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Medical Device Patents
Regulatory risk has big effect on patent valuations. Medical devices and pharmaceutical inventions are a special case of intellectual property and are an interesting case study in the valuation of IP. They are an example of the influence of regulatory risk into a valuation analysis. When an invention requires regulatory approval, a patent is only…
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Who Owns the Invention?
The first step is often ‘skipped’ by startup founders. Many startups fail to have the basic agreements in place so that the company owns its inventions. Part of this is a failure to put the basic agreements in place for a startup company, and often the failure of the founders to commit to the company…
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Managing the Patent Process
How Entrepreneurs Need to Think About Patenting The patent process begins with selecting an invention and evaluating it as harshly as you possibly can. Selecting an invention for patenting is an iterative process and expect to go back and forth as new information becomes available. There is a huge temptation to ignore all the warning…
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Low Hanging Fruit: How Patent Searches Make Your Patent More Valuable
References and Information Disclosure Statements One easy way to spot an above-average patent is the References Cited on the front page. The references are specific pieces of prior art that the examiner considered when evaluating the patent, and they are a good look at how good the patent might be. There are two types of…
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Questions for Entrepreneurs: Are You The Right Person?
Entrepreneurs and inventors have eternal optimism, which is contagious. They are animated, motivated, and have relentless energy when they are striving to their goals. They can be immensely fun (and frustrating) to be around. But are the goals the right goals for them? I have countless video calls with entrepreneurs who are trying to ‘change…
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Examples of Undetectable Inventions
This past week, I looked at a couple companies and their IP. Both had an interesting but fundamental problem that made their IP worthless. We will talk about one of them in this post. I have a great technology – does anyone care? There are lots of companies with various air filtration/disinfectant patents. These are…
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Two Parts of a Patent Application: What You Give Away and What You Get In Return
Patent applicants are told that they are getting a “monopoly” on their invention, and that leaves out half of the equation. Patent applications come in two parts – the specification and the claims. The specification is where you describe your invention, and the claims is the protection that you get when the patent is granted.…
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How IP-Backed Loans Work
Your intellectual property is usually the hardest-fought asset you have. Intellectual property, and particularly patents, are often the most valuable intangible assets your company owns. There are several ways to use your IP in finance, and the most straightforward is to borrow against your company’s IP assets. This form of intellectual property financing is becoming…
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The USPTO Claims it Wants to Ensure ‘Robust and Reliable’ Patents – But Its Questions Imply Another Assault on Patent Owners
All of the suggested changes to continuation practices are extraordinary in their breadth and reach, and place severe and staggering restrictions on an Applicant’s ability to craft meaningful and useful claims. Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability…
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You – And Only You – Are Responsible for Your Patent
The sad story of how an inventor was taken advantage of by his patent attorney. In 1989, Steven Byrne invented an accessory to a string trimmer – the ubiquitous ‘weed whacker’ used for landscaping. Mr. Byrne was a landscaper. He developed his invention so that he could use the string trimmer for edging a sidewalk. …