Posts Tagged ‘Intellectual Property’

IP Due Diligence Checklist

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. Due diligence is hard work. Doing it well will get your hands dirty. Introduction to IP Due Diligence Any due diligence exercise, especially IP due diligence, involves turning…

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How to Find a Realistic Patent Value

(Updated 22 July 2023.) The biggest factor to determine a patent’s value: revenue. A realistic patent valuation can be determined using many of the same techniques used to value businesses. However, it all depends on whether someone is actively copying your invention. How to value a patent all depends on whether there is product in…

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The S-Curve, Innovation, and Intellectual Property

Every technology grows on an “S-curve.”  The S-curve cycle is where an idea is born, then it struggles to get product-market fit through infancy.  Once it begins to get traction, there is a period of growth, after which the technology levels out and eventually declines. You can think of the S-curve as the growth cycle…

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How long do patents last?

Updated 19 July 2021. How long do US patents last? Different types of patents have different lifespans.  All of the answers below are for United States (US) patents. When most people think of patents, they are thinking of utility patents. There are other types of patents, such as design patents and plant patents. Some countries,…

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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…

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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…

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The Light Bulb is the Worst Symbol of Invention

Invention is the heavy lifting of 1000’s of failed experiments, not a grand vision that pops into someone’s head. The light bulb is the universal symbol of “invention.”  It is the worst – and best – example of invention, but not in the way you think it is. Invention has been portrayed in lore as…

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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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Is Your Patent Examiner Awful? One of the Patent Myths

The Myth that the Patent Examiner does not understand your invention. One of the myths that is perpetuated by the patent bar is that the examiners somehow do not understand your invention. The truth is that the examination process is far better than most patent attorneys will admit, and that is part of why startups…

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