Category: Patent Strategy
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IP Indemnification for Small Companies
I am “too small” to get sued for patent infringement[1]. Many small companies believe, falsely, that they are too small to be sued. Very small companies can be targets for patent trolls, but what happens…
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The “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…
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PatentsIntegrated Podcast Guest on the Novel and Non-Obvious Podcast
I was a guest on the Novel and Non-Obvious Podcast, hosted by Yoriko Morita of PatentsIntegrated.com. You can listen to the podcast episode here. Related Articles Why Patent Competence Is a CEO’s Responsibility Are Patents…
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HP 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…
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Selling Patents: The Enemy of My Enemy is My Friend
When selling patents, it is tempting to think of competitors or direct infringers as the appropriate people who would be interested in your patent. But the truth is there is a much, much larger pool…
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Why 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…
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How 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…
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Non-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…
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Provisional 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…
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Do Startups Give Up On Their Patents?
Patent valuation[1][2] can be inferred from how much effort an applicant puts into their patent. One of the common criteria for the more sophisticated patent scoring algorithms is the number of continuation applications. Having a…