Patent Strategy
What Is Patent Infringement?
Patent infringement is when someone else uses your patented idea without permission. The strict, legal definition is when someone infringes or performs every limitation of at least one patent claim. This is found in 35 USC 271. Many inventors and entrepreneurs believe that having a patent means they are “protected.” Having a patent just means…
Read MoreLawsuit dismissed for undetectable software patent claims
Summary: Undetectable claims are a huge problem during litigation. This highlights the disconnect between what the patent attorney does during examination – and what the litigator needs to successfully sue infringers. DataWidget vs Mailchimp Datawidget sued Mailchimp for patent infringement, but the case was dismissed because the patent claims were undetectable. The patent being asserted…
Read MoreHow Patent Pools Work
Patent pools and standards essential patents are the Holy Grail of intellectual property. Patent pools are sophisticated ways that companies can bring technology together, cross license them, and license that package of intellectual property to the market. For many major technologies, such as Bluetooth, MPEG, 3G, 4G, and even electric vehicle charging, companies have banded…
Read MoreFinancing patents for pre-angel or pre-seed startups
Good patents only come from a good business BlueIron provides financing for patents – but only when the patent makes good business sense. When we finance patents, we do extensive due diligence to make sure the patents will have value before our investment. We have skin in the game. In this article, we talk about…
Read MoreIP Due Diligence Checklist
Due diligence is essential for any business deal, and IP due diligence is shockingly left out of the equation for most angel investors and venture capital investors. Due diligence is hard work. Doing it well will get your hands dirty. Introduction to IP Due Diligence Any due diligence exercise, especially IP due diligence, involves turning…
Read MoreHow Much Does A Patent Cost?
Updated 23 July 2023 The average cost of a utility patent in the US is over $50,000. This is just the cost to file a utility patent application and the patent examination process. It does not cover the cost of enforcing your patent, which can be in the millions. All patent owners should have patent…
Read MoreHow Patent Licensing Works
On a small scale, a patent owner might worry about creating patents that can be asserted against competitors. The plan is to stop a competitor from copying. These thoughts are often where a startup stops the analysis. This concept is the essence of a good patent. But what happens when you get the patent? How…
Read MoreHow to Find a Realistic Patent Value
(Updated 22 July 2023.) The biggest factor to determine a patent’s value: revenue. A realistic patent valuation can be determined using many of the same techniques used to value businesses. However, it all depends on whether someone is actively copying your invention. How to value a patent all depends on whether there is product in…
Read MoreOnly Gullible Angel Investors fall for Provisional Patents
Provisional patent applications are the worst things for angel investors. What is a provisional patent application? A provisional patent application, sometimes called a “provisional” or “PPA,” is the single worst thing a startup can do to “protect” themselves. And angel investors have been led to believe that this is a good strategy. I assure you,…
Read MoreManagement of Patent Risk
Cipher.ai regularly releases some very interesting articles on patent risk. Their November 2021 article on “Management of Patent Risk” is available here. Cipher.ai surveyed 122 companies to look at strategies for handling IP risk. The IP risks are several. Cipher.ai uses the risk categories outlined in Edison in the Boardroom: Intrinsic risk – the risk…
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