July 29, 2025 by Amit Kumar
In the fast-paced innovation economy, obtaining a patent is just the beginning. To extract long-term legal, economic, and strategic value, patent owners must actively monitor:
Their own patents
Competitor filings
Emerging technologies
Legal developments affecting their rights
This continuous monitoring process, known as patent watching, ensures that your IP assets remain enforceable, relevant, and profitable.
A patent left unwatched can quickly become a liability instead of an asset.
| Legal Basis | Jurisdiction | Key Takeaway |
|---|---|---|
| Section 64, Indian Patents Act, 1970 | India | Patents can be revoked for non-working, but monitoring allows timely action |
| Doctrine of Laches & Acquiescence | Common law | Delay in enforcing rights due to lack of watch may weaken your position |
| TRIPS Agreement, Article 41 | International | Enforcement procedures must be available to right holders — monitoring enables this |
| U.S. 35 U.S.C. § 287 | USA | Damages accrue only from the date of notice — no notice without watch |
Patent watching (or patent surveillance) is the systematic tracking of:
Legal status of your own patents (renewal, expiry, opposition)
Competitor patent filings
Industry patent trends
Potential infringement or overlaps
Legal changes affecting IP protection
This can be done using a combination of:
Alerts from patent databases (e.g., Indian Patent Office, Espacenet, USPTO)
Professional watch services
Docketing and analytics software
Detect infringement early, file cease-and-desist notices promptly
Maintain eligibility for injunctions and damages (e.g., India, U.S., EU)
Keep a record of renewal deadlines, annuity payments, FER deadlines
Identify pre-grant or post-grant oppositions in time to respond
Track filings by key rivals in your technical field or market
Monitor patent families entering India via PCT National Phase
Stay ahead by anticipating new product launches or strategy shifts
Identify white spaces and avoid crowded patent landscapes
Understand current state of the art (critical for R&D decisions)
Prevent internal duplication of known technologies
Maintain portfolio hygiene — expired or lapsed patents flagged
Clean documentation and updated status improves due diligence
Increases valuation for investors, acquirers, and licensing deals
Spot emerging companies or industries potentially using your IP
Initiate royalty discussions, licensing, or cross-licensing negotiations
Assert your rights more confidently in court or settlement
| Company | Strategy Enabled by Patent Watch |
|---|---|
| Qualcomm | Licensing mobile chip technology by tracking global players |
| Infosys | Avoiding patent thickets in U.S. fintech space |
| Dr. Reddy’s Labs | Watching generic drug patent expiry to launch generics |
| Amazon | Monitoring last-mile delivery & drone patents of competitors |
| Category | What to Track |
|---|---|
| Legal Status | Renewal, restoration, FER deadlines, Form 27, oppositions |
| Competitor Activity | New filings, PCT entries, citations of your patents |
| Technology Trends | AI, MedTech, IoT, CleanTech — emerging domains |
| Judicial Developments | New IP rulings (India, US, EU) impacting claim scope |
| Legislative Amendments | Patent Rules (2024), digital filing, fee changes |
| Function | Benefit |
|---|---|
| Maximize IP Value | Early enforcement = higher damages or settlements |
| Boost Market Share | Block infringers, assert exclusivity |
| Investor Trust | Shows active IP management, not passive ownership |
| Reduce Compliance Risk | Avoid abandoned applications or procedural lapses |
🔐 A strong IP portfolio is worthless if unmonitored and unenforced.
| Tool/Service | Use |
|---|---|
| INPADOC (WIPO) | Family, status, citations |
| PatSeer / Derwent / Orbit | Tech landscape, competitor watch, analytics |
| IP Docketing Software | Form 27, FERs, renewal reminders |
| IP Firm Watch Services |
Customized email alerts, infringement monitoring |
| QuickCompany IP Suit |
All Above use at single place (including for other IP) |
An unwatched patent is a blindfolded security guard — legally valid but practically vulnerable.
In a world of patent trolls, instant product launches, and hyper-competitive innovation, you must watch your patents to protect and profit from them.
You paid to obtain the patent. Watching it ensures you benefit from it.
Q1. Can I watch only a few key patents?
👉 Yes. Prioritize high-value or revenue-generating patents.
Q2. How often should I review the watch results?
👉 Monthly or quarterly review is recommended, especially for active sectors.
Q3. Is a patent watch the same as freedom-to-operate (FTO)?
👉 No. FTO is pre-launch due diligence. Patent watch is ongoing surveillance.
Q4. Is this required by law?
👉 Not mandatory, but essential for enforcement and portfolio management.
Q5. Can I do this myself or need a firm?
👉 Automated tools help, but legal interpretation of alerts is best done by an IP firm.