Category: Patent Strategy
-
Risks of Investing in Government-Sponsored Research
“March-in” rights under 37 CFR 401.6 allow the government to re-possess a patent using a very arbitrary process. One reason NOT to invest in startups based on government-sponsored research, including patents from universities. Inventors can…
-
Showing Up – The Simplest Thing
Being a good steward of capital is the only metric that matters. As an early stage investor, I have only one meaningful metric: a good steward of capital. We do lots of due diligence, dig…
-
Contingency Fee Litigation Is Only a Last Resort
If you are having to do contingency fee litigation on your patents, you did something wrong. Contingency fee litigation is a unique feature of American Law, where attorneys perform some or all of the litigation…
-
IP Theft – Starting that “Side Project”
“He doesn’t own my brain” – Oh, yes he does. Doing the entrepreneurial gig is hard. There are countless barriers and endless hurdles to overcome, and many entrepreneurs relentlessly power through them. But stealing IP…
-
Licensing Inventions from Independent Inventors
Understanding motivations is key. I was an engineer for 13 years before switching to patent law, which was over 20 years ago. My engineering career was mostly in the manufacturing side, designing fixturing and tooling…
-
Ideas from Outsiders: Not Always a Good Bet
Many entrepreneurs attempt to start businesses by coming into an industry as an outsider. As an angel investor, I generally don’t like these kinds of entrepreneur situations – and I especially do not like independent…
-
Method Claims and Undetectability
Why these types of claims can be harmful to an inventor – and when they make a patent unenforceable. Method claims are especially difficult to detect, but they have another twist that makes them less…
-
Unintended Consequences of Business Decisions
Every decision has consequences. Some can be spectacular. My first job after college was at McDonnell Douglas, a (former) giant airplane company in St. Louis. It was at the very tail end of the Cold…
-
Lots of inventors means lots of problems.
There are many patents that have many inventors. It is not uncommon to see 4, 5, 6, or even more inventors listed on a patent. In fact, there are over 200 patents with at least…
-
Patent Value – Revenue is the only factor that matters.
(Updated 22 July 2023.) TL;DR: Realistic patent valuations are based on *context*. I can tell your patent value by how much revenue it produces. If your patent is infringed, I can calculate possible damages and…