Category: Patent Process
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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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The Patent Box – Part of European Patent Reform
The United Kingdom’s Patent Box is a tax incentive to have IP protection – is it coming to America? The UK has a tax incentive called the Patent Box. In essence, profits derived from patented…
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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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Independent Inventors are a Walking Malpractice Suit
Independent inventors are terrifying for patent attorneys. As I began to learn patent law 20+ years ago, a senior attorney described independent inventors as “walking malpractice lawsuits”. His way of handing independent inventors was to…
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Why Patent Attorneys Always Suggest Getting a Patent
Patent Attorney Liability This story is not about only having a hammer and everything looks like a nail. There is more to the story. Think about the patent attorney who is meeting a new client.…
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Problems Caused by the Attorney/Client Relationship
The attorney/client relationship[1] is one of the most sacred and important tenants of the US legal system, but it causes weird side effects. The attorney/client relationships HURTS startup companies when it comes to patents. The…
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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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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…
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Actor Analysis for Patent Infringement
Due Diligence for Patent[1]s – Actor Analysis[2] tells who is the likely infringer. Actor analysis is often overlooked when valuing inventions for patenting, or for valuing patent[3][4]s once they are issued. With actor analysis, we…