Patent Assertion

A patent gives its owner the right to stop other people from using the patented technology for a specific period of time (about 20 years).
When someone else uses your patented technology without permission, they may be infringing your patent rights and this may give you the right to stop them, or come to an agreement which gives them permission for their historic (and usually future) use. The process of stopping someone using your patented technology is called patent assertion.

Iperative is a specialist in the creation and implementation of practical and customised patent assertion strategies, aimed at extracting the maximum value from your portfolio efficiently and effectively through a combination of licensing and litigation, while aiming to minimise your exposure to risk, cost and internal management distraction.
If you believe your patents are being infringed, we will analyse your claim, at no cost to you and with no obligation to continue, to determine if it is viable . A viable patent infringement claim is one where:
  • the patent is valid;
  • there is a reasonable basis to believe there is an infringement, and it will be possible to prove infringement; and
  • there are sufficient potential damages to cover the cost of assessing the portfolio, and licensing and/or litigating the patent.
If we determine that you have a viable patent assertion position, we will offer to create, implement and finance a global patent enforcement campaign on your behalf. Our fees are structure to suit the client and the project, and may comprise an upfront or ongoing service fee, and/or a share of the total compensation – royalties, awards, settlements and other revenue – resulting from the project. Over the past decade, the Iperative team has developed an efficient and proven staged process for engaging with clients and patent portfolios.
  • Stage 1

    The parties share high-level information about the patents and potential infringers under a Non Disclosure Agreement, and together assess the nature of the opportunity and the most suitable strategy and engagement structure.
  • Stage 2

    The parties negotiate and enter into an engagement agreement to enable an in-depth investigation of the opportunity. The engagement structure is chosen to suit the needs of the project.
  • Stage 3

    Upon successful completion of Stage 2, Iperative accepts the engagement, implements the monetization strategy, and shares the returns with the client.
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