Legal Risk Assessment

In most industries today, innovation is incremental and implies building on top of and using existing technologies owned by a potentially large number of players. Any smartphone today contains more than 10,000 patents. Innovating therefore requires that your intellectual property assets be compared with other players’. Anticipating the probability of facing oppositions, re-examinations or litigations also puts your company in a better position to make the right decision ahead of time, prevent such scenario from happening, and to be geared to fight in case you have to.

Our Legal Risk Assessment leads you through a well defined process to fully understand your environment, players, technologies, opportunities and threats ; you can compare your patent portfolio with that of other players’ and weight each other’s strengths and weaknesses to better anticipate and evaluate the legal risks involved with a decision to move forward. Orbit’s Legal Risk Assessment provides you with a large set of reliable metrics largely validated by OECD in 2013, supporting, strengthening and accelerating your decision making process.
The final decision is yours, Orbit Legal Risk Assessment upholds it.

1. Define the targeted IP environment:

The Orbit search engine, specifically engineered and designed for patent searching, provides a very broad set of powerful features. Sitting on cutting edge proprietary technologies, it benefits from 40 years of consistent, steep evolutions heavily used used and trusted by leading patent Offices and leading industry players. The combination of Boolean, proximity and truncation operators, award winning similarity search algorithms, state of the art semantic search capability with the most comprehensive patent family database in the industry make it a must have for both expert and more occasional searchers.

Last but not least, scanning the pre-sorted most relevant patents is more efficient than ever thanks to the Computer Assisted Reading tools. Among the most frequently used Computer Assisted Reading features, the KWIC (Key Words In Context), Key Content (Object, Advantages & Drawbacks, Independent Claims), Normalized Key Technical Concepts, high resolution image clusters in mosaic, Dynamic highlighting navigation, Normalized Legal Status timeline, Interactive Family Graph, Keyboard Navigation Shortcuts and many more will contribute to increase your productivity to unmatched levels.

2. Segment the industry by players’ type:

Segmenting industry by player typology is an important step of the process, as such information provides an indication as to how aggressive or friendly such players would be, and how risky facing an opposition, a re-examination or a litigation from them would be.
The Orbit Legal Risk Assessment module offers a segmentation of the industry by players’ typology ; it also provides everything to edit such segmentation and complete it as needed.

3. Get a quick overview and assessment the environment:

Orbit’s Legal Risk Assessment provides a dashboard displaying patent metrics which can be used to help determine the IP risk levels in this industry, such as: The Legal action history metrics show how actively other players have been enforcing or opposing IP rights. The more active, the more risky the industry is, and the more careful and the more prepared your company has to be.
The Player makeup helps identify what percentage of the existing inventions is owned by companies that are likely to be friendly. For example, smaller players and academics usually tend to be less aggressive than major, dominant players.
The Investment metrics helps identify how the level of financial interest in this area has varied over time.

4. Spot and evaluate key active companies in the industry:

Orbit provides you with an overview table of key entities and their legal behaviour and influence on the industry.
The table sorts players by risk score, calculated based on the investment and impact metrics of each player as well as its type.
Players are tagged by main types: Academics, Small players, Patent aggregators. Since you have full control over the tool, you can also tag your own company, Competitors, Customers, and Suppliers, as you wish, and if this segmentation makes sense.
Investment metrics help identify companies which have made significant investments in this industry. Such metrics include the count of inventions, the count of acquired inventions, the invention velocity and whether a company is acting as a predator (shark) with dense citing habits.
The Impact metrics help identify which company’s patents have a significant impact in this industry. Such metrics contain the count of litigated and opposed patents, as well as the count of forward citations.

5. Self assessment:

This chart is designed to help you understand the strength of your portfolio within the studied industry in comparison with the other players…
When your patent portfolio, represented by the blue line, exceeds the yellow shaded area, this indicates that your portfolio scores particularly well for this measure. These features of your portfolio could well be useful for helping to mitigate future IP risks.
The following metrics are calculated and used:
Invention count, invention application velocity, patent fences, US litigates inventions, opposed inventions, forward citations, uncited prior art, co-pending prior art, high backward citations, and radicalness index.

6. Decide

All of the above metrics and benchmarks are provided to support your decision making process. Understanding who the players are, their nature and IP behaviour in the industry, and evaluating how strong your portfolio is should help you measure the potential risks, be better prepared to face them and overall make faster and wiser decisions.