Posts Tagged ‘Design Around’
Myth: Patents Have Intrinsic Value
Why Revenue Is the Only Metric of Value There is a deeply embedded myth in the startup, investor, and legal ecosystems that patents have intrinsic value. That simply owning a patent means you own “something valuable.” That belief is not just wrong — it is dangerously wrong. We have written before about this exact misconception…
Read MoreAI Startups: Protect Everything EXCEPT the Patent
Short version: For most AI companies, patents on “using AI for X” don’t protect you. They backfire by revealing your method while remaining practically unenforceable. The competitive advantage is in your data, processes, distribution, and customers—so protect those and build your business around the reality that competitors can do something similar. The uncomfortable truth about…
Read MoreIP Valuation in a Regulatory Framework
When an invention requires regulatory approval, a patent is a secondary element of intellectual property protection. Regulatory requirements trump patents as the primary form of protection or moat[1] against a business. Medical devices and pharmaceutical inventions operate within a regulatory framework: the Food and Drug Administration. The moat for competitors is to first overcome the…
Read MoreEvery Word Hurts You: Patent Claims
Every Word in the Description Hurts You, and the Claims Hurt You, Too. The length of the claims really matters. The length of the specification is important – but only up to a point. There was an old joke in the Patent Office that when a claim is longer than your hand, it must be…
Read MoreContingency Fee Litigation Is Only a Last Resort
If you are having to do contingency fee litigation on your patents, you did something wrong. Contingency fee litigation is a unique feature of American Law, where attorneys perform some or all of the litigation – and they get paid only if they win. Contingency fee litigation is often associated with the “ambulance chaser” attorneys…
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 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 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 MoreCringeworthy statements: “There is Nothing Like it in the Market”
I hear from inventors and entrepreneurs who proudly state: “there is nothing like it in the market.” I cringe every time I hear this. There are two explanations for this statement. One is that the entrepreneur has uncovered something that seven billion people have overlooked. The other explanation is that seven billion people do not…
Read MoreData 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, as it is the same psychology as lottery tickets. Patents are bets that the marketplace will adopt a technology. The…
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