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Active and Passive Rights.
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Active and Passive
Rights
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It is clear that Fortress PATENTS / IP is not just concerned with preparing and prosecuting a patent for issue, but ensuring a patent with the greatest scope, strength, and strategy to maximize rights, potential and market position.
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Active and passive patent rights, protections, and potential are other layers of patent preparation built into Fortress PATENTS / IP patents.
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Active Patent Rights and Protections
When one thinks of patent rights and protections, they are thinking of the active rights and protections derived from patent claims. The number of claims as well as their quality, diversity, and other considerations is the most important element for actively establishing patent rights and protections.
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Consider the visual and functional likeness to a fortress to achieve active protection:
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Fortress Towers And Corners = Independent Claims – Independent claims act like the fortress towers and corners by defining the outer extremities of what is being claimed. These are the most offensive and defensive positions of the fortress and the more towers the greater the parameter of the fortress and the more power the fortress projects in rights and protections.  Below is represented three towers or three independent claims, with the first be a very broad claim.
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Fortress Walls = Dependent Claims – The walls of the fortress are important, but are defined by the towers. The fortress walls are like dependent claims in a patent application and patent. The dependent claims reach no further than the independent claims, but are important to the total rights and protections of the patent fortress.
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Passive Patent Rights and Protections
Passive patent rights and protections may never be spoken of by most patent attorneys or agents, because they have not take the time to step back and fully understand the nature of every element of the patent.  Fortress PATENTS / IP does understand the totality of the patent and how each can add to patent strength.
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Passive patent rights and protections means subtle protections and impediments that limit how close other inventors can encroach upon or how close they can patent to one’s own patent. This passive protection emerges from two or three specific action in the patent preparation and prosecution process:
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Fortress Moat = Patent Description and Drawings – The more written description of an invention and the more drawings representing that description and invention, the more the patent application and patent of the invention landscape is defined beyond and in support of the claims. This is a deliberate action, just like digging the moat is a deliberate defense. In patenting what is taught sufficient such that a person of ordinary skill in the art can perform the invention without “undue experimentation” then that information takes on a legal defensive posture as “prior art.”  Prior art then defensively impedes another inventor from claiming that knowledge, even if not specifically claimed in one’s own patent, and as such others cannot patent in that space. A thoroughly written description and comprehensively drawn invention then creates a passive right and protection to the inventor, much like a moat to a fortress.
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Fortress Fields Of View = Prior Art Search – A thorough prior art search that defines available invention space is like the open defensive fields of view grounds of the fortress and shows the extend of patent landscape space available to claim by the invention. The patent may not be able to claim all of that space, but by fully considering all relevant prior art the patent prosecuted by a classic USPTO process as well as a peer review type challenge. The resulting patent has rights and protections that are stronger as they have already emerged from a more extensive patent process challenge. A full consideration of patent landscape and emerging granted rights and protections, provides the inventor a broader field of view of advancing potential infringers.
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Patent Potential In The Market
A goal of each Fortress PATENT / IP patent application and patent is to mimic the powerful and very evident presence a fortress in its own landscape. That is to have a powerful patent that creates a presence and message of well defined rights and protections in the patent prior art landscape. Further a fortress was the center of commerce in its day. In this case the patent becomes that fortress of strong rights, protections, and market presence and potential.
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Powerful Patent Themes:
Not all patents are the same, and not all patent are fully protective. Powerful patent rights, protections, and potential must be built into the patent. Fortress PATENTS / IP is committed to not just preparing, filing, and prosecuting a patent, but ensuring the maximum patent rights, protections, and potential balanced by the intended use of the patent, nature of the invention, and current circumstances.
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Fortress PATENTS / IP’s commitment to patent power and strength is evident by the subjects we discuss:
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Custom Patents – Maximizing patent rights while balancing the nature of the invention, patent intended use, and current circumstances.
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Strength vs. Weakening Elements – 12 elements to add strength to patent rights, protections, and potential.
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Power Patents – Identifying what elements of the patent application that should be emphasized along with other elements stated to maximize patent rights and protections.
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Stop Patent Scams, Traps, and Mishaps – Consumer protection awareness to identify scams, traps, and mishaps that can weaken and even jeopardize the invention’s ownership, proprietary rights, and patentability.
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Active and Passive Rights and Protections – Recognizing that a patent may not be awarded some rights, but passively the inventor can impede others from encroaching or gaining rights too close to their invention by a more thorough written and drawn invention disclosure.
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Fortress PATENTS / IP – Our name suggest a commitment to maximum patent rights, protections, and potential by analogy to the central economic and social presence of a fortress in a market and its active and passive offensive and defensive capabilities.
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Fortress PATENTS / IP knows the ins and the outs of creating the greatest scope, strength, and strategy for the maximum patent rights, protections, and potential.  We invite and welcome your questions, get acquainted, or get started contact.
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