Strategic Patent Portfolio Pruning: Why, When and How

Why Prune a Patent Portfolio?

Pruning helps control costs by reducing the financial burden of prosecution and grant costs as well as maintenance fees associated with patents that have limited strategic value. It also ensures the portfolio remains focused on patents that support current and future business objectives. Retaining patents that are no longer aligned with your core products or markets can dilute resources and complicate enforcement efforts. Moreover, pruning reduces risks such as unwanted licensing demands or legal challenges linked to obsolete patents. A regularly reviewed portfolio creates clarity and focus, making the IP management more strategic and efficient.

When to Consider Pruning

There are several key moments when pruning becomes particularly relevant. After mergers or acquisitions, patent portfolios often contain overlapping or redundant assets that require consolidation. During periods of budget reassessment or R&D realignment, pruning can free resources to invest in more promising innovation areas. Shifts in technology or business strategy may also render some patents obsolete or irrelevant.

It is often more effective to assess your portfolio at strategic intervals, such as in years 4, 8, 12, and 16, rather than conducting annual reviews. At these points in a patent's lifecycle, there is usually more information available about the technology’s market potential, competitive positioning, and alignment with the company’s evolving business strategy. Early-stage filings often involve a degree of uncertainty and reviewing them too frequently may lead to premature decisions. By allowing time for the commercial and technical context to develop, evaluations conducted at these milestones offer a more informed basis for deciding whether to maintain, divest, or abandon a patent family.

How to Approach Pruning

The optimal pruning strategy may vary depending on the maturity of the company and the size of its patent portfolio. Younger companies often face greater uncertainty about which technologies will define future products, and their portfolios may be more exploratory in nature. In contrast, mature companies typically have better visibility into which assets are strategically valuable and can make more targeted pruning decisions based on long-term product and market trajectories.

The pruning process begins with a comprehensive audit of the portfolio. Each relevant patent family should be reviewed for its commercial relevance, legal strength, and enforceability. This includes assessing whether the patent is actively used in licensing, blocking competitors, or supporting business units. Following this, a cost–benefit analysis compares the ongoing expenses of maintaining each patent with its strategic or revenue potential. Input from stakeholders across research and development, legal, and commercial teams is vital to uncover less obvious values such as defensive benefits or licensing opportunities.

Based on this evaluation, patents can be categorized as core assets critical to the business, maintenance candidates worth keeping under observation, or candidates for pruning that no longer justify their costs. The latter may be considered for selling or licensing before abandonment. Careful attention should also be paid to dependencies between related patent families to avoid losing valuable rights inadvertently.

How Bryn Aarflot Can Assist

Managing patent portfolio pruning requires specialized expertise to balance legal, technical, and commercial factors. Bryn Aarflot supports clients by conducting tailored portfolio audits that consider both industry context and global patent landscapes. We can provide a detailed overview of upcoming costs and help develop pruning strategies that align with budgets and strategic goals.

In addition, our team can assist with the legal and administrative complexities of licensing, selling, or abandoning patents. We also facilitate workshops that bring together technical and business stakeholders to ensure portfolio decisions align with both technological direction and market strategy.