Working with Attorneys
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 realistic, practical definition. The legal definition of a co-inventor is anyone who contributes at least one limitation to one claim…
Read MoreLots 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 25 inventors – some have 130+ inventors! This is a huge problem. I understand the desire to ‘reward’ team members…
Read MoreTwo 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 is where you describe your invention, and the claims is the protection that you get when the patent is granted.…
Read MoreYou – 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. Byrne was a landscaper. He developed his invention so that he could use the string trimmer for edging a sidewalk. …
Read MoreThe 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 the front page of your patent. There are two kinds of references on the front page: those with stars and…
Read MoreInvestment 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 is extortion, pure and simple. Patent litigation will cost at least $500,000 in attorney’s fees to get to the first…
Read MoreWalking 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. Anything that is done before that date is “prior art,” and anything afterwards does not matter. Examiners cannot use any…
Read MoreIP 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 than it should be. An angel investor has a portfolio of maybe a dozen startup companies. This investor takes a…
Read MoreWhat 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 USC 271. Many inventors and entrepreneurs believe that having a patent means they are “protected.” Having a patent just means…
Read MoreLawsuit dismissed for undetectable software patent claims
Summary: Undetectable[1][2] claims are a huge problem during litigation. This highlights the disconnect between what the patent attorney does during examination – and what the litigator needs to successfully sue infringers. DataWidget vs Mailchimp Datawidget sued Mailchimp for patent infringement[3], but the case was dismissed because the patent claims were undetectable. The patent being asserted…
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