Better Patents
Why patents in September are a bad thing
The USPTO issues more Office Actions in September than any other month. Why is that? The chart above shows the USPTO pendency of First Actions over the last two years. Notice that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have production goals and bonuses.…
Read MoreNon-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”…
Read MoreI’m A Recovering Patent Attorney
What is Really Wrong with the Patent System I am a “recovering patent attorney.” I became a patent attorney after years as an engineer. I went to a patent attorney and I expected my patent attorney to help me, but I was sorely disappointed. I was so disappointed that I took the Patent Bar Exam,…
Read MoreHow to Spot Bad Patents
Investment-Grade Patents represent only a small sliver of the patent universe. Their value comes from a huge amount of research and thought. However, bad patents are easy to spot. These less-than-optimal patents have certain characteristics that can easily be identified by anyone: the inventor, the investor, or anyone in litigation. Use this as a first…
Read MoreThe Patent System is Broken – but not in the way you think it is.
The patent system has some weird quirks that makes it feel broken. In truth, you do not want to know how the sausage gets made at the Patent Office, and patent laws are all weirdly nuanced with few bright lines. That is just the way it is. The real problem is the patent applicants, not…
Read MoreBlueIron is Changing the Legal Industry
BlueIron was formed in response to a weakness in the way patents are prepared. My personal experience was that I needed a patent attorney’s advice and experience – and I paid for it – but he had continually refused to give it to me. It wasn’t until after I took the patent bar and began…
Read MoreFoundation of Investment Grade Patents
Foundation of investment grade patents is serious due diligence. Getting solid, investment-grade patents is less about finding the gem as much as removing the dirt so that there are more possible gems in the portfolio. We do not know which patent will ultimately be the gem, but we can dramatically increase our chances by removing…
Read MorePatent Funding: Better Patents from BlueIron
Patent Funding: How BlueIron Gives You Better Patent Quality One of the biggest ironies is that your patent attorney cannot give you good advice. But patent funding changes that. Patent attorneys are bound by the attorney/client privilege, which is a hallmark of our legal system. But it has some unintended consequences. One of which is…
Read MoreHow to Make Your Patent Strong Against Inter Partes Reexam
Strengthen your patent against Inter Partes Reexam One of the easiest ways for infringers to challenge an issued patent is through the Inter Partes Reexam process, commonly known as IPR. To successfully challenge a patent, someone has to produce a prior art document that would have changed the examiner’s mind. This is known as raising…
Read MoreBlueIron’s Patent Rating Checklist
A Patent Checklist to find out: How good is your invention? The spreadsheet contains many of the parameters discussed in BlueIron’s blog posts on patent due diligence.Please let us know if you have any suggestions/comments to make the checklist a better tool.
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