Category: Patent Process
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Detectability is a Key Factor for Patent Value
Updated 16 Jan 2022. Patents Need to be Detectable. This may appear to be an obvious statement, but people pour money into patents where infringement simply cannot be detected. Here’s a case where undetectable software…
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How Much Does A Patent Cost?
Updated 23 July 2023 The average cost of a utility patent in the US is over $50,000. This is just the cost to file a utility patent application and the patent examination process. It does…
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Only Gullible Angel Investors fall for Provisional Patents
Provisional patent[1] applications are the worst things for angel investors. What is a provisional patent application? A provisional patent application, sometimes called a “provisional” or “PPA,” is the single worst thing a startup can do…
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Provisional Patent Applications are Always Wrong for Your Business
Updated 22 Dec 2021 Provisional patent[1] applications are misunderstood by many inventors, investors, and even patent attorneys. There is a notion that somehow a provisional patent application is good for inventors and startup companies. Let…
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The “Walking Malpractice Suit”
The Attorney/Client Relationship[1] for Patent Attorneys has Some Weird Nuance. The fiduciary responsibility (and the fear of being sued for malpractice) is why attorneys explain everything in dreadful detail. It is not just that they…
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HP CapShare: How a failed product yielded huge revenue
HP’s CapShare hand-held scanner is a great example of patents that come from problems solved on they way to the vision – not the vision itself. Patents can be vehicles for spinning out technologies. When…
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Why patents in September are a bad thing
The USPTO issues more Office Actions in September than any other month. Why is that? USPTO Data for Pendency The chart above shows the USPTO pendency of First Actions over the last two years. Notice…
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How long does it take to get a patent?
It takes, on average, 2-4 years to get a patent from the United States Patent and Trademark Office. But, you can change the speed based on your filing strategy. How long does it take to…
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Non-transitory storage media
If you have a patent claim with the term “non-transitory storage media” – you should find another patent attorney. The history of the “non-transitory storage media” claims. Who can you sue with a “non-transitory storage…
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Provisional Patent Applications Hurt Startups
Bad Strategies for Startup Patents The patent bar does a terrible job of serving smaller clients – and provisional patent[1] applications are a glaring example. In fact, they are taking advantage of them and causing…