Category: Working with Attorneys
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Terminal 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…
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Is Your Patent Examiner Awful? One of the Patent Myths
The Myth that the Patent Examiner does not understand your invention. One of the myths that is perpetuated by the patent bar is that the examiners somehow do not understand your invention. The truth is…
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My first invention
My first job out of college was at McDonnell Aircraft in St. Louis. At the time, we made military fighter jets: the F-15, F-18, and Harrier AV-8B. I was assigned to a little research group…
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Why Your Patent Attorney Does Not Want Your Patent To Be Granted
There is a perverse incentive for your patent attorney to *not* get your patent allowed. It is called “money.” Clients are at the mercy of their patent attorneys. For small companies who do not have…
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Data Driven Patents
Image (C) Russ Krajec 2020 Updated April 2021. The patent system requires that we look ahead and guess the future. If we are right, there is a huge reward. This process can be powerfully addictive,…
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USPTO’s Track One vs Patent Prosecution Highway
Updated April 2020 Screenshot taken 5 Apr 2021 from https://www.uspto.gov/dashboard/patents/pendency.html Why the USPTO’s Track One[1] is the mark of a lazy patent attorney. If your patent attorney is suggesting “Track One” to expedite your patent…
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The Patent System is Broken – but not in the way you think it is.
The patent system has some weird quirks that makes it feel broken. In truth, you do not want to know how the sausage gets made at the Patent Office, and patent laws are all weirdly…
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Patent Myths – “Broad Claims are a Good Thing.”
Inventors like to think that their patents are “broad” and somehow that is good. It is not. The risks with broad patents are that they are more easily invalidated, but it is basically a sales…
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What Are The Costs To Enforce or Defend a Patent?
Two stages of litigation: claim construction and the trail. Post Grant Review (or Inter-Partes Review) Patent litigation can be very expensive, and the costs of litigation go up considerably with the amount of money at…
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Why Startup Patents Are Doomed From The Start
Patents for small companies are fundamentally different from patents for large companies. The decisions made – and skills needed – to develop the two are very different. Old tractor in the Alpine meadows There are…