Potential threats

The cost of litigation is the main threat identified by those at IP-owning companies – 33% of whom said it is the most important challenge facing their IP portfolio. Another 15% of respondents described it as the second greatest threat facing their organisation’s portfolio and a further 12% stated that it is the third most important.

An even larger proportion of law firm respondents see the cost of litigation as a threat. Indeed, 63% identified it as the first, second or third biggest challenge facing their clients’ portfolios, of which 33% claim that it is the greatest threat. A lack of resources and uncertainty regarding patentability are also major threats to clients’ IP portfolios, according to private practice respondents.

Theft or appropriation of intellectual property in foreign jurisdictions is also a key concern among our in-house respondents. Overall, 12% said that it is the greatest threat facing their portfolio, with another 25% identifying it as either the second or third biggest threat.

Table 16. Please rank the top three biggest threats to your company’s IP portfolio today (IP-owning company)

 

First most important

Second most important

Third most important

Cost of litigation

33%

15%

12%

Lack of resources

8%

12%

15%

Backlog at major patent offices

0%

0%

4%

The quality of patents being granted

8%

19%

4%

Anti-patent sentiment in parts of the world

6%

8%

9%

Uncertainty surrounding patentability

7%

10%

12%

NPEs

5%

2%

4%

Lack of interest from the boardroom

6%

5%

10%

Decrease in patent values

7%

8%

8%

Decisions handed down by the US Supreme Court

4%

5%

8%

Theft and/or appropriation of your intellectual property in foreign jurisdictions

12%

13%

12%

Greater hostility to SEPs

2%

1%

3%

Other

1%

1%

1%

Table 17. Please rank the top three business issues facing your practice today (private practice)

 

First most important

Second most important

Third most important

Finding new clients

39%

13%

9%

Retaining existing clients

4%

16%

10%

Managing costs

7%

15%

18%

Retaining talent

9%

12%

13%

Clear communication with clients

3%

3%

1%

Attracting top quality attorneys

13%

17%

7%

Understanding the changing IP environment

6%

6%

11%

Offering more specialised, industry-tailored solutions

10%

8%

13%

Clients' changing billing requirements

7%

10%

15%

Other

4%

1%

3%

Figure 47. If you work for an operating company, have you seen a decline in the number of NPE assertions that you are experiencing? (IP-owning company)

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