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The Case for Patent Intelligence

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("Atari Games") a case decided shortly before Sega the Federal Circuit Court. reached a similar conclusion concerning the legality of reverse engineering. ...



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The Case for Patent IntelligencePage 11The Case for Patent IntelligenceJudicial Support for Fair Use in Reverse EngineeringBy Terry Ludlow CEO and founder Chipworkswww.chiprworks.com or insidepatents@chipworks.comThe lights are shining in the surgery. A man in a lab coat is operating but we cannot quite see on what. But by means of his precise and delicate exploratory surgery he will learn exactly what he needs to know. The expert described is not a doctor but an analyst using reverse engineering to determine how a cell phone works and if it might be infringing any patents.Those unfamiliar with reverse engineering sometimes associate it with hackers copyright violation and theft. Nothing could be further from the truth. Reverse engineering is a means of maintaining competition that is fair and healthy for the marketplace.Reverse engineering is an efficient and effective way for companies to protect patents and ensure that competitors are not using them illegally. It also helps companies protect themselves by ensuring that do not infringe on their competitors patents.Nearly every large corporation uses reverse engineering as a tool for competitive analysis and as a means to uncover possible patent infringements. A Means to Monitor PatentsToday despite extreme competition companies demand the maintenance of a fair and level playing field. One way to guarantee fairness among competitors is for all parties to have equal access to patent intelligence through the use of reverse engineering.The worlds most innovative and creative companies guard their intellectual property by acquiring patents to protect their inventions. Obtaining the patent however is only the first step. Companies must aggressively monitor industry and competitive products in order to ensure that no one is copying their innovations. The most effective way to monitor patents is to reverse engineer competing products to gain patent intelligence.Reverse engineering is a widely used legally accepted way t ...

Source: www.lpig.org


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