Patent Achieved: Now The Real Work Begins - Commercialization

If I had a dollar for every client I've had to talk off a cliff because they thought once they had a relevant and valuable patent, companies would be falling over themselves to license it.  The reality actually is, even if a patent holder does successfully endure months of submitting detailed IP to a potential customer, they can get ghosted only to discover their discovery is being used by that company in a matter of weeks.

Protecting Patents

Every patent holder, particularly those in tech, believes one day their patents will become an asset and its inclusion in the evolution of technology will grow the patent's value.  But where are the resources for patent holders, many of whom may have already spent $35,000 just to apply and be granted their patent from the U.S. Patent Office, when big tech steals their ideas?

Sadly, patent litigation showed an upward trend in the first half of 2024 with the Eastern District of Texas remaining the top venue for patent cases and the Western District of Texas being the second. Both NPE and non-NPE litigation show significant increases in the first half of 2024 compared to the second half of 2023, with NPE filings growing by 14.06% and non-NPE filings by 13.44%. High-tech sectors dominate patent litigation, accounting for 56.2% of district court filings and 65.2% of PTAB challenges.

“At the end of the day, all of these inventors' works become gifts to the public and the world, because they become public property after 21 short years,” says Jeff Reed, Inventor with Traxcell Technologies LLC and owner of 14 patents.  “This 21 years includes the time that the Patent Application is being applied for and approved by the U.S. Patent Office.  This can take years and cost thousands.  The inventor then has to try and ‘turn a profit' in a few short years, if they are lucky enough to even have their patent granted… The value of the patent infringement against my personal property can be hundreds of millions.  And there are few lawyers that will take on a patent infringement case due to the many types of risk that the law firm will take fighting against major corporations who have unlimited money and time.”

Patent Holders Deserve More 

 We believe at Ramey LLP that our clients' rights are paramount.  Patent holders should be protected from infringement at all times, not just when they have the resources to fight teams of big tech lawyers. If big corporations didn't make a habit of trying to get away with stealing the work of inventors, lawyers like me wouldn't have a job.  Ramey LLP is approached by one or two patent holders a day for help in infringement cases; we represented over 300 clients with complaints just last year. The big corporations like Google, Microsoft, Blackberry and Volkswagen attack contingency lawyers like me and my firm in an effort to silence us. 

It is imperative more attorneys adopt a similar business model as mine so these inventors have a fighting chance.  Without firms like Ramey LLP, almost all patent litigants would be denied access to the Courts; we need more firms like mine, more people fighting this fight.

“Many engineers and PhDs have traveled to America to practice the art of invention, some artists use watercolors or oil on a canvas.  Other artists cut stone to carve sculptures or sing and dance.  For inventors we use technology as our art,” says Reed.  “To me, the best medium or art to express myself and be creative is invention.  As I like to say, a statue is nice but it can't save lives around the world.  A picture is pretty to see, but it can't save lives for you and me.”