Category: Working with Attorneys
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Lawsuit 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…
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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…
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How 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…
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How 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…
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Provisional 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…
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The “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…
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Non-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…
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Provisional 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…
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I’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…
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How 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…