Patent Strategy
Why Your Patent Attorney Does Not Want Your Patent To Be Granted
There is a perverse incentive for your patent attorney to *not* get your patent allowed. It is called “money.” Clients are at the mercy of their patent attorneys. For small companies who do not have inhouse patent counsel, they outsource their patents to outside counsel who have a financial incentive to keep a patent pending…
Read MoreAre you thinking of giving up on your patent application? Think again. Patent financing is available.
Many companies are abandoning their patent applications. In fact, the abandonment rate has tripled since the Covid-19 crisis began. However, there is specialized financing to keep your patents pending – and even build out a bigger portfolio – so you will be in a powerful position when the economy opens up again. BlueIron is the…
Read MoreEffects of COVID-19 on Patents – Twice The Number of Abandonments
As companies hunker down for the effects of the COVID-19 virus, they are abandoning their IP protection at TWICE the normal rate. And it is likely to go up much further. AND this has never happened before. BlueIron’s study looked at recent USPTO abandonments to see what, if any, effects were from COVID-19. The results…
Read More1% 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
Image (C) Russ Krajec 2020 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…
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.
Photo by Scott Osborn on Unsplash 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,…
Read MoreUSPTO’s Track One vs Patent Prosecution Highway
Updated April 2020 Screenshot taken 5 Apr 2021 from https://www.uspto.gov/dashboard/patents/pendency.html Why the USPTO’s Track One[1] 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…
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.” Photo by Tommaso Pecchioli on Unsplash The calculus is simple to the entrepreneur: they think a…
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…
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