Patent Strategy
IP Indemnification for Small Companies
I am “too small” to get sued for patent infringement. Many small companies believe, falsely, that they are too small to be sued. Very small companies can be targets for patent trolls, but what happens when their customers are sued? One of my friends had a small startup that had an automated bot for a…
Read MoreThe “Walking Malpractice Suit”
The Attorney/Client Relationship for Patent Attorneys has Some Weird Nuance. The fiduciary responsibility (and the fear of being sued for malpractice) is why attorneys explain everything in dreadful detail. It is not just that they bill by the hour. The attorneys are trying to lay all the options out on the table and make sure…
Read MorePatentsIntegrated Podcast Guest on the Novel and Non-Obvious Podcast
I was a guest on the Novel and Non-Obvious Podcast, hosted by Yoriko Morita of PatentsIntegrated.com. You can listen to the podcast episode here.
Read MoreHP CapShare: How a failed product yielded huge revenue
HP’s CapShare hand-held scanner is a great example of patents that come from problems solved on they way to the vision – not the vision itself. Patents can be vehicles for spinning out technologies. When any company is exploring a new space, they encounter problems that need to be solved. In many cases, other companies…
Read MoreSelling Patents: The Enemy of My Enemy is My Friend
When selling patents, it is tempting to think of competitors or direct infringers as the appropriate people who would be interested in your patent. But the truth is there is a much, much larger pool of companies to consider. I was having lunch with a friend who was chief patent counsel at a company that…
Read MoreWhy patents in September are a bad thing
The USPTO issues more Office Actions in September than any other month. Why is that? The chart above shows the USPTO pendency of First Actions over the last two years. Notice that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have production goals and bonuses.…
Read MoreHow long does it take to get a patent?
It takes, on average, 2-4 years to get a patent from the United States Patent and Trademark Office. But, you can change the speed based on your filing strategy. The chart above shows how long a patent was pending for the patents that issued to Small Entities in the first quarter of 2021. The blue…
Read MoreNon-transitory storage media
If you have a patent claim with the term “non-transitory storage media” – you should find another patent attorney. The history of the “non-transitory storage media” claims. Who can you sue with a “non-transitory storage media” claim? Problems with the “non-transitory storage media” claims. What you can tell if your attorney uses “non-transitory storage media”…
Read MoreProvisional Patent Applications Hurt Startups
Bad Strategies for Startup Patents The patent bar does a terrible job of serving smaller clients – and provisional patent applications are a glaring example. In fact, they are taking advantage of them and causing harm to the clients they are supposed to serve. The graph shows a recent snapshot of office actions over the…
Read MoreDo Startups Give Up On Their Patents?
Patent valuation can be inferred from how much effort an applicant puts into their patent. One of the common criteria for the more sophisticated patent scoring algorithms is the number of continuation applications. Having a pending application in a patent family is a huge asset. A pending application allows you to create new patent claims…
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