Looking Forward: IP Predictions for 2015 Part 2
Last week I shared Part 1 of my 2015 predictions for the IP landscape, highlighting the increased use of intelligence throughout IP lifecycle, executive accountability and an increased alignment between R&D and IP. This week will focus on the remaining game-changers, namely legislation and the patent marketplace.
Legislation for NPEs will Morph into a Subset of the Issues
Last year was a tumultuous period for NPEs due to legislation, Supreme Court decisions, and other industry events. The PTAB challenges have increased, and the invalidation rate for claims continues to be high (although I believe this will reverse/adjust in 2015). A recent report highlighted that the number of NPE cases decreased in the second half of 2014 compared to the first half of the year. So where does that leave the proposed NPE legislation? Given the change in Congress and the dramatic downturn in NPE cases (and shift more toward larger companies), I believe the legislation proposed will be dramatically modified (if not tabled altogether). The amount of NPE/Patent Troll press has also dramatically decreased, and with the absencence of public visibility, Congress will have to identify a unifying position to pass legislation. However, as a result, I believe licensing models will evolve to a more publicly beneficial position (see next prediction).
Emergence of a Viable Patent Licensing Marketplace
Patent Properties, led by Jay Walker, has been testing their platform to enable companies to get access to low-price licenses to patents, conversely providing an easy channel for companies to license their patents. It is a very unique platform and idea, and I believe its success will foster more transactions and valuation.
This is an exciting year for Intellectual Property, especially on the patent-front. I look forward to working with our customers and thought leaders to make us all more intelligent in 2015. We’d love to hear your thoughts and predictions in the comments.