Threats

For corporate professionals, the greatest perceived threats to their companies’ portfolios relate to costs: 46% considered the cost of litigation either the first, second or third most pressing threat – more than for any other choice – including 20% who thought it the greatest danger. Lack of resources came a close second, with 45% of respondents ranking it in the top three threats. The quality of patents granted, anti-patent sentiment and uncertainty surrounding patentability are also significant causes for concern.

Private practitioners had a similar view of the main threats to their clients’ portfolios. The cost of litigation and a lack of resources were identified as one of the three most important threats by 54% and 53% of respondents, respectively; 52% also said that uncertainty surrounding patentability was a major danger.

Table 15. Please rank the top three biggest threats to your company’s IP portfolio today (with 1 being the biggest threat) (IP owners)

 First most importantSecond most importantThird most important
Cost of litigation20%13%13%
Lack of resources20%13%12%
Backlog at major patent offices2%5%4%
The quality of patents being granted7%10%14%
Anti-patent sentiment in parts of the world6%12%10%
Uncertainty surrounding patentability13%8%12%
NPEs10%4%3%
Lack of interest from the boardroom8%7%4%
Decrease in patent values2%8%4%
Decisions handed down by US Supreme Court3%8%8%
Theft and/or appropriation of your IP in foreign jurisdictions4%10%13%
Greater hostility to SEPs4%2%2%
Other1%0%1%

Table 16. Please rank the top three biggest threats to your clients’ IP portfolios today (with 1 being the biggest threat) (private practice)

 First most importantSecond most importantThird most important
Cost of litigation28%15%11%
Lack of resources21%20%12%
Backlog at major patent offices5%12%7%
Anti-patent sentiment in parts of the world11%13%7%
Uncertainty surrounding patentability13%18%21%
NPEs4%3%6%
Lack of interest from the boardroom9%11%16%
Decrease in patent values3%5%10%
Decisions handed down by the US Supreme Court3%3%6%
Other3%0%4%

Figure 40. If you work for an operating company, have you seen a decline in the number of NPE assertions against your company? (IP owners)

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