Intellectual Property Strategies Archives

Provisional Patent Applications Hurt Startups

Bad Strategies for Startup Patents The patent bar does a terrible job of serving smaller clients – and provisional patent applications are a glaring example. In fact, they are taking advantage of them and causing harm to the clients they are supposed to serve. The graph shows a recent snapshot of office actions over the…

Do Startups Give Up On Their Patents?

Patent valuation can be inferred from how much effort an applicant puts into their patent. One of the common criteria for the more sophisticated patent scoring algorithms is the number of continuation applications. Having a pending application in a patent family is a huge asset. A pending application allows you to create new patent claims…

Invention Mistakes Made at the “Idea Stage”

Patent Mistakes People Make At The Idea Stage Patents at the idea stage represent a huge risk because there just is not any data to support an investment in a patent. A patent attorney would mitigate this risk by putting everything you know – and plenty of additional speculation – into your patent application. From…

Using Patents as Blackmail

A case study on why you need the right inventors agreements for a startup: a former employee turns patent troll. My company finances patents for small to medium sized companies, so I often get inquires from people who want to build out a patent portfolio. A while ago, I received a call from an inventor…

How long do patents last?

How long do US patents last? Different types of patents have different lifespans. All of the answers below are for United States (US) patents. How long do utility patents last? Utility patents last 20 years from the earliest priority or 17 years from the date of issue, whichever is longer. Note that you must pay…

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 attorney to help me, but I was sorely disappointed. I was so disappointed that I took the Patent Bar Exam,…

Inhouse vs Outside Patent Counsel

There are Two Types of Lawyers There are two types of patent lawyers: outside counsel and inhouse counsel. Each type of lawyer plays a completely different role, and the two types are at a constant battle with each other. It is not to say that there is a war, but there are diametrically opposed interests…

How to Spot Bad Patents

Investment-Grade Patents 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 that can easily be identified by anyone: the inventor, the investor, or anyone in litigation. Use this as a first…

IP Due Diligence in Two Questions

There are two questions to ask every time you are dealing with patents: Can you tell if someone infringes? How hard is it to design around your patent? With these two questions, you are 90% of the way there on IP due diligence. Here is my presentation to Band of Angels in October, 2020.

IP due diligence for startups

Due diligence is essential for any business deal, and IP due diligence is shockingly left out of the equation for most angel investors and venture capital investors. IP is left out for good reason: most patents are worthless. This patent due diligence checklist helps anyone evaluate IP and patents – and weed out 95% of…