Patent Drafting and Claim Writing

Data Driven Patents

Updated April 2021. The patent system requires that we look ahead and guess the future.  If we are right, there is a huge reward.  This process can be powerfully addictive, as it is the same psychology as lottery tickets. Patents are bets that the marketplace will adopt a technology.  The interesting characteristic is that the…

Read More

What Does A Quality Patent Look Like?

What does a quality patent look like? We evaluate patents every day.  We underwrite investments in intellectual property, either for financing patents before they are written or for providing loans against patents that already exist.  After doing this for a long time, there are certain elements that we evaluate every time we pick up a…

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

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

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

Patents 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 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 checklist a better tool.

Read More