Tag: Design Around
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Stop Patenting Your Invention. Start Patenting Your Competitor’s Product.
You spent $50,000 describing what you built. Your competitor read it, built something different, and kept competing. You filed a patent on your product. The claims describe exactly what you built — your architecture, your…
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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…
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AI 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…
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IP 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…
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Every 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…
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Contingency 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…
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You – 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.…
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What 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…
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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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Cringeworthy 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…