Patent Strategy
How to Spot Bad Patents
Investment-Grade Patents represent only a small sliver of the patent universe. Their value comes from a huge amount of research and thought. However, bad patents are easy to spot. These less-than-optimal patents have certain characteristics that can easily be identified by anyone: the inventor, the investor, or anyone in litigation. Use this as a first…
Read MoreWebinar: IP Due Diligence in Two Questions
There are two questions to ask every time you are dealing with patents: Can you tell if someone infringes? How hard is it to design around your patent? With these two questions, you are 90% of the way there on IP due diligence. Here is my presentation to Band of Angels in October, 2020.
Read MoreThe Light Bulb is the Worst Symbol of Invention
Invention is the heavy lifting of 1000’s of failed experiments, not a grand vision that pops into someone’s head. The light bulb is the universal symbol of “invention.” It is the worst – and best – example of invention, but not in the way you think it is. Invention has been portrayed in lore as…
Read MorePatents in a Business Context
Why patents as a “lottery ticket” is a losing proposition. A business owner makes hard business decisions, especially when it comes to IP. There is only so much money and so much time, so how do you decide? Patents represent enormous potential value, and they feel like a lottery ticket. The risk to reward –…
Read MoreTerminal Disclaimers – One for the Price of Two
Terminal disclaimers are costly for the client – but an easy money maker for patent attorneys. Terminal disclaimers are where you pay twice to get the same thing. They are a money maker for the USPTO – and your patent attorney. They should be avoided at all costs. In most cases, a terminal disclaimer is…
Read MoreIs Your Patent Examiner Awful? One of the Patent Myths
The Myth that the Patent Examiner does not understand your invention. One of the myths that is perpetuated by the patent bar is that the examiners somehow do not understand your invention. The truth is that the examination process is far better than most patent attorneys will admit, and that is part of why startups…
Read MoreValuable patents solve contradictions
Amazon’s One-Click patent is the epitome of “non-obviousness” Inventions are not obvious – they have to solve some kind of contradiction. This idea holds true for businesses. Startups that can solve a contradiction in the market have a particular advantage – and so do patents. One of the most talked-about inventions 10 or 15 years…
Read MoreMy first invention
My first job out of college was at McDonnell Aircraft in St. Louis. At the time, we made military fighter jets: the F-15, F-18, and Harrier AV-8B. I was assigned to a little research group exploring different ways to use thermoplastic composites. It was there that I had my first “invention.” I wrote up a…
Read MoreWhy Marketing Is More Important than Patents
Entrepreneurs have been fed this lie that the first thing they need to do is get a patent, then work on the business. This is a bad strategy. As an investor who finances IP for startups, I want some data to support the investment in patents. The best strategy is to do the marketing first,…
Read MoreVenture Capital Investments in Patent-Heavy Companies is Down Substantially
The Alliance of US Startups and Inventors for Jobs (USIJ) issued a report in July 2020 showing how Venture Capital has shied away from patent-intensive startups over most of the last two decades. This corresponds with the undermining of the US patent system through several Supreme Court cases during the period. You can get the…
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