If Shakespeare’s Hamlet had been an intellectual property attorney, he might have asked: “To patent or not to patent new inventions in the currently changing business and legal climate?”

That’s a question posed by Monte Falcoff, an IP attorney and a principal in Harness IP in Troy, and an adjunct professor at Michigan State University College of Law.

One huge issue is the very real upfront cost, with continuing costs during Patent Office prosecution and maintenance, for each patent filed, but with an uncertain return on the investment. “Patent portfolio management must be very strategic or it’s often a waste of money,” Falcoff says.

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