HP CapShare: How a failed product yielded huge revenue

HP’s CapShare hand-held scanner is a great example of patents that come from problems solved on they way to the vision – not the vision itself. Patents can be vehicles for spinning out technologies. When any company is exploring a new space, they encounter problems that need to be solved.  In many cases, other companies…

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Selling Patents: The Enemy of My Enemy is My Friend

When selling patents, it is tempting to think of competitors or direct infringers as the appropriate people who would be interested in your patent. But the truth is there is a much, much larger pool of companies to consider. I was having lunch with a friend who was chief patent counsel at a company that…

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What Is Patent Infringement?

Many inventors and entrepreneurs believe that having a patent means they are “protected.” Having a patent just means you have a patent – whether someone infringes the patent (and you can actually enforce the patent) is a completely different question. The costs of patent enforcement are staggeringly high. Which is why there is patent insurance…

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Why patents in September are a bad thing

The USPTO issues more Office Actions in September than any other month. Why is that? The chart above shows the USPTO pendency of First Actions over the last two years. Notice that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have production goals and bonuses.…

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How long does it take to get a patent?

It takes, on average, 2-4 years to get a patent from the United States Patent and Trademark Office. But, you can change the speed based on your filing strategy. The chart above shows how long a patent was pending for the patents that issued to Small Entities in the first quarter of 2021. The blue…

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Non-transitory storage media

If you have a patent claim with the term “non-transitory storage media” – you should find another patent attorney. The history of the “non-transitory storage media” claims. Who can you sue with a “non-transitory storage media” claim? Problems with the “non-transitory storage media” claims. What you can tell if your attorney uses “non-transitory storage media”…

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Provisional Patent Applications Hurt Startups

Bad Strategies for Startup Patents The patent bar does a terrible job of serving smaller clients – and provisional patent applications are a glaring example. In fact, they are taking advantage of them and causing harm to the clients they are supposed to serve. The graph shows a recent snapshot of office actions over the…

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Do Startups Give Up On Their Patents?

Patent valuation can be inferred from how much effort an applicant puts into their patent.  One of the common criteria for the more sophisticated patent scoring algorithms is the number of continuation applications. Having a pending application in a patent family is a huge asset. A pending application allows you to create new patent claims…

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Invention Mistakes Made at the “Idea Stage”

Patent Mistakes People Make At The Idea Stage Patents at the idea stage represent a huge risk because there just is not any data to support an investment in a patent. A patent attorney would mitigate this risk by putting everything you know – and plenty of additional speculation – into your patent application. From…

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The S-Curve, Innovation, and Intellectual Property

Every technology grows on an “S-curve.”  The S-curve cycle is where an idea is born, then it struggles to get product-market fit through infancy.  Once it begins to get traction, there is a period of growth, after which the technology levels out and eventually declines. You can think of the S-curve as the growth cycle…

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