Find the commercial core
Identify the problem customers need solved and the technical features that create an advantage. Ask what a competitor would have to reproduce, replace or work around.
Our approach
What would make this patent valuable to a customer, licensee, partner or acquirer? That question belongs at the beginning of the application.
Jurgen’s perspective
Protection is one part of a patent’s purpose. Jurgen’s approach puts its potential business value front and foremost: what it covers, who might need access to it and how it could support a product, a licensing opportunity or a future transaction.
This changes the starting conversation. Before deciding what goes into an application, examine the market, the technical advantage and the ways that advantage could become commercially useful. The aim is an asset with a reason to be owned, licensed or acquired.
In his published writing, Jurgen connects patent selection with company direction and exit planning. The practical consequence is straightforward: a filing decision should have a business rationale.
From intent to application
Identify the problem customers need solved and the technical features that create an advantage. Ask what a competitor would have to reproduce, replace or work around.
Explain how the invention works, including meaningful alternatives and implementations. Give the claims technical support while keeping the commercial use of the invention in view.
Focus the claim strategy on distinctions that matter in the marketplace. Consider both the preferred product and commercially realistic variations, supported by what the inventor actually disclosed.
When the examiner responds
An Office Action response is another strategic decision. Jurgen’s practical approach asks both what addresses the examiner’s objection and what the resulting claims would still mean for the business.
That means examining the cited references, identifying the relevant technical differences and weighing arguments and amendments against the scope worth retaining. An amendment that moves prosecution forward deserves careful scrutiny if it leaves the commercially important implementation outside the claim.
The objective is a supported, reasoned response that advances prosecution while preserving a patent’s potential usefulness in the market. Marketability is the design objective; it is not something a filing alone can guarantee.
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