Patent Process
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 not cover the cost of enforcing your patent, which can be in the millions. All patent owners should have patent…
Read MoreOnly 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 to “protect” themselves. And angel investors have been led to believe that this is a good strategy. I assure you,…
Read MoreProvisional 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 me be clear: there is nothing worse than a provisional patent application from a business standpoint. There is no reason…
Read MoreThe “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 bill by the hour. The attorneys are trying to lay all the options out on the table and make sure…
Read MoreHP 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 any company is exploring a new space, they encounter problems that need to be solved. In many cases, other companies…
Read MoreWhy 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 that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have…
Read MoreHow 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 get a patent? Depends on your strategy. The chart above shows how long a patent was pending for the patents…
Read MoreNon-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 media” claim? Problems with the “non-transitory storage media” claims. What you can tell if your attorney uses “non-transitory storage media”…
Read MoreProvisional 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 harm to the clients they are supposed to serve. The graph shows a recent snapshot of office actions over the…
Read MoreTypes of Patents
What are the different types of patents? Patents have been the bedrock of innovation, powering the innovations of our early republic, through the Industrial Revolution and patents continue to play a big role in today’s technology improvements. Over 10,000,000 patents have been issued by the United States Patent and Trademark Office, and over 400,000 are…
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