Patent Strategy
1% Patent – 99% Execution
As we all know, business is usually 10% idea and 90% execution. The successful companies rarely have the single best product on the market, but they do have successful execution. Startup companies – and any business with a new product – spend more time doing product market fit than anything else. Figuring out what the…
Read MoreData Driven Patents
Updated April 2021. The patent system requires that we look ahead and guess the future. If we are right, there is a huge reward. This process can be powerfully addictive, as it is the same psychology as lottery tickets. Patents are bets that the marketplace will adopt a technology. The interesting characteristic is that the…
Read MoreHow Big Law Hurts Startups
Many inventors and entrepreneurs like to tout their relationship with a Big Law Firm. It is too bad they do not know how the sausage gets made. Touting that Big Law wrote your patents is not a badge of quality I review countless patents for startup companies and talk to lots of entrepreneurs. One of…
Read MoreCramdowns, Receivership, Bankruptcy – Why Patent Financing is Good for Founders and Angels.
BlueIron’s patent financing puts your IP in a Special Purpose Vehicle (SPV) – an LLC that holds your patents. It can be thought of as a lease with a buyout option – similar to leasing a car. A special feature is that it can help you survive a cramdown, receivership, or bankruptcy of your portfolio…
Read MoreUSPTO’s Track One vs Patent Prosecution Highway
Updated April 2020 Why the USPTO’s Track One is the mark of a lazy patent attorney. If your patent attorney is suggesting “Track One” to expedite your patent case – be wary. It is a trap. I would go so far as to say that Track One is the mark of a lazy patent attorney.…
Read MoreThe Entrepreneur and the Angel Investor – The Story of Bad IP Protection.
An angel investor will ask the entrepreneur “Do you have a patent?” The next thing the entrepreneur does is run out and gets a patent. Is this smart? Note: this excerpt is from my forthcoming book “Startup IP Strategy.” The calculus is simple to the entrepreneur: they think a patent will help to raise money,…
Read MoreThe Patent System is Broken – but not in the way you think it is.
The patent system has some weird quirks that makes it feel broken. In truth, you do not want to know how the sausage gets made at the Patent Office, and patent laws are all weirdly nuanced with few bright lines. That is just the way it is. The real problem is the patent applicants, not…
Read MorePatents and Psychology – The Fear of Loss and the Lottery Ticket
The Fear of Loss A patent brings out weird psychology of entrepreneurs and investors alike. They are their own worst enemy. By the way, this is one of the reasons why the patent system is broken, but not the way you think it is. Note: this is an excerpt from my forthcoming book “Startup IP…
Read MoreWhat to Consider When Filing Patents Internationally
Updated 1 Jul 2021 Most Foreign Patents are a Vanity Project Many entrepreneurs like to go after foreign filings. The normal course of business is to file a PCT application, then enter “national phase,” typically about two and a half years later. (“PCT” means Patent Cooperation Treaty, often mistakenly called an “international patent application.” The…
Read MorePatents Help Sell Your Company
(Updated 10 Oct 2021.) IP plays a big role to sell your company, especially if you are a startup company. Most people think about building an IP portfolio for “protection.” Somehow, the patent value is that they can mystically enforce their patent on an infringer. The notion of “protection” is mostly an illusion, unless you…
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