In an increasingly innovation-driven economy, the protection of intellectual property is of strategic importance. However, complex patent application procedures pose major challenges for many companies. Professional support from experts has become the decisive success factor. We examine how strategic support for patent applications not only increases the probability of success but also maximizes the long-term value of the intellectual property portfolio.
Securing innovations through patents has become a central competitive factor in the modern knowledge economy. While the basic idea of a patent – the time-limited protection of technical inventions in exchange for their disclosure – appears simple, the path to successful patent grant proves to be a complex process with numerous pitfalls in practice. Current studies show that a significant proportion of all patent applications without professional support fail or are granted with significantly limited scope of protection – with far-reaching consequences for the economic value of the protected innovation.
Against this background, professional support in patent procedures has evolved from an optional service to an integral component of successful innovation strategies. Patent experts no longer function merely as formal process companions but as strategic partners who actively shape the entire innovation cycle from invention identification to enforcement of granted intellectual property rights. The added value of this collaboration goes far beyond merely overcoming bureaucratic hurdles – it maximizes the long-term value of the entire patent portfolio and creates sustainable competitive advantages.
1. Early Invention Assessment as Foundation of Successful Patent Strategies
The success of a patent application is largely determined in the early phases of the innovation process. Experienced patent experts therefore start with the initial invention assessment, long before formal applications are filed. Through structured technology analyses and systematic evaluation of innovation content, patentable aspects are identified and distinguished from non-protectable elements. Particularly valuable is the ability to combine technical understanding with sound knowledge of current jurisprudence to precisely assess patentability.
Borderline cases at the interface to non-patentable areas such as abstract algorithms or business methods present a special challenge. Here, strategic formulations and skillful emphasis on technical effects can make the difference between rejection and successful patent grant. A practical example: A software company was able to successfully patent its AI-based image recognition technology by focusing on technical implementation details and measurable efficiency improvements, even though the underlying algorithm would not have been protectable on its own.
2. The Art of Claim Formulation: Balance Between Scope of Protection and Eligibility
The formulation of patent claims represents the heart of every application and requires a high degree of precision and strategic skill. Claims that are too narrowly defined offer higher chances of grant but significantly limit the economic value of the patent. Claims that are too broadly defined, on the other hand, lead with high probability to rejections or lengthy opposition proceedings. Finding the optimal balance requires both deep technical understanding and comprehensive knowledge of the examination practice of various patent offices.
Modern support concepts rely on multi-level claim strategies with graduated scopes of protection that enable flexible reactions in the examination procedure. Independent main claims are supplemented by skillfully formulated dependent claims that serve as fallback positions in case of critical examiner decisions. A well-thought-out claim hierarchy also offers protection against later workaround solutions by competitors. Notable is also the use of data-driven analysis tools that evaluate historical decision patterns of patent offices and can predict the success probability of different formulation alternatives.
3. Adaptive Procedure Management: Flexible Response to Examiner Actions
The path to granted patent rarely resembles a straight line – rather, it is an iterative dialogue with patent examiners that requires strategic skill and flexible adaptability. Professional support is characterized by forward-looking planning and quick responsiveness. Critical examiner actions are not understood as setbacks but as opportunities for targeted readjustment of the application strategy.
Particularly valuable is the experience in dealing with different patent offices and their specific examination practices. What is successful at the European Patent Office can meet resistance at the US or Chinese Patent Office – and vice versa. International application strategies must consider these differences and include regional peculiarities in their planning. A multinational technology corporation was able to significantly increase its grant rate and considerably shorten the average procedure duration through this adaptive approach – a significant competitive advantage in fast-moving technology markets.
The Strategic Dimension: Patents as Corporate Resource
The truly value-creating patent support does not end with the formal grant of the intellectual property right. Rather, it views patents as strategic corporate resources that must be actively managed and continuously optimized. This includes systematic monitoring of competitive activities, targeted expansion of the intellectual property portfolio through continuation applications, and integration of patent strategy into overarching business objectives.
The monetization of patent portfolios through licensing, sale, or as negotiation instruments in cooperation agreements is becoming increasingly important. Experienced patent experts support companies in realizing the full economic value of their intellectual property rights – whether through direct income from licensing fees, strategic partnerships, or as defensive instruments against competitors. Studies prove that strategically managed patent portfolios achieve significantly higher returns than passive intellectual property collections.
In the age of global innovation competition and increasingly complex technologies, professional patent support has evolved from a specialized legal service to a strategic success factor. Companies that integrate this aspect into their innovation strategy and understand it as a long-term investment secure sustainable competitive advantages in a knowledge-based economy. The real art lies not only in successfully overcoming formal hurdles but in strategically aligning the entire patent portfolio with long-term corporate goals – a task that equally requires sound technical understanding, legal expertise, and business strategic foresight.
A contribution by Volodymyr Krasnykh
CEO and President of the Strategy and Management Committee of the ACCELARI Group
Tags: Patent Procedures, Patent Rights, Dispute Procedures, Intellectual Property, AI Knowledge Database, IP Monitoring
