Derivatives patents: strategies for survival

Today, there are innumerable strategies around for making money in the multi-trillion dollar financial derivatives industry. However, one that has been steadily gaining notoriety has been patent litigation. Some question the validity of such patents, noting that the US Patent and Trademark Office ma...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2006-03, Vol.12 (2), p.29
Main Author: Roman, Eric
Format: Article
Language:English
Subjects:
Derivatives
Derivatives (Financial instruments)
Financial services
Futures
Infringement
Intellectual property
Laws, regulations and rules
Litigation
Management
Patent infringement
Patent licenses
Profitability
R&D
Research & development
Software
Technological change
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Summary:Today, there are innumerable strategies around for making money in the multi-trillion dollar financial derivatives industry. However, one that has been steadily gaining notoriety has been patent litigation. Some question the validity of such patents, noting that the US Patent and Trademark Office may be ill-prepared to make exhaustive prior art searches, whether through lack of experience or a dearth of database tools. In addition to developing strong patent portfolios of their own, financial companies should get into the habit of seeking advice from patent counsel before developing and commercializing new derivatives-related products. Financial services companies are gradually coming to grips with the fact that derivatives-related patents and financial patents generally are becoming a permanent part of their competitive landscape. Only by developing a patent-savvy culture will financial services companies, guided by experienced patent counsel, be able to successfully meet the challenges brought on by derivatives patents.
ISSN:1086-914X