Patent Basics
How to Get a Good Patent
How to Get a Good Patent How to get a good patent? It is easy to get a worthless patent, but quite hard to file a good one. A good patent starts with a good invention. The invention should have a high value if the invention were to be licensed or sold to competitors in…
Read MoreInventions 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. Almost all of them are not good candidates for us to invest. It is heartbreaking to say “no” to inventors where the invention does not seem to be ‘big’ enough to be a saleable, stand-alone…
Read MoreHow 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.…
Read MoreHow 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 MoreOver-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 MoreThe 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 MoreWorthless 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 MoreIndependent Inventors are a Walking Malpractice Suit
Independent inventors are terrifying for patent attorneys. As I began to learn patent law 20+ years ago, a senior attorney described independent inventors as “walking malpractice lawsuits”. His way of handing independent inventors was to not tell them anything, and for the client to decide the best course of action. The client had to become…
Read MoreWhy 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 MoreProblems 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. The attorney/client relationships HURTS startup companies when it comes to patents. The attorney/client relationship can be a problem, especially in areas of business. Because of the ultra-high importance of this relationship, the…
Read More