A patent fence is a series of patents issued with a view to block any innovators linked to an initial patent (usually a competitor) from further developing any innovation or applying for further follow-on patents around the initial one.
An easy example to use is that of a chair.
If Company A comes up with the patent on a chair with these claims:
- A back,
- A seat
- Four legs;
Company A's competitors may create a patent fence with patents that have claims like:
- A back
- A seat
- Five legs
Or a chair with:
- A back
- A seat
- Three legs
- A cup holder.
If these patents are granted, these competitors would set up a fence of sorts around Company A's initial patent, so that any further innovation or IP would not be owned by them, forcing them to discuss licensing instead.
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