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Investment Grade Patents Start with a Solid Foundation
Photo by Jack Niles on Unsplash An investment-grade patent[1][2] starts 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,…
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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
How to find a good patent attorney: find two attorneys, and have each one evaluate the other attorney’s work. 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.…
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How to Make Your Patent Strong Against Inter Partes Reexam
Strengthen your patent 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…
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Over-broad Patents Are No Longer A Good Thing
It used to be that “broad” patents were the best things for litigation. That is no longer the case. 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…
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The Patent Box – Part of European Patent Reform
The United Kingdom’s Patent Box is a tax incentive to have IP protection – is it coming to America? The UK has a tax incentive called the Patent Box. In essence, profits derived from patented technology are taxed at a very low rate – 10% – while other profits are taxed at their normal rate.…
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Worthless Patents – How to Avoid the Biggest Pitfalls
Airplane wreckage on black sand beach, Iceland Worthless patent[1]s: they don’t have to be that way. Worthless patents happen for two reasons: the original invention was not selected properly and the patent was poorly prosecuted with the patent examiner. Properly selecting the invention is crucial for getting a good patent. Your conventional patent attorney will…
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Independent Inventors are a Walking Malpractice Suit
Independent inventors are terrifying for patent attorneys. As I began to learn patent law 20+ years ago, a senior attorney described independent inventors as “walking malpractice lawsuits”. His way of handing independent inventors was to not tell them anything, and for the client to decide the best course of action. The client had to become…
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Why Patent Attorneys Always Suggest Getting a Patent
Patent Attorney Liability This story is not about only having a hammer and everything looks like a nail. There is more to the story. Think about the patent attorney who is meeting a new client. The client is unsure about whether or not to get a patent on their idea. The patent attorney suggests trying…
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Franchising Principles Applied to Startups
Photo by Terry Jaskiw on Unsplash Make yourself completely replaceable – not essential. I had the opportunity to visit with a franchise president who is also doing a “conventional” tech startup. I read The E-myth Revisited years ago, and it dramatically changed my way of thinking about business. The premise of the E-myth is that…