Tag: Detectability
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Why Patent Competence Is a C-Suite Responsibility
Why outsourcing it to a patent attorney is one of the most common — and expensive — mistakes founders make There’s a simple test for whether a patent actually matters: Did it change your competitor’s…
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Are Patents Still Relevant in the Age of AI?
The cost to build software is collapsing. Not slowly. Not incrementally. It’s collapsing fast enough that entire assumptions about startups, competition, and defensibility no longer hold. AI has changed the economics of software development in…
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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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Damage Control: Filing Patents After An Employee Leaves
Capturing ideas so you own them can limit the damage a key employee might inflict when they go to a competitor. A company-wide strategy for patents can have ancillary benefits when dealing with employee issues. Let’s…
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Method Claims and Undetectability
Why these types of claims can be harmful to an inventor – and when they make a patent unenforceable. Method claims are especially difficult to detect, but they have another twist that makes them less…
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Examples of Undetectable Inventions
This past week, I looked at a couple companies and their IP. Both had an interesting but fundamental problem that made their IP worthless. We will talk about one of them in this post. I…
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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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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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Detectability is a Key Factor for Patent Value
Updated 16 Jan 2022. Patents Need to be Detectable. This may appear to be an obvious statement, but people pour money into patents where infringement simply cannot be detected. Here’s a case where undetectable software…