Executive Summary

Strong patent protection means nothing if an owner does not have the money to extract value from their patents. Many innovators that have invested in portfolio development to “protect” their technology from infringers find that the costs associated with extracting value from their portfolios exceed their ability to do so.

Patent monetization models, such as in licensing campaigns, third-party litigation funding, or brokered business sales leveraging patents, can enable companies to realize value from their portfolios. However, patent monetization requires an owner to first demonstrate that the subject portfolio holds value for the other party to the transaction. The first step in showing such value is via documentation that persuasively demonstrates Evidence of Use (EoU), that is, “infringement.”

In a typical outsourced preliminary review followed by an expert U.S. patent analysis, patent owners should expect a minimum cost for a basic EoU chart to be at $5,000 to $10,000 per patent.

How AI Can Streamline EoU Analysis Generation

As noted, often, a significant portion of the preliminary work needed to prepare a credible EoU analysis can be outsourced to properly trained patent search firm personnel. While the analysis is specialized and requires adequate training, the work is nonetheless repetitive and programmatic. Such processes are ripe for automation, and the emergence of AI has the potential to dramatically reduce the cost of EoU documentation production.

In this regard, a properly trained AI system can dramatically reduce the human effort and therefore the overall cost required to generate EoU analyses necessary for patent monetization workflows.

Inside: Case Study – Electric Vehicle Patent Monetization Project

The IP Strategist concluded that if the AI analysis had been initially conducted, the entrepreneur would not only have saved a considerable amount of money, but the resulting work product would also have been as good, or may even be better, than their manual expert EoU analysis.

Conclusion

Patent owners must be armed with credible EoU documentation when pursuing patent monetization assistance. The costs associated with obtaining EoU analyses may prevent many patent owners from pursuing remedies for patent infringement. However, when properly deployed and with the right human expert review of the results, AI can reduce the cost of EoU creation substantially.

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This White Paper describes the most prevalent patent monetization models, explains how EoU operates as a critical feature of patent monetization efforts, and explores how AI-assisted EoU documentation generation can reduce the costs associated with extracting value from patents.

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Toward More Efficient Patent Monetization: Leveraging AI for Evidence of Use (EoU) Analysis

   

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