Patent Strategy

Are you getting a list of options or a strategy that aligns with your business? Is that “strategy” more tailored to the Law Firm’s billing or your success? Most inventors think that hiring a patent attorney means they’re protected. That’s a mistake. Patent attorneys are trained to give you every possible option. Want a provisional?…

Entrepreneurs are stuck between two polar opposites. On one hand, they are encouraged – endlessly – to hype, hype, hype. The accelerators and incubators want to see astronomical projections, Total Addressable Markets in the trillions, and hockey stick growth. Entrepreneurs need to attract attention, and the more they hype and over promise, the more attention…

The Easiest Way to Spot an Entrepreneur with Imposter Syndrome: They Don’t Have Revenue Some founders will drone on and on telling you how “innovative” they are. They highlight their patents, their clever ideas, their alma mater from decades ago. But without customers and cash flow, that’s just posturing. Real innovation is not what you…

The Patent Cooperation Treaty is the “international patent application.” It is a bundle of 190+ patent applications for virtually every country in the world. Part of this process is an International Search Report, which is your first indication of patentability. When you file a PCT application, you have an option for where you want the…

Track One is a procedural option you have to expedite the examination of your patent application at the USPTO. It has one fatal flaw. The fatal flaw creates an incentive for the examiner to either (1) allow the case quickly with thin examination or (2) kick you out of the program as quickly as possible…

Short version: For most AI companies, patents on “using AI for X” don’t protect you. They backfire by revealing your method while remaining practically unenforceable. The competitive advantage is in your data, processes, distribution, and customers—so protect those and build your business around the reality that competitors can do something similar. The uncomfortable truth about…

Strategic Partnerships are a polite way of saying “we don’t own the most important parts of our business.” Every founder loves to brag about their “strategic partnerships.” The name sounds impressive, but hides a glaring truth: We don’t own the most important parts of our business. Strategic partnerships are not a strategy. They are liabilities.…

Building a company that can be sold is building a different product for a different customer. Serving two masters – but they are compatible. The first master is the customer who buys your product, and the second master is the one who buys your company. Most entrepreneurs lose sight of the fact that the acquiring…

Nobody cares about your technology. Entrepreneurs love to talk about their technology. Endlessly. Ad nauseam. And when it’s time to raise money or sell the company, they make the same mistake: they lead with the tech. But here’s the truth: nobody buys technology. Not your customer. Not your acquirer. Not your investor. They buy a…

If you can’t explain why someone will pay 10x to buy your company, you’re not ready to raise a dime. When you’re raising outside capital — especially from angels or venture funds — you’re not just pitching your company. You’re implicitly making a promise: that their investment will turn into a significant return, typically a…