Working with Attorneys
IP Due Diligence Checklist
Due diligence is essential for any business deal, and IP due diligence[1] is shockingly left out of the equation for most angel investors and venture capital investors. Due diligence is hard work. Doing it well will get your hands dirty. Introduction to IP Due Diligence Any due diligence exercise, especially IP due diligence, involves turning…
Read MoreHow Much Does A Patent Cost?
Updated 23 July 2023 The average cost of a utility patent in the US is over $50,000. This is just the cost to file a utility patent application and the patent examination process. It does not cover the cost of enforcing your patent, which can be in the millions. All patent owners should have patent…
Read MoreHow to Find a Realistic Patent Value
Updated 15 Aug 2025. The biggest factor to determine a patent’s value: revenue. A realistic patent valuation[1][2] can be determined using many of the same techniques used to value businesses. However, it all depends on whether someone is actively copying your invention. How to value a patent all depends on whether there is product in…
Read MoreProvisional Patent Applications are Always Wrong for Your Business
Updated 22 Dec 2021 Provisional patent[1] 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 MoreThe “Walking Malpractice Suit”
The Attorney/Client Relationship[1] 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 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[1] 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 MoreI’m A Recovering Patent Attorney
What is Really Wrong with the Patent System I am a “recovering patent attorney.” I became a patent attorney after years as an engineer. I went to a patent attorney and I expected my patent attorney to help me, but I was sorely disappointed. I was so disappointed that I took the Patent Bar Exam,…
Read MoreHow to Spot Bad Patents
Investment-Grade Patent[1][2]s represent only a small sliver of the patent universe. Their value comes from a huge amount of research and thought. However, bad patents are easy to spot. These less-than-optimal patents have certain characteristics that can easily be identified by anyone: the inventor, the investor, or anyone in litigation. Use this as a first…
Read MoreTerminal Disclaimers – One for the Price of Two
Terminal disclaimers are costly for the client – but an easy money maker for patent attorneys. Terminal disclaimers are where you pay twice to get the same thing. They are a money maker for the USPTO – and your patent attorney. They should be avoided at all costs. In most cases, a terminal disclaimer is…
Read More