Patent Strategy
Over-broad Patents Are No Longer A Good Thing
It used to be that “broad” patents were the best things for litigation. That is no longer the case. A patent drafting theory from 10 years ago was to draft a patent with the loosest language possible and go for claims that are nebulous. This drafting theory results in extremely broad descriptions of an invention…
Read MoreThe Patent Box – Part of European Patent Reform
The United Kingdom’s Patent Box is a tax incentive to have IP protection – is it coming to America? The UK has a tax incentive called the Patent Box. In essence, profits derived from patented technology are taxed at a very low rate – 10% – while other profits are taxed at their normal rate.…
Read MoreWorthless Patents – How to Avoid the Biggest Pitfalls
Worthless patents: they don’t have to be that way. Worthless patents happen for two reasons: the original invention was not selected properly and the patent was poorly prosecuted with the patent examiner. Properly selecting the invention is crucial for getting a good patent. Your conventional patent attorney will tell you if there is prior art,…
Read MoreWhat Do Patents Actually Cost?
How much does a patent cost? The US average is about $60,000. There is a more detailed article on patent costs here. The patent process involves two major phases. Patent “preparation” is when the patent is originally drafted and filed with the patent office, and patent “prosecution” is the back and forth that happens with…
Read MoreStatistical Correlation Between Patent Ownership and Success
The more patents you own – and the better they are – the better your chances of success. France Brevets, a French sovereign investment fund, has published a report (in English) that correlates success of venture-backed startups with the patents held by the startup. As you would think the chances of success by the company…
Read MorePatent Holding Companies and Ownership Issues
BlueIron uses a conventional patent holding company structure to separate the ownership and control of a patent portfolio. In this construct, an operating company has full control of the assets, even though the patent assets are held in a separate company. The BlueIron arrangement gives the operating company full control of the assets through an…
Read MoreProblems Caused by the Attorney/Client Relationship
The attorney/client relationship is one of the most sacred and important tenants of the US legal system, but it causes weird side effects. The attorney/client relationships HURTS startup companies when it comes to patents. The attorney/client relationship can be a problem, especially in areas of business. Because of the ultra-high importance of this relationship, the…
Read MorePatents that are Bad Stand-Alone Investments
How BlueIron Evaluates Patent Investments. We do not invest in technologies where we don’t think there is a market for the patents alone. BlueIron treats client’s patents like collateral for loans. Our investment is protected only by the value that the patents would have on the open market, if the client walks away from the…
Read MorePatents that “Hide the Ball”
I had a telephone interview with a patent examiner the other week and in the course of the interview, the examiner said that he really liked my patent application because I did not try to hide the ball with the invention. I was originally taught to write patent applications by obfuscating the invention. Specifications are…
Read MoreBlueIron’s Patent Rating Checklist
A Patent Checklist to find out: How good is your invention? The spreadsheet contains many of the parameters discussed in BlueIron’s blog posts on patent due diligence.Please let us know if you have any suggestions/comments to make the checklist a better tool.
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