Category: Patent Strategy
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The Problems with Your Patent Attorney Owning Stock in Your Company
The Ethical Quandary Patent attorneys are entrusted with the responsibility of safeguarding their clients’ intellectual property. This fiduciary duty requires them to act in the best interest of their clients, providing unbiased and objective legal…
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Patent Attorneys’ Misguided Obsession About Costs
Hand wringing amongst patent attorneys show their misguided view of their clients. Patent attorneys work in a bubble that is completely hidden from laypersons, but is an incredibly loud echo chamber. An example is the…
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Every Word Hurts You: Patent Claims
Every Word in the Description Hurts You, and the Claims Hurt You, Too. The length of the claims really matters. The length of the specification is important – but only up to a point. There…
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How Long Provisional Applications Hurt You
How Your Own Prior Art Can Kill You I had a client whose inventor would write long provisional patent[1] applications. He would think through all the options of his inventions, and he would include every…
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Patent Descriptions: Every Word Hurts You
Every Word in a Patent Application Hurts You The patent application has two parts: the specification and the claims. Every word in the specification is a trade secret[1] you give away to your competitors. Every…
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Do You Like My Invention?
Inventors often ask for my feedback on their inventions, but the only thing I ask about is revenue. As an investor who focuses on IP, I get asked for feedback on inventions and patents. I…
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Communication Hygiene: Things You Never Say To Your Patent Attorney
Good news in writing – bad news by phone. Inventors have extraordinary power in the patent process, especially in litigation. An inventor’s opinion or comments can often be twisted during litigation and ultimately, used to…
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Avoid Wishful Thinking Patents
I just want “protection,” but I have a run-of-the-mill product. Most startup CEOs want patents because they want ‘protection,’ so they go to a patent attorney. And the patent attorney is in the unfortunate situation…
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Damage Control: Filing Patents After An Employee Leaves
Capturing ideas so you own them can limit the damage a key employee might inflict when they go to a competitor. A company-wide strategy for patents can have ancillary benefits when dealing with employee issues. Let’s…
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Patent Ethics: Is it Ethical for the Patent Attorney to list themselves as an inventor?
The hallmark of a sleazy patent attorney is one who lists themselves as an “inventor” on patents that they write for a client. There is the “legal” definition of an inventor, and there is the…