Just as every invention is unique, so is every patent. Although it may be tempting to use a cookie-cutter strategy for obtaining patent protection on all kinds of technology, a "one size fits all" approach can put your patent portfolio in peril if it includes patents on computer technology.

Some companies with in-house patent departments rely on their in-house patent lawyers to draft, file, and prosecute all of their patent applications. This strategy has certain benefits, such as allowing in-house lawyers to develop an in-depth understanding of the company's business and apply that understanding to patent strategy and/or to establish a rapport with inventors that can facilitate the kind of clear and open communication that is necessary to craft broad and defensible patent applications.

But there are drawbacks to applying this strategy to all patent applications. Some savvy companies have learned this lesson and retain computer software and hardware patent experts to advise and augment their in-house staff. Robert Plotkin, P.C. was recently retained by a high-tech company to provide strategic advice on patent applications for computer hardware and software at the heart of the company's new product line -- their "crown jewels". Even though the company has in-house patent lawyers who will be primarily responsible for drafting the patent applications, the company retained Robert Plotkin, P.C. to collaborate with the company's in-house lawyers because of Robert Plotkin, P.C.'s special expertise in patent protection for computer hardware and software. The company recognized that its normal routine for obtaining patents was insufficient for this set of critical patents which likely will define the company's technological direction for the foreseeable future.

Similarly, outside patent counsel representing a company in patent litigation may be well-versed in the nuances of patent law but not in computer technology. Here again, Robert Plotkin, P.C. can augment the services provided by litigation counsel by providing expert opinions on patent infringement and validity, thereby leveraging and adding value to those services.

There are many pitfalls for the unwary in the process of obtaining or litigating patents on computer technology. Simply applying strategies for patenting mechanical or electrical technology can leave unnecessary and costly gaps in patent protection. (See our article "Special Considerations for Patenting Software" for more information.) Therefore, even individuals who are generally computer-savvy or experienced in patent law can benefit from a cooperative relationship with patent counsel specializing in patent protection for computer technology.