Patent Strategy

How Entrepreneurs Need to Think About Patenting The patent process begins with selecting an invention and evaluating it as harshly as you possibly can.  Selecting an invention for patenting is an iterative process and expect to go back and forth as new information becomes available. There is a huge temptation to ignore all the warning…

References and Information Disclosure Statements One easy way to spot an above-average patent is the References Cited on the front page.  The references are specific pieces of prior art that the examiner considered when evaluating the patent, and they are a good look at how good the patent might be. There are two types of…

Entrepreneurs and inventors have eternal optimism, which is contagious. They are animated, motivated, and have relentless energy when they are striving to their goals. They can be immensely fun (and frustrating) to be around. But are the goals the right goals for them? I have countless video calls with entrepreneurs who are trying to ‘change…

This past week, I looked at a couple companies and their IP. Both had an interesting but fundamental problem that made their IP worthless. We will talk about one of them in this post. I have a great technology – does anyone care? There are lots of companies with various air filtration/disinfectant patents. These are…

Patent applicants are told that they are getting a “monopoly” on their invention, and that leaves out half of the equation. Patent applications come in two parts – the specification and the claims. The specification is where you describe your invention, and the claims is the protection that you get when the patent is granted.…

Your intellectual property is usually the hardest-fought asset you have. Intellectual property, and particularly patents, are often the most valuable intangible assets your company owns. There are several ways to use your IP in finance, and the most straightforward is to borrow against your company’s IP assets. This form of intellectual property financing is becoming…

All of the suggested changes to continuation practices are extraordinary in their breadth and reach, and place severe and staggering restrictions on an Applicant’s ability to craft meaningful and useful claims. Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability…

The USPTO had a “Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights.” I had the opportunity to draft the response for the Angel Capital Association, which you can access here. An abridged copy of my comments were also published by IPWatchDog.com, which are reproduced here: The USPTO Claims…

The sad story of how an inventor was taken advantage of by his patent attorney. In 1989, Steven Byrne invented an accessory to a string trimmer – the ubiquitous ‘weed whacker’ used for landscaping.  Mr. Byrne was a landscaper.  He developed his invention so that he could use the string trimmer for edging a sidewalk. …

The easiest way to make your patent more valuable: do a patent search. One of the first things everyone sees, including me as I start a patent valuation analysis, is the list of references on the front page of your patent. There are two kinds of references on the front page: those with stars and…