Curating a Portfolio

The “Walking Malpractice Suit”

The Attorney/Client Relationship 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…

Read More

HP CapShare: How a failed product yielded huge revenue

HP’s CapShare hand-held scanner is a great example of patents that come from problems solved on they way to the vision – not the vision itself. Patents can be vehicles for spinning out technologies. When any company is exploring a new space, they encounter problems that need to be solved.  In many cases, other companies…

Read More

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…

Read More

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”…

Read More

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…

Read More

Webinar: 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.

Read More

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 of most due diligence efforts for good reason: most patents are worthless. This patent due diligence checklist helps anyone evaluate IP and patents –…

Read More

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…

Read More

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…

Read More

How to Find a Realistic Patent Value

(Updated 10 Oct 2021.) 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. How to value a patent all depends on whether there is product in the market – not how “cool” the invention is.…

Read More