Posts Categorized Patent Strategy

How to Find a Good Patent Attorney

How to find a good patent attorney: find two attorneys, and have each one evaluate the other attorney’s work. Here is a simple technique to find a good patent attorney: start with at least *two* candidates. Ask each attorney to give you a sample of their work, and take the sample to the other attorney…. Read more »

How to Make Your Patent Strong Against Inter Partes Reexam

Strengthen your patent against Inter Partes Reexam One of the easiest ways for infringers to challenge an issued patent is through the Inter Partes Reexam process, commonly known as IPR. To successfully challenge a patent, someone has to produce a prior art document that would have changed the examiner’s mind. This is known as raising… Read more »

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 more »

The 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 more »

Worthless 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 more »

What Do Patents Actually Cost?

How much does a patent cost? The US average is about $60,000. 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 the examiner. Typically, the patent preparation phase is what an… Read more »

Statistical 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 more »

Patent 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 more »

Problems 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. Everyone is entitled to a defense, no matter how guilty the person is or appears to be. The attorney/client relationship is a fiduciary relationship, where the attorney MUST act in the best… Read more »

Patents that are Bad Stand-Alone Investments

BlueIron’s business model requires patents that have “commercial value” as stand-alone assets. 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,… Read more »