ANA/4A’s Patent Assertion Information Aggregation and Dissemination Program (PAID)
The ANA/4A’s Patent Assertion Information Aggregation and Dissemination Program (PAID) is a platform designed to collect information related to patent assertions against association members.
PAID is structured to allow association members to share patent assertion information with the marketing community in a confidential manner.
The patent assertion information that you provide will be aggregated and combined with other relevant marketing-related patent information. The information collected by PAID will be disseminated to members of the marketing community via periodic Patent Assertion Landscape Summary (PALS) updates. These updates provide association members with a strategic advantage in monitoring and assessing patent assertion demands by Patent Assertion Entities (PAEs). ANA and 4A’s members can monitor PALS information updates by going to the 4A's Patent Forum Website.
PAID Information Collection Logistics
When an ANA member client receives a patent assertion demand (whether it's an infringement notice letter or an “offer to license” a patent), the member, after legal consultation, is encouraged to contact the ANA and confidentially provide information related to the patent assertion.
The information you provide is summarized below in the form of an ANA/4As patent assertion questionnaire. (Please note: you can/should provide only information that you deem relevant and appropriate.)
ANA/4As Patent Assertion Questionnaire
- Has your company (or your client) entered a confidentiality agreement or NDA with the entity asserting the patent against your company (or client)?
- What are the patent numbers of the asserted patents?
- What is the full legal name of the entity asserting the patents?
- Who is the personal contact at the entity asserting the patents?
- What function or feature of the app, website, etc., does the patent assertion entity say may infringe its patents or may require a license? Please provide verbatim if possible.
- If the patent assertion entity does not specify a function or feature, what products/services does the entity say may be impacted by the asserted patents?
- What demands/settlement offer, if any, has the entity made?
- Can you provide a redacted copy (i.e., without company name) of communications sent by the asserting entity?* Can the association share the redacted demand letter with other interested parties?
If you are concerned about preserving confidentiality, your communication with the ANA can be conducted by phone. Call the association’s telephone operator (212.697.5950), then ask to be transferred to Bill Duggan, ANA’s group EVP, at extension x8010. Inform Bill that you wish to confidentially discuss a patent matter; you will not need to provide your name, the name of the agency, or the name of any client. Bill will anonymously collect the patent assertion questionnaire information that you want to provide. If you are interested in providing a redacted copy of the assertion complaint, you will be encouraged to mail the redacted copy in an unmarked envelope to ANA’s Bill Duggan (708 Third Ave., New York, NY 10017).
PAID/PALS Information Updates
PALS information updates at the 4A's Patent Forum Website will let members know which PAEs are likely to file suit and other tactical details. Armed with the information provided by PALS, members will be better prepared to assess and manage patent assertion risks. Information updates will help the marketing community deal with PAEs and hopefully lead to lower risk and lower cost solutions.
If you have questions about patent assertion activities or want to understand more about the ANA/4A’s Patent Assertion Information Aggregation and Dissemination Program (PAID), please contact Bill Duggan (firstname.lastname@example.org or 212.455.8010).