Powerful Patents – Affordable Solutions
Provenance provides its clients with access to exceptional patents to help them defend against claims of patent infringement made by another operating company, or to deter such aggression. To help ensure the strength of this defense, every "Assertion-Ready" patent offered by Provenance is exhaustively assessed by patent lawyers, engineers, and prior art specialists. As a result, each is exceptional for its intended defensive purpose.
Our mechanism of providing this defense is novel. We offer each client an exclusive, restricted license to one or more patent families they select. This license permits that client to defensively enforce any or all of the patents in the selected families against a single, named operating company chosen by them at the time the license is granted by Provenance. We call each such company-specific, exclusive license to each patent family a "slice."
Our clients pay a reasonable, fixed annual fee for each "slice" they choose. We anticipate that most exclusive licensees will obtain rights to multiple patent families for multiple years. Once licensed, Provenance will be paid its annual fee for each year of the term of the license, including the term of any sublicense granted by them to the sublicensee authorized in the license we granted to our client.
Since the "slice" arrangement does not provide each of our exclusive licensees a license to "all or substantially all" of the rights to the patent, Provenance — as the patent owner — will offer to stand alongside its exclusive licensees when required to confer legal standing in court actions that involve our client's freedom to operate, subject to receiving an indemnity from our client covering associated costs, if any.
Each Provenance client has multiple options for the slices that may benefit them. They may wish to take slices to multiple patent families for use against a single aggressor. Or they could acquire multiple slices to the same family to be used against multiple aggressors. If a company has concerns about the use of the patent family against them (either in counter-assertion or if the patent were to be sold to a party adversarial to them), they can even choose a "slice" that provides their own company with a license to that patent. Or they can elect a combination of these solutions.
The key is Provenance's ability to provide its clients with the assets they need, only at the time and for the term the patent rights are needed. The result is significantly reduced company costs through avoidance of creating and maintaining a defensive patent portfolio that, in almost all cases, is severely underutilized.
To help current or prospective clients identify patents in our collection that can assist them in defense against patent assertions, Provenance provides a list of all patents in its collection, including those that are "Assertion-Ready" and those that remain "Under-Review." These patents are searchable in our proprietary tool, TrustedPatents™. There, clients can rapidly search patents by the products or technologies to which they may apply, and by "potentially relevant companies" that make, use or sell such potentially relevant products.
A checkbox allows anyone to see "Assertion Ready" patents, patents "Under Review" or both, including detailed information on more than 3,000 patent families currently in our collection. For convenience and rapid notification, anyone can create custom alerts to be notified by e-mail the moment a new patent that matches their specified criteria is added to TrustedPatents. Within TrustedPatents, a "Patent Map" is available for many patents to assist potential clients in better understanding how the patent may apply to specific product types (e.g., smartphones, wireless routers, interactive games, etc.). If a Patent Map to an Assertion-Ready patent is not available, one may be requested with a simple click. The information in TrustedPatents is not an assertion or notice of patent infringement.
Provenance invests heavily in reviewing patents we have already acquired, as well as assessing patents that owners bring to us which they believe are exceptional and are likely to be held valid and infringed under intense scrutiny. Our criteria for selecting assets as "Assertion-Ready" are stringent given our specialized core business model. While thousands of patents remain under review, to date only about 4% have earned our "Assertion Ready" designation.
Given the high cost of maintaining assets not core to the Provenance defensive model, we will regularly sell non-core assets, as well as core "Assertion-Ready" assets that are not producing licensing revenue.
Many of the assets being sold will be valuable, highly-rated patents that most purchasers would assess as important additions to their patent portfolio, and many will be representative of the type and quality of patents that are regularly counter-asserted and asserted in patent disputes.
Sales will begin in April 2018 for assets identified and announced in February 2018. The process will be fully transparent, and open to all bidders. We expect at least 15 patent lots, including at least 250 patent families, to be announced simultaneously in February. By the end of 2018, we expect to have sold at least 1,500 patent families covering a wide range of products and technologies.
Visitors to our website can search freely since, to ensure anonymity, TrustedPatents does not track or record the source of search queries by specific users.