Tag: Patent Attorney
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Assignment Due Diligence: Unassigned Assets
Spotting bad behavior in startup companies. It is heartbreaking to see bad behavior by ‘inventors’ and their startup companies, but it occurs over and over again. Let this lesson be an example of the things…
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Patent Attorneys Do Not Live with Their Mistakes
The Feedback Problem in Patent Law. Patent attorneys typically have zero feedback about the quality of their work product. This is an inherent weakness of the whole patent system. The attorneys do not have to…
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Why You Cannot Hire a Patent Attorney Who Worked for a Competitor
I talk to countless patent holders, and I often hear that their patent attorney did all this work for a direct competitor before doing their patents. Somehow, the client seems to think this is a…
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The Problems with Your Patent Attorney Owning Stock in Your Company
The Ethical Quandary Patent attorneys are entrusted with the responsibility of safeguarding their clients’ intellectual property. This fiduciary duty requires them to act in the best interest of their clients, providing unbiased and objective legal…
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Patent Attorneys’ Misguided Obsession About Costs
Hand wringing amongst patent attorneys show their misguided view of their clients. Patent attorneys work in a bubble that is completely hidden from laypersons, but is an incredibly loud echo chamber. An example is the…
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Patent Descriptions: Every Word Hurts You
Every Word in a Patent Application Hurts You The patent application has two parts: the specification and the claims. Every word in the specification is a trade secret[1] you give away to your competitors. Every…
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Communication Hygiene: Things You Never Say To Your Patent Attorney
Good news in writing – bad news by phone. Inventors have extraordinary power in the patent process, especially in litigation. An inventor’s opinion or comments can often be twisted during litigation and ultimately, used to…
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Avoid Wishful Thinking Patents
I just want “protection,” but I have a run-of-the-mill product. Most startup CEOs want patents because they want ‘protection,’ so they go to a patent attorney. And the patent attorney is in the unfortunate situation…
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Patent Ethics: Is it Ethical for the Patent Attorney to list themselves as an inventor?
The hallmark of a sleazy patent attorney is one who lists themselves as an “inventor” on patents that they write for a client. There is the “legal” definition of an inventor, and there is the…
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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…