Startups
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 applications. He would think through all the options of his inventions, and he would include every option he could conceive. The company made battery separators – the thin sponge that goes between the anode and cathode…
Read MoreAvoid 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 of having to find something “inventive” amongst a bunch of run-of-the-mill technology. For early stage startup companies, the entrepreneur becomes…
Read MorePatent 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 likelihood of recovery. If it is not infringed, it has *potential* value, but not *realized* value. In other words, it…
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 MoreAdding to the Skill Stack
One of the smartest things I ever did was to take a job with the intention of adding to my skill stack. I have recommended this to several budding entrepreneurs who are planning on launching a business: take a job in a field where you want more expertise, or one which will help you understand…
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 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…
Read MoreThe S-Curve, Innovation, and Intellectual Property
Every technology grows on an “S-curve.” The S-curve cycle is where an idea is born, then it struggles to get product-market fit through infancy. Once it begins to get traction, there is a period of growth, after which the technology levels out and eventually declines. You can think of the S-curve as the growth cycle…
Read More2020 Has Been The Best Year
Retrospective On 2020 I am sad to see 2020 go. It has been a monumental year in many ways. Lots of things were shaken very hard, and many things broke under the stress, but many things were improved. Life is consistent about one thing: change. You can choose to complain that things are not what…
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