invention ready in hand but are not able to file a patent? How will you protect it from being disclosed if you intend to eventually file a patent? Often disclosure is essential with partners, collaborators, investors, while developing advanced technologies with the help of external agencies and so on. It is sometimes essential to disclose a few bench marking stages for research scholars. Occasionally disclosure takes place accidentally… Read More

To publish or not to publish is not always a choice but an obligation. Unless you fulfill it, it will not give you what you wanted to achieve. Imagine you have a new invention. Someone else also has a similar invention to yours with very few modifications/additions. The later invention could be deemed inventive and it may limit your freedom of operation unless you protect and publish your invention. Imagine another situation… Read More

I have often compared patents to castles when discussing high stakes invalidation exercises.  Some are inherently stronger than others, but given enough resources, none of them are invulnerable.  Castles, like patents, are often viewed as defensive structures.  So it was interesting to hear a narrator on a History Channel episode about great fortifications describe castles as tools of aggression…an inherently offensive and not a defensive weapon.  Why would this be so?  Answer:… Read More

Those of you who subscribe to Hal Wegner’s IP news update emails will have recently received an email enclosing a very brief synopsis of how the “New Law” of first-to-file (or more accurately first inventor-to-file) can impact patent applications filed after March 15, 2013, even if an earlier priority date is claimed. The paper has, somewhat for effect, the title “Death of Current Continuation Practice: March 15, 2013” and provides support for… Read More

If you encountered an alien from another world and wanted him to understand the concept of what a word is, chances are you would put words (and their object or idea representation) into context with the letters from which we write them and the sentences and paragraphs for which they are a part. This is the best way to describe any system – to put it into context with a system below… Read More

Guest post by Marc Kaufman Determination of the quantitative value of patents has been elusive.  Complex statistical analysis and accounting methods have been applied to patents in an effort to ascribe a value to individual patents and patent portfolios.  While these endeavors are useful, it is important to keep in mind the very basic elements of patent portfolio value in order to execute a patent acquisition program that creates maximum value, regardless… Read More

How would you react if you were forced into a commoditised positioning? Check out these car rental companies and what happens to them at airports around the world for just a taste. So how to react? From a business standpoint, if ‘Thrifty’ really means ‘we are the cheapest’ – then make your signage black and white and put up a brightly coloured sign saying ‘We will beat any price from these guys… Read More

In the course of 20 years, China has slowly developed to become the fifth largest patent systems in the world – what is next and what is missing for China to become the innovative hub it wants to be? Statistics recently revealed by the EPO show that domestic patent application in China have, in the past 5 years, outpaced the number foreign application. According to EPO statistics in 2009 the foreign patent… Read More

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