Curating a Portfolio

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. The chart above shows how long a patent was pending for the patents that issued to Small Entities in the first quarter of 2021. The blue…

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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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Do Startups Give Up On Their Patents?

Patent valuation can be inferred from how much effort an applicant puts into their patent.  One of the common criteria for the more sophisticated patent scoring algorithms is the number of continuation applications. Having a pending application in a patent family is a huge asset. A pending application allows you to create new patent claims…

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IP Due Diligence in Two Questions

There are two questions to ask every time you are dealing with patents: Can you tell if someone infringes? How hard is it to design around your patent? With these two questions, you are 90% of the way there on IP due diligence. Here is my presentation to Band of Angels in October, 2020.

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IP due diligence for startups

Due diligence is essential for any business deal, and IP due diligence is shockingly left out of the equation for most angel investors and venture capital investors. IP is left out for good reason: most patents are worthless. This patent due diligence checklist helps anyone evaluate IP and patents – and weed out 95% of…

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Terminal Disclaimers – One for the Price of Two

Terminal disclaimers are costly for the client – but an easy money maker for patent attorneys. Terminal disclaimers are where you pay twice to get the same thing. They are a money maker for the USPTO – and your patent attorney.  They should be avoided at all costs.  In most cases, a terminal disclaimer is…

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Startup Funding: Apply for BlueIron Non-Dilutive Funding

BlueIron provides non-dilutive startup funding. BlueIron provides $60K or more non-dilutive startup funding for companies with great inventions. Our model is to invest in the full cost of getting patents for a company, including international (PCT) filing and expediting the patent through the United States Patent and Trademark Office. We fund companies *before* angel or…

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How to Find a Realistic Patent Value

A realistic patent value can be determined using many of the same techniques used to value businesses. However, it all depends on whether someone is actively copying your invention. Patent value is tricky Use standard business valuation techniques to value patents Pricing patents using Options Pricing techniques Special cases where patent value is huge What…

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My first invention

My first job out of college was at McDonnell Aircraft in St. Louis.  At the time, we made military fighter jets: the F-15, F-18, and Harrier AV-8B.  I was assigned to a little research group exploring different ways to use thermoplastic composites.  It was there that I had my first “invention.”  I wrote up a…

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Why Marketing Is More Important than Patents

Entrepreneurs have been fed this lie that the first thing they need to do is get a patent, then work on the business. This is a bad strategy. As an investor who finances IP for startups, I want some data to support the investment in patents. The best strategy is to do the marketing first,…

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