The Patent Game: Basics & Strategies for Innovators, Entrepreneurs, and Business Leaders by Vance V. VanDrake III

Author:Vance V. VanDrake III [VanDrake III, Vance V.]
Language: eng
Format: epub
Publisher: Legal Technology Press
Published: 2019-10-09T07:00:00+00:00

Drawbacks to The Bucket of Legos Strategy

A robust provisional application can be costly

Half-baked ideas included in the disclosure can become damaging prior art

Practical Example – Johnson & Johnson, Inc.

Earlier in my career, I had the privilege of working at Ethicon Endo-Surgery, a subsidiary of Johnson & Johnson, Inc. I cut my teeth in the patent trade by working with several truly exceptional patent attorneys and agents from whom I learned a great deal about patent strategy, working with inventors, and how to build formidable swords and shields using a patent portfolio. The deep pockets of Ethicon—combined with an intense focus on patent strategy and R&D—have driven its value up substantially. The Bucket of Legos strategy is particularly well-suited to medical device applications and is often used by Covidien, Medtronic, and other big names in the industry.

There are many examples of product platforms to choose from that demonstrate the Bucket of Legos strategy in action. We’ll be taking a look here at a particular patent family from Ethicon directed to surgical staplers. Ethicon is the assignee—or owner—of at least 3,124 United States and international patents. The diagrams below represent a snapshot of this ownership and the distribution of Ethicon’s patents across the world.

As illustrated, Ethicon has secured at least 2,115 patents in the United States alone at the time of this writing. The U.S. is where Ethicon is based and the charts suggest that this is also its key market for medical device sales. But another takeaway from these diagrams is that even companies with the deepest of pockets are judicious in the choices it makes when it comes to filing foreign patent applications. That there are no worldwide patents means even the largest of applicants need to weigh the pros and cons of pursuing protection in secondary markets. Foreign patent fees can add up quickly—particularly when ongoing annuity fees are taken into account—and the chart should illustrate why smaller businesses might want to be even more careful with where they choose to file.

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