Lots of inventors means lots of problems.

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…

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Patent Value – Revenue is the only factor that matters.

(Updated 22 July 2023.) TL;DR: Realistic patent valuations are based on *context*. I can tell your patent value by how much revenue it produces. If your patent is infringed, I can calculate possible damages and likelihood of recovery. If it is not infringed, it has *potential* value, but not *realized* value. In other words, it…

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Cringe-worthy: “There is nothing like it on the market”

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…

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The Myth of an Early Filing Date for a Patent

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…

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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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