Intellectual Property Strategies Archives

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…

Webinar: 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.

Patents in a Business Context

Why patents as a “lottery ticket” is a losing proposition. A business owner makes hard business decisions, especially when it comes to IP. There is only so much money and so much time, so how do you decide? Patents represent enormous potential value, and they feel like a lottery ticket. The risk to reward –…

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 USPTO – and your patent attorney. They should be avoided at all costs. In most cases, a terminal disclaimer is…

USPTO Abandonment Rate Nearly Tripling Since COVID

Patents are being abandoned at historically high rates, pointing to a lack of confidence in the future. An updated analysis by BlueIron shows that the COVID crisis has markedly affected business’s IP strategy. A previous analysis done in March is here. The abandonment rate has shot up since COVID started, especially for Small Entities, which…

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 inhouse patent counsel, they outsource their patents to outside counsel who have a financial incentive to keep a patent pending…

Are you thinking of giving up on your patent application? Think again. Patent financing is available.

Many companies are abandoning their patent applications. In fact, the abandonment rate has tripled since the Covid-19 crisis began. However, there is specialized financing to keep your patents pending – and even build out a bigger portfolio – so you will be in a powerful position when the economy opens up again. BlueIron is the…

Data Driven Patents

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 interesting characteristic is that the…

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 nuanced with few bright lines. That is just the way it is. The real problem is the patent applicants, not…