Category: Working with Attorneys
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Avoid 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…
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Patent Ethics: Is it Ethical for the Patent Attorney to list themselves as an inventor?
The hallmark of a sleazy patent attorney is one who lists themselves as an “inventor” on patents that they write for a client. There is the “legal” definition of an inventor, and there is the…
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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…
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Two Parts of a Patent Application: What You Give Away and What You Get In Return
Patent applicants are told that they are getting a “monopoly” on their invention, and that leaves out half of the equation. Patent applications come in two parts – the specification and the claims. The specification…
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You – And Only You – Are Responsible for Your Patent
The sad story of how an inventor was taken advantage of by his patent attorney. In 1989, Steven Byrne invented an accessory to a string trimmer – the ubiquitous ‘weed whacker’ used for landscaping. Mr.…
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The Importance of Patent Searches
The easiest way to make your patent more valuable: do a patent search. One of the first things everyone sees, including me as I start a patent valuation[1] analysis, is the list of references on…
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Investment Grade Patents are not for Patent Trolling
They are for business negotiations. Patent trolling is the business of extortion. Generally, patent trolling is when someone sues for patent infringement[1] but is willing to settle for less than the cost of litigation. It…
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Walking Dead and Their Patents
The Myth that You Want An Early Filing Date When I studied for the patent bar exam, it seemed that every other question was about priority dates. The priority date is when time stands still. …
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IP Theft by an “Angel” Investor
An angry “angel” investor commits federal crimes by stealing IP. How an investor stole intellectual property from a portfolio company. This is a true story. Sadly, predatory actions by so-called “angel” investors are more common…
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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…