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 important | Second most important | Third most important | |
|---|---|---|---|
| Cost of litigation | 20% | 13% | 13% |
| Lack of resources | 20% | 13% | 12% |
| Backlog at major patent offices | 2% | 5% | 4% |
| The quality of patents being granted | 7% | 10% | 14% |
| Anti-patent sentiment in parts of the world | 6% | 12% | 10% |
| Uncertainty surrounding patentability | 13% | 8% | 12% |
| NPEs | 10% | 4% | 3% |
| Lack of interest from the boardroom | 8% | 7% | 4% |
| Decrease in patent values | 2% | 8% | 4% |
| Decisions handed down by US Supreme Court | 3% | 8% | 8% |
| Theft and/or appropriation of your IP in foreign jurisdictions | 4% | 10% | 13% |
| Greater hostility to SEPs | 4% | 2% | 2% |
| Other | 1% | 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 important | Second most important | Third most important | |
|---|---|---|---|
| Cost of litigation | 28% | 15% | 11% |
| Lack of resources | 21% | 20% | 12% |
| Backlog at major patent offices | 5% | 12% | 7% |
| Anti-patent sentiment in parts of the world | 11% | 13% | 7% |
| Uncertainty surrounding patentability | 13% | 18% | 21% |
| NPEs | 4% | 3% | 6% |
| Lack of interest from the boardroom | 9% | 11% | 16% |
| Decrease in patent values | 3% | 5% | 10% |
| Decisions handed down by the US Supreme Court | 3% | 3% | 6% |
| Other | 3% | 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)
