Category: Patent Drafting
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USPTO’s Track One vs Patent Prosecution Highway
Updated April 2020 Screenshot taken 5 Apr 2021 from https://www.uspto.gov/dashboard/patents/pendency.html Why the USPTO’s Track One[1] is the mark of a lazy patent attorney. If your patent attorney is suggesting “Track One” to expedite your patent…
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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. …
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Investment Grade Patents Start with a Solid Foundation
Photo by Jack Niles on Unsplash An investment-grade patent[1][2] starts with a solid foundation. Most patents are worthless[3], and getting a good patent is less about finding the gem as much as removing the dirt…
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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,…
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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…
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Worthless Patents – How to Avoid the Biggest Pitfalls
Airplane wreckage on black sand beach, Iceland Worthless patent[1]s: 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…
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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…
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Patents that “Hide the Ball”
Photo by Caleb Woods on Unsplash 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…
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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…
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Writing 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…