Compumark

France – Trademark applications

France is the largest national level trademark register in the EU, with nearly 1.4 million active trademark records. The French National Institute of Industrial Property (INPI) received just over 92,000 trademark applications in 2023. Volume has been falling in recent years, after a record high in 2021 of nearly 113,000 applications.

Source: CompuMark SAEGIS®

Source: CompuMark SAEGIS®

Germany – Trademark applications

Germany also has a large and highly active national trademark register, with over 920,000 active trademarks and around 75,000 new trademark applications filed each year. Like France, filing volume peaked in 2021 with over 87,000 new trademark applications filed. Although filing activity has fallen since 2021, it is still higher than pre-pandemic levels.

Source: CompuMark SAEGIS®

German applicants accounted for 92% of all new trademark applications filed at the German Patent and Trademark Office (DPMA) in 2023. Visionborn IP was the leading applicant, filing 5,525 trademark applications during the year. It would appear that a high proportion of these are speculative and are not taken further: Visionborn IP has filed over 12,000 trademark applications at the DPMA but currently only owns 85 registered trademarks in Germany.

Source: CompuMark SAEGIS®

Italy – Trademark applications

Italy has an unusual feature on their trademark register: when trademark registrations are renewed they receive a new official number. Removing renewals from the analysis reveals that the Italian registry (UIBM – Ufficio Italiano Brevetti e Marchi) has seen remarkably stable trademark filing volume in recent years at around 40,000 new applications each year. 2021 was the exception, with a record 48,742 new applications filed.

Source: CompuMark SAEGIS®

The Italian trademark register is dominated by domestic brands. In 2023, Italian applicants filed over 96% of all new trademark applications lodged at the UIBM. Among the leading filers were Ferrari, although they were behind the Italian National Lottery, the Franciacorta wine region consortium and Italian Post.

Source: CompuMark SAEGIS®

Spain – Trademark applications

Spain receives around 50,000 trademark applications a year and filing activity has been relatively stable in recent years. Unlike other registers, Spain did not see a major increase in 2021; however a significant fall in trademark filing volume took place in 2022. Filing volume recovered in 2023, increasing by 8%

Source: CompuMark SAEGIS®

Spanish representatives provide the attorney/individual name when a trademark application is filed at the Spanish trademark office (OEPM – Oficina Española de Patentes y Marcas), making it difficult to determine which law firm is the representative for a given application or how many applications are filed by major IP legal practices.

Source: CompuMark SAEGIS®

BENELUX – Trademark applications

Benelux is a trademark register covering three neighbouring countries. The Benelux Office of Intellectual Property (BOIP) provides trademark registration for Belgium, the Netherlands and Luxembourg and typically receives 20,000 applications each year.

Source: CompuMark SAEGIS®

The Benelux register receives applications predominantly from local brands – around 95% of applications are filed by applicants in the three member countries. Despite being the smallest of the five major national EU registers, the 2023 top filer list contains a number of well-known global brands: GSK, Merck Sharp & Dohme, Rigo Trading (Haribo), Unilever, Philips, Formula One, Karl Lagerfield.

Source: CompuMark SAEGIS®

Although a European Trademark (EUTM) provides a cost-effective way to register a trademark in 27 countries, for businesses operating in just a single European country a national trademark registration in their home country may offer better value. As a result, each national trademark office in the EU is still active and receiving trademark applications at a stable rate, mostly from domestic brand owners.

About SAEGIS®

SAEGIS® makes it easy to perform knock-out searches of proposed trademarks in jurisdictions worldwide—whether you want an automated search strategy or prefer to create your own. Contact us today to request a demo or speak to a trademark search specialist: https://clarivate.com/contact-us/sales-enquiries/

The post Top trademark applicants and representatives 2023 – Examining European trademark registers appeared first on Clarivate.

Yet, incorporating sustainability goals into existing strategies and operations can be challenging. This is particularly true when defining key performance indicators (KPIs) that must be both objective and useful for mapping progress against the UN SDGs. Insights derived from IP can help in a number of ways.

Patent mapping for SDGs

Innovation is a critical lever for sustainability. Patents can help organizations measure this innovation and provide a trackable KPI to map progress against UN SDGs. By mapping patenting activity, an organization can uncover novel and inventive technical areas where it is investing sustainability focused research and development (R&D) expenditure and can consistently document innovation priorities.

Through patent analytics, organizations can approach SDGs in three distinct ways:

• Innovation mapping to SDGs using their own portfolio
• Benchmarking of SDG mapping against industry peers to gain insights into competitor activity
• Sustainability reporting to help create an informed strategy for R&D and IP investments that align with SDGs.

How Clarivate can help

Understanding how to map patent activity back to SDGs can be an overwhelming task. At Clarivate, our Patent Analytics and Intelligence Consulting teams can help. Within a company’s patent portfolio, we can determine how patents align to the UN’s 17 SDGs. We can also determine what percent of their inventions were directly impacting the SDG versus inventions considered to be enabling technologies.

By further analyzing trends, we can help an organization see where recent innovation activity is focused. This allows the organization to assess whether it should refocus R&D efforts to other areas, to help it improve its progress towards achieving its sustainability goals.

During this process, each patent within the portfolio is assigned a Derwent Strength Index (DSI). The index is based on multiple factors, creating a holistic baseline that compares each idea with all other patented ideas.

We support clients by mapping SDGs to their patents portfolio and providing measurable and objective data such as:

• the current alignment to UN’s SDGs,
• opportunities of innovation’s development and growth
• and global benchmarking with competitors.

A recent case study in patent mapping for SDGs

Recently, we helped a global technology leader align SDGs to their patent portfolio. While most of their patent portfolio pertained to technical advancements that can indirectly support sustainability, the emphasis of this study was to assess how these patents related to the SDGs which directly affect climate change or reduce environmental impact.

Our  team used a data driven approach to interpret technologies, contribution, and correlation to sustainability. This allowed us to identify where the recent innovation activity had been concentrated – and predict the likely progress towards sustainability based upon the directionality and proportional change of inventions mapped to specific SDGs.

We analyzed the full patent portfolio stretching back 20 years. This included an analysis of portfolio strength, citation impact, and contribution towards sustainability impact.

Conclusion

Increasingly, we expect tech-focused companies to use ‘green’ patents as a demonstrative component of annual reporting and patent indexes as a device to reassure investors. As more corporate and country level policies are adopted; those who lead in mapping innovation to SDGs could secure greater funding, policy adherence and commercial advantage.

Contact Clarivate Center for IP and Innovation Research to learn how we can support you in evaluating your sustainability progress, mapping patents to SDGs and corporate or industry policies.

Want to learn more?

Read our recent publication: A Study of Energy in Transition. Within the report, we look at the relationship between global research and innovation in the roll out and development of sustainable energy sources.

Sustainability at Clarivate

Our corporate sustainability goals are aligned with the United Nations Sustainable Development Goals to help us stay focused on what matters most to our global community. We have identified meaningful, collective actions and ways to measure our progress continuously, to accelerate our impact and position us to do great things for years to come. For more information see our Sustainability Report.

The post Mapping the Global Sustainable Innovation Landscape appeared first on Clarivate.

Our research found that IP professionals are currently grappling with what AI could mean for them, their practice and their processes. They are keen to realize benefits but are largely skeptical about AI deployment with relatively low industry adoption.

As AI grows more pervasive and powerful, however, IP practitioners are at a critical juncture where investigating and evaluating AI is paramount. Key questions for the sector to ask include:

• What does AI mean for IP law and practice?
• Where is AI likely to have the most transformative impact for IP professionals?
• How do you make AI ‘fit for purpose’ when it comes to IP processes and decision-making?
• What does responsible and ethical AI look like?

To assist, Clarivate hosted a webinar, Is AI the dawn of a new era for IP practitioners. Our experts explored the implications of AI in IP and the importance of preparing to capitalize on this fast-developing technology.

Watch the on-webinar here: Is AI the dawn of a new era for IP practitioners?

Keep reading for insights shared by Clarivate experts, Arun Hill, Senior Consultant Intellectual Property, Peter Keyngnaert, Director, Data Science and Phil Arvanitis, Practice Director, Intellectual Property Consulting.

What do IP practitioners need to know about the AI basics?

First, AI is an umbrella term for a wide range of machine-led capabilities that perform and automate cognitive functions associated with humans. These include perception, learning, reason, pattern recognition, and interaction.

Secondly, it is possible to assess the current state of AI based on its level of sophistication. A distinction can be made between narrow, general and super-intelligence. Separately, there is automation which falls below the threshold of ‘intelligence’ in the technical sense.

AI promises to bring significant advantages to IP practices such as process efficiencies, accelerated outcomes, prediction and analysis. There is little doubt it will have significant impact on the industry.

Ultimately, the effective application of AI depends largely on how IP practitioners want to use it. Oren Etzioni, former CEO of Allen Institute for AI, and Professor of Computer Science, comments: “AI is a tool. The choice about how it gets deployed is ours.”

What does AI mean for IP law practice?

IP professionals are already looking into specific use cases where AI can have an impact on the patent and trademark lifecycle. The transformative power of AI can be used to enhance human activities with smart, fast or creative machine cognition.

For the practice of law, this could mean productivity gains, process automation and/or deeper analytical and predictive capabilities. For example:

• Trademark and licensing

AI could help with trademark availability and infringement monitoring, renewal prediction as well as generating enhanced alerts and reminders. In licensing, AI could assist with matching with licensees and agreement optimization.

• Prosecution and litigation

In prosecution, AI could enhance evidence gathering, and provide useful predictive analytics and contract analysis.

• Drafting and ideation

AI could be used for market trend, consumer, and existing IP data analysis. It could also be applied to automated patent drafting, with natural language processing (NLP) used to make improvements.

Watch the related webinar for more information: The Future of the IP Profession: Balancing the rise of AI with human expertise.

The state of AI in IP

To find out how IP practitioners felt about AI, if they were using it in their practices and where they saw its advantages, Clarivate surveyed 575 professionals across patents and trademarks. The global sample included attorneys, executives, R&D, and law firms.

One attorney who responded to the survey speaks for many IP practitioners in observing: “AI is not a goal in itself…the focus is, and should always be, what is my task and how can AI support me.”

• 43% said AI is not currently used in their practice
• 64% expect minimal change to their role due to AI
• 49% cited the lack of AI regulation as a concern

Based on the skepticism voiced by IP professionals, it’s fair to say that caution and diligence are certainly called for, especially when integrating emerging technologies in complex and highly regulated environments.

To read the full report visit : Redefining Artificial Intelligence: How IP practice meets the coming wave.

Ensuring AI is responsible and ethical

A cautious approach is needed to address issues arising from AI, including hallucinations and bias. In response, IP law practitioners, as well as professionals in other industries, are increasingly recognizing the need for AI to adhere to responsible and ethical values if it is to be trusted.

• Explainability and transparency

Key issues that matter most for IP include explainability: the need for machines to show us how they produced a decision, what sources they used, and how they classified them. Secondly, IP requires transparency and informed consent, so that it’s clear where AI is being used. It will also require continuous monitoring and validation.

• Fairness and bias mitigation

Finally, while AI may introduce bias depending on the data sources used, it can also help to identify and reduce bias that could impact IP-related decisions. Ethical principles and norms for human-machine interaction continue to be shaped by the evolving regulatory landscape including the European Union Artificial Intelligence Act.

Conclusion

Signals point toward a fundamental shift in both law and practice, which will usher in a new era for IP practitioners as they are given access to superior machine intelligence. Nevertheless, human oversight and expertise will continue to be essential to maintain the integrity of the IP system and the wider profession. The need for nuanced legal interpretation and strategic input in legal practice remains clear.

Learn how Clarivate can help you select the right AI-based solution for your intellectual property needs. Contact us today.

The post From skepticism to strategy: How AI is transforming the IP practice appeared first on Clarivate.

We explored these timely topics with a panel of experts, capturing their insights in a new white paper entitled “The future of the IP legal profession: Balancing the rise of artificial intelligence with human expertise.” You can access it here.

Listen to the full panel discussion using the on-demand webinar link here.

The experts represented both corporate and law firm perspectives—Monica Baig-Silva, Vice President, Intellectual Property Counsel for Thermo Fisher Scientific; and Theresa Weisenberger, Intellectual Property and Technology Partner at BakerHostetler LLP—as well as Clarivate thought leaders Vasheharan Kanesarajah, Vice President, Head of Strategy for Intellectual Property; and Arun Hill, Senior Intellectual Property Consultant.

Kanesarajah set the stage by highlighting the key drivers of change in today’s IP ecosystem, including:

• Increasing IP management complexity
• Industry-driven strategies impacting IP development
• Growing influence of Mainland China in IP matters
• Emergence of generative AI and its growing use in IP processes

These trends are impacting the IP legal profession in every dimension—people, process, data and technology.

The impact of AI

A recent Clarivate global survey of IP and R&D professionals revealed that 43% reported AI is not currently used in their practice, with 64% expecting minimal change to their role due to AI and 49% citing the lack of AI regulation as a concern. Survey responses suggested there is an appetite for using AI in low-risk, easily automated tasks and for intelligence-based use cases and ideation, rather than for supporting prosecution.

Attorneys Weisenberger and Baig-Silva saw little chance of AI replacing legal professionals. Rather, they foresee AI playing a support role, helping IP professionals work more efficiently and effectively. Both shared concerns over accuracy and confidentiality as potential barriers to AI adoption for IP legal processes. Entering sensitive information into tools like ChatGPT could present risks, requiring careful attention to policies governing use of AI tools.

Despite these concerns, the panelists noted that patent law may be a good field for introducing AI tools due to the fact that information in patent applications are public and the period of confidentiality is relatively short. However, they underscored the need for human experts to be embedded in the process of training and overseeing AI and large language models.

The post The future of the IP legal profession: new strategies, new technologies appeared first on Clarivate.

For 13 years, Clarivate has identified the organizations leading the world in technology research and innovation. As the pace of innovation continues to accelerate and competition intensifies, we introduce the Top 100 Global Innovators 2024. This year, ranked.

2024 report key findings

• Samsung Electronics ranks first in the Top 100 Global Innovators 2024.
• Japan maintains its position as the biggest contributor of Top 100 entities, with 38 innovators.
• Mainland China and South Korea continue to expand their representation in the list.
• Industrial segments have a larger footprint in this year’s Top 100 Global Innovators, including ‘Semiconductors’, ‘Software, media and fintech’ and ‘industrial systems’. ‘Electronics and computing equipment’ continue to be the largest industry category.

See more analysis from the 2024 report here.

The effect of difference  

Each year, Clarivate publishes the Top 100 Global Innovators. Within the report we pinpoint the organizations leading the innovation ecosystem. This year, we rank these top 100 organizations for the first time.

Amidst the changing contours of the R&D ecosystem and across diverse industries and geographies, innovation is not just increasing; it’s accelerating. Some organizations in the Top 100 Global Innovators 2024 show remarkable resilience, maintaining their coveted Top 100 status for another year.

• 18 organizations retain Top 100 Global status for the 13^th
• Three organizations re-enter the Top 100 list.
• 2 organizations are awarded Top 100 status for the first time.

Sustaining a competitive edge has become an increasingly challenging task. These innovators not only respond to change but actively redefine and propel change within their respective disciplines, industries and beyond.

“We are absolutely honored to be named for the seventh year running among the Clarivate Top 100 Global Innovators. A tangible form of innovation are patents. Their essence is about sharing.”

The Top 100 Global Innovators methodology- measuring the difference

The Top 100 Global Innovators program is grounded in a modern analytical architecture that has been refined over the last 60 years. We leverage the Derwent World Patents Index (DWPI), which acts as a repository of human invention and patented problem solving, curated by Clarivate expert editors. For each record we use dynamic thresholds of differentiation, updated daily.

The Top 100 Global Innovators methodology uses a complete comparative analysis of global inventions data to assess the strength of every patented idea.

Through analytical techniques, we distil 61 million inventions, 1.1 million innovators and organizations, 3,500 qualifying companies and institutions into 100 ranks. the Top 100 Global Innovators are above 99.99% of all other innovators globally. They exemplify excellence.

You can learn more about our full methodology here.

Leveraging performance benchmarking

This year’s report continues to advance the way we model innovation ecosystems to cultivate high-performance benchmarks and practical guidance.

Innovative businesses are part of an ecosystem. Their ideas impact others and they are affected by the inventions of others. It can be difficult to take risks when organizations do not understand how to measure and compare innovation. Our benchmarking introduces objectivity, and the ability to truly measure invention and the value of intellectual property, enabling businesses and institutions to innovate with understanding.

To understand more about how to leverage performance benchmarking behind Top 100, contact experts at the Clarivate Center for IP and Innovation Research today: clarivate.com/top-100-innovators/contact-us

Informing critical decisions in today’s complex landscape

Maintaining an edge is harder than ever. Securing and retaining a Top 100 Global Innovators spot requires continued innovation beyond the benchmark set by earlier recipients and beyond the baseline of inventive activity. Innovation intelligence capitalizes on powerful data models and techniques to improve IP decision-making. With these tools, innovators can quantify the impact of investing in research and innovation on the broader canvas of global ideation.

We commend and congratulate the Top 100 Global Innovators of 2024 for continuing to elevate the bar. They carefully balance risk and reward to usher in advancements that not only contribute to but define the essence of human ingenuity.

Learn about the full Top 100 list, our methodology, the 2024 analysis and more here.

The post Top 100 Global Innovators for 2024, revealed [Report] appeared first on Clarivate.

Establishing a strategic plan for 2024 requires IP leaders to place their bets on which of these trends will most likely impact patents and trademarks this year. To help, we asked senior leaders at Clarivate who have a broad perspective on the IP landscape to provide predictions for the IP legal industry in 2024 and beyond.

Question 1: What are your predictions for the IP legal space in 2024?

“The Chinese economy’s future hinges on innovation, prompting increased investment in R&D in strategic technology areas such as AI, wireless communication, and biopharmaceuticals. To bolster this effort, China is upgrading its IP legislations, infrastructure, and related processes to enhance IP protection and enforcement. This persistent trend will put pressure on foreign organizations to reassess their China strategy.”
Vashe Kanesarajah, VP, Corporate Strategy, IP

“Leveraging IP for corporate financing is causing a transformation in the financial and legal world. Companies using their IP assets as collateral are viewed as less risky investments and become more attractive to financial institutions that fund them, particularly in a complex economic climate.

“In 2024, we will see significant growth in IP-based financing, and the IP service providers and financial institutions supporting this practice will be expected to adapt to this trend. Accurate valuation of a company’s intellectual property assets is essential for securing IP-based financing. This reinforces the need for an effective valuation strategy, reliable IP data, and efficient processes to actively protect and accurately determine the value of an IP asset. This will be a game-changer.”
Annya Dushine, Senior Director, IP Consulting

“In terms of trademark activity, 2024 is likely to be in line with volumes that we have seen in 2023, with filing activity at most trademark registers growing moderately (3-5%) and renewal volume increasing by around 5%. China has been the only major trademark register to see a significant fall in filing volume over the past 12 months (down by around 10%) and this looks likely to continue in 2024. Anyone looking to set budgets for the next year should treat 2020-2022 as outliers and consider 2024 as closer to 2018 and 2019 than recent more unpredictable years.”
Robert Reading, Director, Corporate Strategy Content, IP

“Increasing datasets and new technologies will converge in new trademark solutions that connect brand lifecycle management steps more closely. Trademark practitioners can expect to see more integrations and toolsets that combine previously separate workflows.”
Francois Neuville, Senior Vice President, Product Management, IP

If you are also interested in a pulse check of AI in IP read the special report, Redefining AI: How IP practice meets the coming wave.

Question 2: What do you think will be the biggest area of focus for the IP legal profession in 2024?

“AI is endemic now in the world of IP. Its adoption isn’t a question of ‘if’ but ‘where and how’. I expect to see a surge in new AI-enhanced solutions for IP professionals as ideas are tested in 2024. Not all will survive, and it is important for legal professionals to focus on guiding this development to make it as helpful in the practice as possible. We are in an era of large-scale change-management, and this is one area to focus on.”
Francois Neuville, Senior Vice President, Product Management, IP

“Our customers (both corporate and law firm alike) are being challenged to ‘do more with less’. They are looking at methods for standardization and automation to reduce budget and increase efficiency allowing their stakeholders to focus on higher value tasks. Although not a new focus, this year will be a pivotal point for the IP industry amid the AI discussions while many are balancing market pressure with regulatory complexity.”
Reanna Myers, Vice President, Customer Success, IP

If you are interested in reading about doing ‘more with less’ read the blog post, IP Diagnostic consulting: The key to working smarter with less.

“Leveraging the advancements of technology while also maintaining the ultimate role and value of the legal professional.“
Irmina Stroud Senior Vice President, Global Sales, IP

“Last year, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between employees and employers. A final vote will take place in April 2024 and given the clear trend of restricting or banning employee non-compete agreements, employers will need to prioritize protection of their confidential and trade secret information. It will reinforce that adequately protecting trade secrets and intellectual property requires a strategic approach that aligns business goals with employment agreements, IP protection, internal policies, as well as the need to have a clear plan of attack should trade secret or IP infringement occur.

This will also influence the start-up culture, entrepreneurship, and exchange of information among innovators, thus stimulating new ideas and technologies. Reducing the adverse consequences of a ban on non-competes will require finding the right balance between stringent IP protection and cultivating an open innovation culture. As a result, there will be a greater need for partnerships, industry standards, clear IP protection strategies, and effective policies and procedures to protect corporations.”
Annya Dushine, Senior Director, IP Consulting

“AI related commercial activity will have an impact on trademark filing volume, with applications at the USPTO that include ‘artificial intelligence’ now accounting for around 2% of applications filed each month and growing. A significant proportion of trademark applications are ‘self-filed’ without the assistance of an attorney; online AI based tools can give self-filers false confidence that they have been given reliable advice, leaving IP offices to deal with ‘hallucinations’ and invented ‘facts’ that are presented by inexperienced applicants during the registration process.”
Robert Reading, Director, Corporate Strategy Content, IP

Question 3: Aside from AI, what other trends or advancements do you see impacting the IP space in 2024?

“One, risk tolerances are shifting which impacts the IP ecosystem. Two, the speed of technology advancements continues to increase, year-over-year. This will increase the sense of urgency to realize commercial value from IP assets.”
Irmina Stroud Senior Vice President, Global Sales, IP

“With most key trademark registers now part of WIPO’s Madrid International registration system, there will be a continued shift away from filing nationally to filing via the Madrid system. Attorneys need to consider changing their focus – instead of concentrating on gaining ‘filing’ customers the growth opportunities will increasingly come from being the local problem solver – dealing with refusals and third-party actions as they arise. Attorneys who manage to change the focus of their practice may find they are moving away from filing to higher revenue/margin work.”
Robert Reading, Director, Corporate Strategy Content, IP

“New jurisdictions, such as the UPC, will result in new jurisprudence, decisions and a shift in the way IP is protected internationally. For IP professionals within the UPC, adapting strategies and approaches based on new precedent is going to be a challenge.”
Francois Neuville, Senior Vice President, Product Management, IP

Conclusion

While we will have to wait and see what 2024 brings for the IP legal industry, one thing remains true: “The only constant is change”. Contact us today, to learn how Clarivate can help your IP team plan for 2024 and into the future.

The post What’s ahead? 2024 predictions for the IP legal industry appeared first on Clarivate.

From the possibility of a recession to the swift acceleration of artificial intelligence, the past year has been one of uncertainty for the global economy. As IP legal teams strategically navigated 2023, Clarivate created resources, backed by insights from industry experts to support.

To ensure you don’t miss out, we complied the Top Five IP resources from 2023 below.

Special Report: Redefining Artificial Intelligence – How IP practice meets the coming wave

The interplay between IP, AI and the wider legal industry is complex. To get a pulse-check of the perception of AI in the IP industry, Clarivate surveyed 575 IP and research and development (R&D) professionals from law firms and corporations worldwide.

What did we learn? Rapid advancements in artificial intelligence will undoubtedly influence intellectual property law and practice, forcing IP practitioners and their technology partners to reevaluate certain assumptions in how IP is created, protected and managed. Likely, change will not come as a revolution but through a series of incremental steps.

The special report with full survey results can be found here: Redefining Artificial Intelligence. How IP practice meets the coming wave

Special Report: Innovators to Watch 2023

A true assessment of innovation goes beyond measuring accomplishments; it charts exceptional potential. This report identifies the next cohort of top global innovators. Through additional analysis built on the ongoing Top 100 Global Innovators data, focused on the fastest-rising entities, we pinpoint those potential future recipients who are poised to make it to the very top.

Innovators to Watch recognizes 36 companies that are on the path to becoming a Top 100 Global Innovator. These organizations sit within the top 250 innovators yet have never made the Top 100 before. Now, we anticipate that these organizations are within reach of Top 100 status.

The special report and complete list of Innovators to Watch 2023 can be found here: Innovators to Watch 2023.

On-demand webinar: The future of the IP legal profession: Balancing the rise of AI with human expertise

In the next three to five years, the legal space will likely look and operate differently than what intellectual property professionals experience today. The global workforce is experiencing significant shifts to keep pace with changing workplace expectations, increased retirement eligibility and evolving customer needs. Simultaneously, the artificial intelligence (AI) sector is forecasted to grow exponentially, creating new jobs that are unimaginable today.

These factors will likely result in an unavoidable reshaping of the way law firms and in-house counsels currently work. What will this mean for the future of the IP legal profession? Hear from industry experts and the Clarivate team as they discuss how IP legal teams can successfully navigate the evolving IP ecosystem through upskilling, knowledge sharing, technology adoption and process optimization.

The on-demand webinar can be found here: The future of the IP legal profession: Balancing the rise of AI with human expertise.

Case Study: A new global IP team with a tailored strategy for success

Clarivate recently helped Versuni reshape their IP legal strategy after their business was spun out from a much larger parent organization. The legal team needed help redefining their team roles, processes, technology and data to align with a new commercial business strategy and a smaller setup.

With the help of the Clarivate IP Diagnostic consulting team, Versuni implemented a tailored IP legal strategy that optimized the team structure and increased automation of existing tools to deliver rapid efficiency gains. Now, Versuni’s IP team is positioned to work in a more agile way that is both faster and more flexible.

The full case study can be found here: A new global IP team with a tailored strategy for success.

White Paper: Investing in innovative IP legal strategies during challenging times

Budgets and staffing are tight, competitive pressures are on the rise, and clients and business leaders are demanding more for less—without compromising quality.

This creates a perfect storm for corporate and law firm intellectual property (IP) teams and an opportunity to rethink how IP teams operate. Is this the right time to make strategic investments in new ways of working?

In this white paper, three IP legal experts examine how IP law firms and in-house legal teams can drive successful outcomes by investing in transformation now—and avoid playing defense later.

The white paper can be found here: Investing in innovative IP legal strategies during challenging times.

Conclusion

The continual and constant change of 2023 is expected into 2024 and beyond. It will undoubtedly influence IP law and practice, reshaping the roles of people, process, data and technology in the way IP is created, protected and managed.

To see how Clarivate can help your IP team plan for the future, contact us today.

The post Looking back on 2023: Top five resources for IP legal teams appeared first on Clarivate.

According to the Gartner report, “By 2025, R&D organizations that use IP analytics to conduct continuous technology intelligence will be 80% more likely to outperform direct competitors in revenue growth.”

That is also why Clarivate offers an integrated IP research and management solution that combines Innography IP intelligence with our IPfolio IP management software to provide R&D teams with a powerful solution for analyzing and managing inventions throughout the innovation lifecycle.

Two products, one solution

With Innography, IP and R&D professionals are able to explore the world’s patent data to analyze white space opportunities, evaluate state of the art, and find collaborators and development partners. AI-powered semantic search allows users to conduct research using a description of an existing or proposed invention. Powerful analytics tools including text clustering, heat maps and landscape visualizations help users expand or refine their analysis to capture the right insights to inform critical decisions. Integrated access to Derwent World Patents Index (DWPI) accelerates review of patent documents with abstracts that clearly state an invention’s novelty, use and advantage.

IPfolio enables R&D teams to leverage the power of connected data and services for innovation management throughout the entire IP lifecycle. This powerful and flexible SaaS solution simplifies innovation management and maximizes operational efficiency with process automation and embedded tools for seamless collaboration with stakeholders across the IP value chain. Enriched Clarivate data and embedded analytics help users easily uncover actionable insights and create custom reports.

The power of integration

The full value of these solutions for R&D lies in their integration. Records in both solutions are connected by custom fields.

An IPfolio user can apply a custom field to patents that may present a freedom-to-operate risk for a new product or a patentability obstacle for a new invention. The R&D user can then find the records matching their project using the custom field and analyze and review the documents in Innography. Private matters, such as invention disclosures and unpublished applications, can be synced between IPfolio and Innography. This enables R&D users to search and analyze relevant private publications alongside published patent records.

With Innography’s AI-powered semantic search engine, R&D users can enter a simple description of their invention and retrieve relevant documents from both IPfolio and Innography. This is extremely useful for assessing whitespace around an invention, identifying internal and external collaborators, and spotting potentially duplicative internal inventions.

Start with an expert assessment

The Gartner report also offers some recommendations for evaluating IP research and management solutions for R&D teams, including this recommendation: “Assess your current processes to isolate workflow steps where bottlenecks frequently occur or are likely. Use the insight gained from this analysis to compile a list of the desired software solution capabilities.”

Clarivate can help. With our IP Diagnostic Consulting service, Clarivate IP experts evaluate the IP management processes, identifying opportunities for improving both efficiency and effectiveness. Our team focuses on best practices in four key areas: People, Process, Information and Technology. In our experience, implementing the recommended changes can yield significant improvements. Our IP Diagnostic Consulting is the first step toward creating a modern and efficient IP management function.

Looking to give your R&D team every advantage when researching and managing innovations? Contact us today to learn more about our integrated solution for R&D or to schedule your IP Diagnostic.

Gartner, Market Guide for Intellectual Property Management Software With R&D-Specific Use Cases, Svetlana Golden, Shradha Sapra, 22 August 2023

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Today’s global workforce is experiencing significant, swift and continuous shifts. Customer needs are evolving. Retirement eligibility is increasing. The growth of artificial intelligence (AI) is forecasted to cause even greater changes.

These shifts are impacting the way business is done within law firms and in-house corporate legal teams. To keep pace, IP legal teams are trying to understand the downstream impact on traditional lawyering and what is needed to successfully navigate the evolving IP ecosystem into the future.

To help, Clarivate recently released two resources that explore the current state of AI in IP and the importance of embracing change to prepare for what is on the horizon:

• Webinar: The future of the IP legal profession: Balancing the rise of AI with human expertise
• Report: Redefining Artificial Intelligence. How IP practice meets the coming wave.

Changing expectations will undoubtedly influence the current norms of IP law and practice, forcing the industry to reimagine the roles of people, process, data and technology in the way IP is created, protected and managed.

What is the current state of AI in IP?

According to Forbes, AI is projected to see an annual growth rate of 37.3% from 2023 to 2030 and the AI market size is estimated to reach $407 billion by 2027.

What does that mean for the IP legal industry? The interplay between IP, AI and the wider legal industry is complex. To get a pulse-check of the perception of AI in the IP industry, Clarivate surveyed 575 IP and research and development (R&D) professionals from law firms and corporations worldwide between July 17 and August 1, 2023.

One attorney pointedly said, “Practitioners and clients need to lead the change instead of being pulled along by startups and new tech.” Clarivate found respondents were skeptical about AI deployment but keen to realize benefits. 67% of respondents were most excited about adopting AI for automating manual tasks. While 74% expressed reservations about AI, with accuracy being the top concern.

The full survey results can be found in the report: Redefining Artificial Intelligence. How IP practice meets the coming wave.

Harnessing AI technology & innovation

Advancements in AI are providing legal teams with new ways of harnessing technology to offset resource constraints. AI can help staff scale to meet growing workloads, automate routine tasks and free up time for higher value work.

• Digitalization

There is a shift toward more consolidated technology stacks to improve scalability, flexibility, and cost-effectiveness. Cloud-based solutions, such as IPFolio from Clarivate, enable IP operation management from a flexible, centralized hub.

• AI and automation

At the same time, IP professionals show growing adoption of next-generation technologies to automate repetitive tasks and focus on higher-value strategic matters. Gartner predicts that by 2024, legal departments would have automated 50% of their legal work relating to major commercial transactions.

 Read the related blog: Unlocking New Applications of AI: What IP Practitioners Need to Know Before Selecting an AI-based Solution

Preparing your people for the Great Retirement

Alongside the rise of AI, another significant event is expected to impact the legal industry. There is great anticipation around the potential effects of the sizable “Baby Boomer” generation leaving the workforce, also known as “The Great Retirement”:

• 76 million United States Baby Boomers are expected to retire by 2030
• 245 million Chinese fall into the Baby Boomer generation
• 21.3% of the EU population are Baby Boomers

As a result, prioritization is needed for knowledge transfer, supporting non-traditional and diverse candidates, and focusing resources on training, upskilling, and outsourcing. Legal teams can prepare their people though:

• Upskilling and reskilling programs

As legal functions evolve from conducting standardized legal work to digitally enhanced and impactful service delivery model, upskilling and addressing potential skill gaps is critical.

• Diversity, equity and inclusion

Organizations are shifting towards a more diverse talent base as well as implementing initiatives to foster the development of leadership skills for women in IP.

• Expanding talent pipelines by recruiting nontraditional candidates

Companies now seek candidates from nontraditional backgrounds for their valuable perspectives and experiences. Gartner also predicts that by 2024, legal departments will replace 20% of generalist lawyers with nonlawyer staff.

Leaning into data

Organizations are increasingly recognizing the value of data associated with their intangible assets. However, when using data, analytics and intelligence for efficient and informed decision making it’s important to remember not all data is worth fighting over. When it comes to AI, it can only ever be as good as the input data.

• Data driven decision making

IP portfolios are growing in volume and in strategic value. Analysis of large volumes of data can help predict what is likely to happen and promote effective decision making. While AI solutions can quickly extract deeper insights from large volumes of data, the reliability and validity of these insights depend on the types of data used.

• Data privacy and cyber security concerns

With more remote work and online deliverables, there is a higher threat to virtually held data and increased scrutiny on where said data is stored. Many organizations and their legal counsel are challenged as legal professionals deal with sensitive information, privacy and data security risks. In addition, new applications of AI could expose organizations, law firms and governments to new vulnerabilities, and these should be top of mind as IP practitioners balance the opportunities and risks.

Conclusion

As change continues to come at a faster pace, setting IP teams up for success is key to surviving the constant shifts. Responsibly leveraging AI and proactively preparing teams for change can help law firms and corporate teams stay ahead of these shifts.

Interested in learning more? Watch the on-demand webinar: The future of the IP legal profession: Balancing the rise of AI with human expertise

To see how Clarivate can help your IP team become faster, people focused, and more flexible, contact us today.

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Recent legal decisions are heightening the need for, and in some ways, changing the focus of patent research when preparing for litigation. As the litigation landscape evolves, so too must your approach to patent research. To meet this evolving challenge, we explore the crucial elements that should be a part of your patent research when preparing your defense.

Evaluate all possible sources to build a stronger prior art search strategy

To put you in the best possible position to invalidate the claims being asserted, the value of comprehensive, “scour the earth” invalidity searches cannot be understated. But how can a patent litigator know their invalidity searches are exhausting all possible sources?

A comprehensive invalidity search should include, at a minimum, an electronic based patent and non-patent literature (NPL) global search as well as a citation and class/subclass search.

The invalidity search scope should specifically be tailored to the asserted claim limitations to ensure that the most relevant prior art is being cited, and to reduce noise.

Prior art not published in English, and obscure non-traditional publications such as manuals, YouTube videos, or conference proceedings, also qualify as relevant prior art for invalidity purposes. So, to ensure thoroughness you may also want to consider a non-English native language search as well as a physical library or patent office searches.

For many jurisdictions, historical full text patent documents are only available in the local language and not accessible electronically. Searches of NPL databases can be beneficial in helping you determine where to focus your physical search efforts.

Find out how the Clarivate team of patent search experts helped a pharmaceutical company make an informed decision with an on-the-ground search of physical documents

Create a more strategic approach through an in-depth prosecution history analysis  

Prosecution history analysis is also a very important step when crafting the best defensive position. One compelling reason to analyze the asserted patent’s prosecution history is to uncover the patent examiner’s search strategy during prosecution. The examiner’s search history provides a wealth of knowledge of “where they have” and “where they have not” searched already. Knowing this information is powerful and will allow you to create the most effective invalidity search strategy—increasing your chances of finding “invalidating” prior art that had never been found, or considered, by the examiner.

Understanding the asserted patents legal status, the patent family structure, rejections/objections raised during prosecution, and other attempts to invalidate any claim limitations will help also guide your defensive strategy. Actions taken by the applicant during prosecution, could potentially render the asserted patent unenforceable. Furthermore, and in view of the recent Cellect Opinion, it is possible that an asserted patent could be deemed expired without the timely filing of a terminal disclaimer.

See how the IP team at Pure Storage uses Innography® to strengthen their defensive IP strategies

Evaluate litigation trends in different courts and jurisdictions

Whether to file a motion to transfer venue, and when to do so, can seriously disrupt the plaintiff’s overall litigation strategy. The disruption can create leverage for settlement discussions and/or can negatively impact the plaintiff’s ability to successfully try their case. In any event, it would be advantageous for the defense to move quickly when challenging venue.

Conducting proper due diligence and being aware of venues that historically favor plaintiff’s vs defendant’s (outcomes and verdicts), the number of cases filed, timeliness, and costs should all be considered.  It’s also important to note how the US Supreme Court Case- TC Heartland vs Kraft Foods (2017) limits a plaintiff’s ability to file suit in venues historically favorable to plaintiff’s.

Discover how Darts-ip can help you analyze litigation outcomes from over 3,371 patent courts

Monitor similar cases to capture new insights that could improve your odds 

The organization asserting their IP may be actively involved in litigation with other parties in other jurisdictions. By researching IP litigation case data, you can find these potentially relevant cases, and actively monitor them for new filings, decisions and outcomes. Automated alerting allows you to continuously monitor these cases and receive an alert anytime there is new case activity. These alerts can provide highly valuable insights (and potentially new references) to help you evolve your defense strategy.

These are just a few examples of how comprehensive patent research can have a meaningful impact on your defensive strategy and put you in the best position to succeed in a patent infringement case.

To learn more about how expert patent research can improve your odds, contact our team of experts.

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