Why these types of claims can be harmful to an inventor – and when they make a patent unenforceable. Method claims are especially difficult to detect, but they have another twist that makes them less important than “apparatus” claims. Method patents are infringed only when and where someone does the method.  Method claims can be…

Every decision has consequences. Some can be spectacular. My first job after college was at McDonnell Douglas, a (former) giant airplane company in St. Louis.  It was at the very tail end of the Cold War and we were building the F-15, F-18, and Harrier fighter jets. I was a young producibility engineer assigned to…

There are many patents that have many inventors. It is not uncommon to see 4, 5, 6, or even more inventors listed on a patent. In fact, there are over 200 patents with at least 25 inventors – some have 130+ inventors! This is a huge problem. I understand the desire to ‘reward’ team members…

One of my most hated phrases from entrepreneurs. I often hear from inventors and entrepreneurs who proudly state: “there is nothing like it in the market.” As if this was a badge of honor. It is not. This is a signal – and not a good one. Everything in life is signal. Everything in life…

Early filing dates are almost always a bad thing, not a good one. Many entrepreneurs are often lulled filing patent applications – especially provisional applications – because they are told that an “early effective filing date” is a good thing. Patent attorneys who are anxious to lock in another client will push the Fear of…

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…

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…

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…

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…