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Patent Basics

USPTO’s Track One vs Patent Prosecution Highway

Why the USPTO’s Track One is the mark of a lazy patent attorney. If your patent attorney is suggesting “Track One” to expedite your patent case – be wary. It is a trap. I would go so far as to say that Track One is the mark of a lazy patent attorney. Let me explain…

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Patents and Psychology – The Fear of Loss and the Lottery Ticket

The Fear of Loss A patent brings out weird psychology of entrepreneurs and investors alike.  They are their own worst enemy. Note: this is an excerpt from my forthcoming book “Startup IP Strategy.” From Thinking Fast and Slow by Daniel Kahneman, we learn that fear is 9x more powerful a motivator than pleasure. The notion…

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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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