Blog
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Patent Descriptions: Every Word Hurts You
Every Word in a Patent Application Hurts You The patent application has two parts: the specification and the claims. Every word in the specification is a trade secret[1] you give away to your competitors. Every…
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Do You Like My Invention?
Inventors often ask for my feedback on their inventions, but the only thing I ask about is revenue. As an investor who focuses on IP, I get asked for feedback on inventions and patents. I…
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Communication Hygiene: Things You Never Say To Your Patent Attorney
Good news in writing – bad news by phone. Inventors have extraordinary power in the patent process, especially in litigation. An inventor’s opinion or comments can often be twisted during litigation and ultimately, used to…
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Avoid Wishful Thinking Patents
I just want “protection,” but I have a run-of-the-mill product. Most startup CEOs want patents because they want ‘protection,’ so they go to a patent attorney. And the patent attorney is in the unfortunate situation…
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Damage Control: Filing Patents After An Employee Leaves
Capturing ideas so you own them can limit the damage a key employee might inflict when they go to a competitor. A company-wide strategy for patents can have ancillary benefits when dealing with employee issues. Let’s…
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Patent Ethics: Is it Ethical for the Patent Attorney to list themselves as an inventor?
The hallmark of a sleazy patent attorney is one who lists themselves as an “inventor” on patents that they write for a client. There is the “legal” definition of an inventor, and there is the…
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Risks of Investing in Government-Sponsored Research
“March-in” rights under 37 CFR 401.6 allow the government to re-possess a patent using a very arbitrary process. One reason NOT to invest in startups based on government-sponsored research, including patents from universities. Inventors can…
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Showing Up – The Simplest Thing
Being a good steward of capital is the only metric that matters. As an early stage investor, I have only one meaningful metric: a good steward of capital. We do lots of due diligence, dig…
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Contingency Fee Litigation Is Only a Last Resort
If you are having to do contingency fee litigation on your patents, you did something wrong. Contingency fee litigation is a unique feature of American Law, where attorneys perform some or all of the litigation…
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IP Theft – Starting that “Side Project”
“He doesn’t own my brain” – Oh, yes he does. Doing the entrepreneurial gig is hard. There are countless barriers and endless hurdles to overcome, and many entrepreneurs relentlessly power through them. But stealing IP…