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Patent Funding: Better Patents from BlueIron
One of the biggest ironies is that your patent attorney cannot give you good advice. But patent funding changes that.
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How to Get a Good Patent
How to get a good patent? It is easy to get a worthless patent[1][2], but quite hard to file a good one.
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Patents Need to Make Business Sense
In our business of investing and financing patent portfolios, we can only invest in patents that have real commercial value.
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Patents As Investments
We do not invest in technologies where we don’t think there is a market for the patents alone.
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Inventions Where BlueIron Will NOT Invest
I see an obnoxious number of inventions and patents from startups. Almost all of them are not good candidates for us to invest. It is heartbreaking to say “no” to inventors where the invention does not seem to be ‘big’ enough to be a saleable, stand-alone asset.
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Investment Grade Patents Start with a Solid Foundation
Most patents are worthless[3], and getting a good patent is less about finding the gem as much as removing the dirt so that there are more possible gems in the portfolio. We do not know which patent will ultimately be gem, but we can dramatically increase our chances be removing the ones with poor likelihood…
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Patents are Similar to Stock Market Options
Patents are an inherently risky investment and have lots of similarities to options trading. This is because they have value only when the market comes to them. At the time you purchase an option – and at the time you create a patent – you must place a bet on where the market will go.…
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How to Find a Good Patent Attorney
Here is a simple technique to find a good patent attorney: start with at least *two* candidates. Ask each attorney to give you a sample of their work, and take the sample to the other attorney. It would be best to get an issued patent, not just a patent application publication.
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How to Make Your Patent Strong Against Inter Partes Reexam
One of the easiest ways for infringers to challenge an issued patent is through the Inter Partes Reexam process, commonly known as IPR. To successfully challenge a patent, someone has to produce a prior art document that would have changed the examiner’s mind. This is known as raising a substantial question of patentability based on…
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Over-broad Patents Are No Longer A Good Thing
A patent drafting theory from 10 years ago was to draft a patent with the loosest language possible and go for claims that are nebulous. This drafting theory results in extremely broad descriptions of an invention with lots of disclaimers and alternatives so that the judge and jury can apply the overbroad patent to anybody’s…