Patent Strategy
Provisional Patent Applications are Always Wrong for Your Business
Updated 22 Dec 2021 Provisional patent applications are misunderstood by many inventors, investors, and even patent attorneys. There is a notion that somehow a provisional patent application is good for inventors and startup companies. Let me be clear: there is nothing worse than a provisional patent application from a business standpoint. There is no reason…
Read MoreCringeworthy statements: “There is Nothing Like it in the Market”
I hear from inventors and entrepreneurs who proudly state: “there is nothing like it in the market.” I cringe every time I hear this. There are two explanations for this statement. One is that the entrepreneur has uncovered something that seven billion people have overlooked. The other explanation is that seven billion people do not…
Read MorePatents as Lottery Tickets
Patents have an asymmetry of reward. BlueIron capitalizes on this in a different way. Just like the torn up betting tickets at the race track, the patent system is littered with endless stacks of worthless patents. Each patent representing a “good idea” of some inventor who thought it would make some money. A widely quoted…
Read MoreThe Patent System Eliminates Monopolies
Every Word in a Patent Hurts You – So Be Careful The patent system is a quid pro quo – an exchange – where you give away trade secrets and you get back some patent rights. This system has been around since well before the founding of the US and has been codified and refined…
Read MoreIP 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.…
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