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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 word in the claims narrows the claim and limits your enforceable rights. Long Specifications Hurt You Many clients are told…

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How Patent Pools Work

Patent pools and standards essential patents are the Holy Grail of intellectual property. Patent pools are sophisticated ways that companies can bring technology together, cross license them, and license that package of intellectual property to the market. For many major technologies, such as Bluetooth, MPEG, 3G, 4G, and even electric vehicle charging, companies have banded…

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IP Due Diligence Checklist

Due diligence is essential for any business deal, and IP due diligence[1] is shockingly left out of the equation for most angel investors and venture capital investors. Due diligence is hard work. Doing it well will get your hands dirty. Introduction to IP Due Diligence Any due diligence exercise, especially IP due diligence, involves turning…

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Detectability is a Key Factor for Patent Value

Updated 16 Jan 2022. Patents Need to be Detectable. This may appear to be an obvious statement, but people pour money into patents where infringement simply cannot be detected. Here’s a case where undetectable software claims were thrown out of federal court. When looking at an invention (or an issued patent), one of the first…

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How Much Does A Patent Cost?

Updated 23 July 2023 The average cost of a utility patent in the US is over $50,000. This is just the cost to file a utility patent application and the patent examination process. It does not cover the cost of enforcing your patent, which can be in the millions. All patent owners should have patent…

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The “Walking Malpractice Suit”

The Attorney/Client Relationship[1] for Patent Attorneys has Some Weird Nuance. The fiduciary responsibility (and the fear of being sued for malpractice) is why attorneys explain everything in dreadful detail.  It is not just that they bill by the hour.  The attorneys are trying to lay all the options out on the table and make sure…

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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. How long does it take to get a patent? Depends on your strategy. The chart above shows how long a patent was pending for the patents…

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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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