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Patent Basics

What to Consider When Filing Patents Internationally

Many entrepreneurs like to go after foreign filings.  The normal course of business is to file a PCT application, then enter “national phase,” typically about two and a half years later. (“PCT” means Patent Cooperation Treaty, often mistakenly called an “international patent application.”  The PCT is an agreement where almost all countries of the world…

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Patents Help Sell Your Company

When building a patent portfolio with the intent to sell a company, the main audience is not potential infringers, but the acquiring company. Depending on the situation, the acquiring company may have any of several different reasons for the acquisition. For example, the acquiring company may be looking to add an existing product to its product…

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Patent Myths – “Broad Claims are a Good Thing.”

Inventors like to think that their patents are “broad” and somehow that is good.  It is not. The risks with broad patents are that they are more easily invalidated, but it is basically a sales pitch that patent attorneys use to make more money. Narrow patents are bad, too. (Learn more about this and other…

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What Are The Costs To Enforce or Defend a Patent?

Two stages of litigation: claim construction and the trail. Post Grant Review (or Inter-Partes Review) Patent litigation can be very expensive, and the costs of litigation go up considerably with the amount of money at risk. The American Intellectual Property Lawyers Association publishes a bi-annual Economic Survey, which is the most comprehensive source of patent…

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Patents Are Call Options On Technology

The only way for your patent to be valuable is to bring a product to market. This post was published on Medium. You can read it here. This post is an excerpt from my upcoming book “Startup IP Strategy.” A call option is an option to purchase a stock at a defined price. It is…

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So You Have A Patent? Now What?

For many entrepreneurs, life goes on. The nasty secret is that now that they have this new asset, they don’t know what to do with it. They spent a lot of money, time, and energy getting the patent, but struggle with the value of it.

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Why Startup Patents Are Doomed From The Start

Patents for small companies are fundamentally different from patents for large companies.  The decisions made – and skills needed – to develop the two are very different. There are several problems facing a startup company when getting patents.  The biggest problem: the skillset needed for a startup’s patents is not practiced in the conventional law…

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Is the Ethical NDA too harsh?

BlueIron has been using the Ethical NDA from the Ethical Collaboration Association for all new engagements.  The Ethical NDA is available here. TL;DR: The Ethical NDA is perfect for the intense, collaborative environment of trust and innovation that we have with our clients. The Ethical NDA changes the rules of engagement with clients.  Rather than…

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Double the Value of Your Patents – All You Need is the Right NDA

The right IP agreements play a huge role in how valuable your patents will be over time. One of the dirty secrets of coworking spaces, startup accelerators, incubators, and other collaborative environments is that the mere act of collaborating can devalue your intellectual property. The typical scenario is when two coworkers from different companies collaborate…

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Investment Grade Patents Do Not Have “Broad Claims”

Broad patents can hurt you. Inventors like to think that their patents are “broad” and somehow that is good.  It is not. The risks with broad patents are that they are more easily invalidated, but it is also a sales pitch that patent attorneys use to make more money. Narrow patents are bad, too. Narrow…

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