There are certain steps that can be taken to eliminate risk and make the patent case as clear on liability as reasonably possible.  With an understanding of the criteria and the ways that a patent case can be lost, patent owners and applicants can make better decisions while building their portfolio to minimize their risk and maximize the risk to potential infringers. As a result, the value of the portfolio will increase.

If you prosecute your patents from the beginning with an eye toward contingent fee enforcement, you can keep open as many options as possible.  Creating a patent portfolio worthy of contingent fee representation is synonymous with creating a strong and valuable patent portfolio.

Some lawyers will take patent licensing and enforcement matters on a contingent fee basis. In a contingent fee representation, the client and attorney incentives are more closely aligned to reach the client's desired outcome. If a lawyer doesn't take your case on a contingent fee basis, you should look closely at the legal issues of concern to the lawyer to determine whether the case is worth paying lawyers hourly to pursue.

If you have exhausted your resources obtaining patents and cannot afford to enforce them, it may be hard to realize any benefit from them.  Some attorneys will license and enforce patents on a "contingent fee" basis; the client only pays out of funds that are recovered.  Through this series of articles, I aim to help patent owners minimize their risk and create high-quality enforceable patent portfolios that are ripe for contingent fee representation.