Patent Drafting and Claim Writing
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 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 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 MoreHow 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 MorePatents that “Hide the Ball”
I had a telephone interview with a patent examiner the other week and in the course of the interview, the examiner said that he really liked my patent application because I did not try to hide the ball with the invention. I was originally taught to write patent applications by obfuscating the invention. Specifications are…
Read MoreBlueIron’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 checklist a better tool.
Read MoreWriting Your Own Patent
Writing your own patent? Do a business plan first. Some inventors write their own patent applications. This can be a very valuable exercise because forcing yourself to put the invention down on paper can help you better understand the invention, as well as think through new versions of the invention. In many cases, these pro…
Read MoreActor 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 MoreConsidering Constraints When Evaluating Patentable Ideas
When all you have is a hammer, everything looks like a nail. Every invention has a set of constraints, and it is imperative to uncover and evaluate them when considering patenting. This applies to an inventor or business manager who is trying to ferret out ideas contained in a new product as well as the…
Read MoreA good patent is easy to read
A good patent is easy to read. If you can’t understand your patent application, neither can the patent examiner. Many people tell me that they did not understand their patent application because their attorney used “legalese”. Some even joke that it was so dense that they did not even know if their invention was in…
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