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Patent Basics

Inventions Where BlueIron Will NOT Invest

There are some inventions where BlueIron will NOT invest. I see an obnoxious number of inventions and patents from startups. I estimate that I encounter 10-20 inventions per week lately, and many are not good candidates for us to invest. It is heartbreaking to say “no” to inventors where the invention does not seem to…

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How to Find a Good Patent Attorney

How to find a good patent attorney: find two attorneys, and have each one evaluate the other attorney’s work. Here is a simple technique to find a good patent attorney: start with at least *two* candidates. Ask each attorney to give you a sample of their work, and take the sample to the other attorney.…

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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…

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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…

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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.…

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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,…

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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…

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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…

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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…

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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…

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