Patent Basics

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 invalidate a patent or discredit the patent owner. There are things you should never say to your patent attorney, at…

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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 of having to find something “inventive” amongst a bunch of run-of-the-mill technology. For early stage startup companies, the entrepreneur becomes…

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Patent Value – Revenue is the only factor that matters.

(Updated 22 July 2023.) TL;DR: Realistic patent valuations are based on *context*. I can tell your patent value by how much revenue it produces. If your patent is infringed, I can calculate possible damages and likelihood of recovery. If it is not infringed, it has *potential* value, but not *realized* value. In other words, it…

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What Is Patent Infringement?

Patent infringement is when someone else uses your patented idea without permission. The strict, legal definition is when someone infringes or performs every limitation of at least one patent claim. This is found in 35 USC 271. Many inventors and entrepreneurs believe that having a patent means they are “protected.” Having a patent just means…

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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 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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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…

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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.…

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