Whether a company is a small, mid or large cap company, a strong intellectual property portfolio will provide the company with the ability to become a more effective competitor and enhance shareholder value. A company moving into a new business must create an appropriate intellectual property portfolio to protect the business assets which are being created. A new concept which results in numerous new products being created requires rigorous protection.It is important that the intellectual property portfolio protect not only the products which are being sold but also products which are anticipated to be sold by a competitor.

Regular filings of patent applications, etc. are important to maintain the protection of cutting edge products. This is important not only from the standpoint of protecting a market, but also from the standpoint of preventing a competitor from patenting further improvements and gaining a foothold in a market. If a company is not first to market, the patenting of improvement products may provide leverage later in a litigation or in negotiations with the company which was first in the marketplace. Crosslicensing becomes an option and may be undertaken only in the event that the company’s portfolio is worth licensing.