Agencies now routinely produce digital work product that includes software to perform functions to hold viewers’ attention or to enable advertising to be presented. Agencies that provide custom software development services for clients are at risk of being drawn into patent litigation through their client’s commercialization of agency-developed software because functions that are implemented through software may be protected by patents and it is extremely difficult – even for specialized patent counsel – to determine whether a particular function is freely available or requires a patent license.
The patent marketplace, as currently structured, involves complexities associated with patent search, filing and notice processes that potentially impact the development and marketing of web functions including functionality based on seemingly obvious process and design. Furthermore, the high cost of patent discovery, patent litigation and remedy awards in jurisdictions such as East Texas necessitate that marketing services agencies understand and manage patent risk associated with development and implementation of client work product.
In order to help 4A members better understand patent dynamics and to establish a platform for 4A members to share information about patents related to marketing and web functionality 4A’s has launched the 4A Patent Forum Website.
The 4A Patent Forum Website is a place to:
- aggregate information about patent matters that are relevant to the marketing services industry
- share best practices, trends and resources related to patents
Please explore the offerings and suggest other relevant content for our community. Comments welcome on the site and moderated. We hope that you find the 4A Patent Forum Website helpful as you navigate the challenging waters of patents and patent risk management. We invite you to post a comment, submit content and share your experience.
To comment on information that appears on the 4A's Patent website, after consultation with your legal advisor, click on the "Post a Comment" link that appears below the content. You will taken to a comment input form. If you wish to submit new material or an article for the 4A's to consider for posting to this site please call Tom Finneran (212.850.0760) or Chick Foxgrover (212.850.0788). The 4A's will consider all comments or new material submissions and determine the appropriateness of publishing the material on the 4A's Patent website. Unless you wish to be identified, comments and new material will be anonymous and appear with the site administrator as the source. (Due to the litigious nature of some patent assertion entities, 4A's procedure will be to endeavor to promptly discard the physical and electronic correspondence records of 4A's controlled comments and new material).
What patent question or advice would you like to share today?
Tom Finneran
EVP, 4A's Management Services