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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2020 Has Been The Best Year

Retrospective On 2020 I am sad to see 2020 go.  It has been a monumental year in many ways.  Lots of things were shaken very hard, and many things broke under the stress, but many things were improved. Life is consistent about one thing: change.  You can choose to complain that things are not what…

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I Do Not Want a Patent I Do Not Deserve

I do not want an entrepreneur to bet the farm on a patent that has no value. It is really tempting to think that you can get an enormously valuable patent.  Then you can dominate some big market and get paid handsomely. Entrepreneurs are fond of saying that their patents are “broad,” and investors desperately…

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Betting on the Home Run

Angel investing requires analyzing the ability of the entrepreneur to make their business happen. Entrepreneurs who bet everything on a single home run are very poor investments. It is much better to find the “grinder” startup who is willing to do the hard work. Betting on the home run – instead of being a “grinder”…

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Using Patents as Blackmail

A case study on why you need the right inventors agreements for a startup: a former employee turns patent troll. My company finances patents for small to medium sized companies, so I often get inquires from people who want to build out a patent portfolio.  A while ago, I received a call from an inventor…

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