+1.970.776.4355 · Loveland, CO · Russ Krajec, principal Currently accepting Fractional Chief IP Officer engagements →

  • 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…

  • 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…

  • The Patent Box – Part of European Patent Reform

    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.

  • Worthless Patents – How to Avoid the Biggest Pitfalls

    Worthless patents happen for two reasons: the original invention was not selected properly and the patent was poorly prosecuted with the patent examiner.

  • Independent Inventors are a Walking Malpractice Suit

    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.

  • Why Patent Attorneys Always Suggest Getting a Patent

    This story is not about only having a hammer and everything looks like a nail. There is more to the story.

  • Franchising Principles Applied to Startups

    I had the opportunity to visit with a franchise president who is also doing a “conventional” tech startup.

  • What Do Patents Actually Cost?

    There is a more detailed article on patent costs here.

  • Statistical Correlation Between Patent Ownership and Success

    France Brevets, a French sovereign investment fund, has published a report (in English) that correlates success of venture-backed startups with the patents held by the startup.

  • Patent Holding Companies and Ownership Issues

    In this construct, an operating company has full control of the assets, even though the patent assets are held in a separate company.