Posts Categorized Patent Basics

How to Make Your Patent Strong Against Inter Partes Reexam

Strengthen your patent against Inter Partes Reexam One of the easiest ways for infringers to challenge an issued patent is through the Inter Partes Reexam process, commonly known as IPR. To successfully challenge a patent, someone has to produce a prior art document that would have changed the examiner’s mind. This is known as raising… Read more »

Over-broad Patents Are No Longer A Good Thing

It used to be that “broad” patents were the best things for litigation. That is no longer the case. A patent drafting theory from 10 years ago was to draft a patent with the loosest language possible and go for claims that are nebulous. This drafting theory results in extremely broad descriptions of an invention… Read more »

The Patent Box – Part of European Patent Reform

The United Kingdom’s Patent Box is a tax incentive to have IP protection – is it coming to America? The UK has a tax incentive called the Patent Box. In essence, profits derived from patented technology are taxed at a very low rate – 10% – while other profits are taxed at their normal rate…. Read more »

Worthless Patents – How to Avoid the Biggest Pitfalls

Worthless patents: they don’t have to be that way. Worthless patents happen for two reasons: the original invention was not selected properly and the patent was poorly prosecuted with the patent examiner. Properly selecting the invention is crucial for getting a good patent. Your conventional patent attorney will tell you if there is prior art,… Read more »

Independent Inventors are a Walking Malpractice Suit

Independent inventors are terrifying for patent attorneys. As I began to learn patent law, a senior attorney described independent inventors as “walking malpractice suits”. His response was to not tell them anything, and for the client to decide the best course of action. The client had to become “educated” on patent law, and he was… Read more »

Why Patent Attorneys Always Suggest Getting a Patent

Patent Attorney Liability This story is not about only having a hammer and everything looks like a nail. There is more to the story. Think about the patent attorney who is meeting a new client. The client is unsure about whether or not to get a patent on their idea. The patent attorney suggests trying… Read more »

Problems Caused by the Attorney/Client Relationship

The attorney/client relationship is one of the most sacred and important tenants of the US legal system, but it causes weird side effects. Everyone is entitled to a defense, no matter how guilty the person is or appears to be. The attorney/client relationship is a fiduciary relationship, where the attorney MUST act in the best… Read more »

How to Review a Patent Application

How can you mess up reviewing a patent application? It’s a lot easier than you think. Some comments made by an inventor, even the most innocuous comments, can be misconstrued if a patent ever was litigated. Rather than create a messy trail of documented comments remember the most important rule: Good news by mail, bad… Read more »

BlueIron’s Patent Rating Checklist

A Patent Checklist to find out: How good is your invention? The spreadsheet contains many of the parameters discussed in BlueIron’s blog posts on patent due diligence. Please let us know if you have any suggestions/comments to make the spreadsheet a better tool. You are free to use this however you like, and please feel… Read more »

Actor Analysis for Patent Infringement

Due Diligence for Patents – Actor Analysis tells who is the likely infringer. Actor analysis is often overlooked when valuing inventions for patenting, or for valuing patents once they are issued. With actor analysis, we want to know who is the actual actor that infringes the invention. This analysis often identifies patents that you would… Read more »