Growing Software Lawsuits Reinforce Need to Patent Products says Wolf Greenfield; Patents Offer Bargaining Chips, Attract Investors, Provide Corporate Shield

BOSTON--(BUSINESS WIRE)--Aug. 13, 2004--With more software companies getting hit with high-stakes patent-infringement suits, patenting software is both the first step in protecting rights and a key strategic weapon, says Wolf, Greenfield & Sacks, P.C., a Boston law firm specializing in intellectual property.

A company owning many patents has bargaining chips if another company sues it; otherwise, it has little to negotiate with.

“You do not even need a working program to apply for a patent”

Patents are more crucial today, according to Wolf Greenfield's Steve Henry:

-- Investors want to know that the company has a unique product that is protected.

-- The market for a good product compatible with Windows or another standard is potentially huge. A big opportunity plus proprietary position excites investors.

-- Very large damage awards in software patent cases show the potential benefits.

-- A patent portfolio is a shield that discourages litigation attacks. A competitor has to think twice before suing if the target could turn around and counter-sue.

-- Software is at the heart of many technologies, from medical devices to automotive engine control. Core software inventions can be licensed in diverse markets, providing a valuable stream of royalties.

-- Software often encapsulates much of the intangible value a company acquires over the years, from its business processes to analytics to quality assurance.

-- Because the industry is more mature, a successful product or technology today is likely to have a longer life and not be obsolete by the time a patent is granted.

-- Patents help level the playing field and give smaller companies a chance.

Filing early is smart. "You do not even need a working program to apply for a patent," Wolf Greenfield says.

A pioneer in software patents, Wolf Greenfield won a landmark 1998 court decision that expanded patent protections for software-implemented inventions.

Free booklet available

The basics of patenting software are covered in Wolf Greenfield's free booklet, "Questions and Answers about Software Patents," which covers the value of software patents, when to file, how long it takes, who owns the patent and what parts of software can be patented. The booklet is available online at http://wolfgreenfield.com/media/news/news.29.pdf and in hard copy from Meghan Haggerty of Wolf Greenfield at 617-573-7978 or [e-mail].

Boston-based Wolf Greenfield is one of the most experienced law firms devoted entirely to the practice of intellectual property law, including patents, trademarks, copyrights, trade secrets, IP transactions and related litigation. The firm has practice groups in biotechnology, chemical, electrical and computer technologies, mechanical, litigation, and trademarks, and is experienced in joint ventures, franchise and distribution agreements, confidentiality agreements and software licenses. On the Web: www.wolfgreenfield.com