Posts Tagged ‘Intellectual Property Strategies’

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.

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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…

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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 –…

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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…

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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…

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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…

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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…

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Patents and Psychology – The Fear of Loss and the Lottery Ticket

The Fear of Loss A patent brings out weird psychology of entrepreneurs and investors alike.  They are their own worst enemy. By the way, this is one of the reasons why the patent system is broken, but not the way you think it is. Note: this is an excerpt from my forthcoming book “Startup IP…

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