Practical perspectives on IP strategy, licensing, and patent enforcement by Kai-Erik Elers. Browse the summaries by topic and follow the links to read the original posts on LinkedIn.
Constructive Engagement Before Patent Litigation
A well-prepared infringement notice can open a dialogue before litigation begins. This post explores clear allegations, claim charts, legal representation, and why constructive engagement can sometimes turn a potential dispute into a licensing discussion.
Investigating Process Patent Infringement
Manufacturing processes can be difficult to investigate when the end product reveals little about how it was made. This post explores evidence challenges and U.S. mechanisms discussed in relation to enforcing process patents.
Global IP Trends in WIPO’s 2024 Report
WIPO’s 2024 indicators provide a snapshot of global intellectual property activity. This post highlights patent filing patterns, Finland’s performance, international applications, and women’s participation in invention, drawing on the report’s historical data.
Carrot and Stick Licensing
Commercial collaboration and credible patent enforcement can reinforce each other. This post explores carrot and stick licensing, the expectations of paying licensees, and why a patent owner’s willingness to defend rights affects licensing value.
Patent Infringement Liability for Licensors
Licensors may face unexpected infringement-related risks when licensed technology enters another market. This post discusses a China-focused scenario and considers warranty limitations, jurisdiction-specific rules, and the role of local expertise in assessing exposure.
Product Liability Risks in IP Licensing
An IP license can raise liability questions beyond the contract itself. Using China as its focus, this post explores how mandatory legislation may affect licensors and why market-specific risk assessment deserves attention during negotiations.
When a License Needs Renegotiation
A start-up’s business plan can change quickly, leaving its original license misaligned with reality. This post explores payment terms, licensed products, fields of use, and ways to anticipate alternative scenarios during initial negotiations.
Trade Secrets and Prior User Rights
A confidential manufacturing process may later overlap with a competitor’s patent. This post explores a U.S. prior-user-rights scenario and why licensing trade secrets raises different questions from transferring or relying on those rights.
Freedom to Operate Before Commercialization
Third-party patents can restrict commercialization regardless of how research was funded. This post explores the role of freedom-to-operate analysis in identifying barriers before substantial investment and supporting more informed research and financing decisions.
Changing Finland’s IP Culture
An interview with Kolster examines how Finnish industry uses intellectual property as a business asset. This post introduces the discussion and frames shortcomings in IP strategy and licensing as opportunities for business growth.
Why Research Institutes Hesitate Over Exclusivity
Exclusive licensing can conflict with a research institute’s wider commercialization mission. This post explores access to future research, public funding concerns, and the strategic reasons an institute may prefer to grant non-exclusive rights.
Making Licensing a Positive Experience
Licensing can feel like an opportunity when it supports a clear business objective. This post explores cultural differences, the mix of skills required, and the value of professional support in building constructive licensing relationships.