Posts Tagged ‘Patent Attorney’
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 of having to find something “inventive” amongst a bunch of run-of-the-mill technology. For early stage startup companies, the entrepreneur becomes…
Read MorePatent 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 realistic, practical definition. The legal definition of a co-inventor is anyone who contributes at least one limitation to one claim…
Read MoreMethod 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 important than “apparatus” claims. Method patents are infringed only when and where someone does the method. Method claims can be…
Read MoreLots of inventors means lots of problems.
There are many patents that have many inventors. It is not uncommon to see 4, 5, 6, or even more inventors listed on a patent. In fact, there are over 200 patents with at least 25 inventors – some have 130+ inventors! This is a huge problem. I understand the desire to ‘reward’ team members…
Read MoreThe Myth of an Early Filing Date for a Patent
Updated 23 Oct 2025 Early filing dates are almost always a bad thing, not a good one. Many entrepreneurs are often lulled filing patent applications – especially provisional applications – because they are told that an “early effective filing date” is a good thing. Patent attorneys who are anxious to lock in another client will…
Read MoreLow Hanging Fruit: How Patent Searches Make Your Patent More Valuable
References and Information Disclosure Statements One easy way to spot an above-average patent is the References Cited on the front page. The references are specific pieces of prior art that the examiner considered when evaluating the patent, and they are a good look at how good the patent might be. There are two types of…
Read MoreTwo Parts of a Patent Application: What You Give Away and What You Get In Return
Patent applicants are told that they are getting a “monopoly” on their invention, and that leaves out half of the equation. Patent applications come in two parts – the specification and the claims. The specification is where you describe your invention, and the claims is the protection that you get when the patent is granted.…
Read MoreYou – And Only You – Are Responsible for Your Patent
The sad story of how an inventor was taken advantage of by his patent attorney. In 1989, Steven Byrne invented an accessory to a string trimmer – the ubiquitous ‘weed whacker’ used for landscaping. Mr. Byrne was a landscaper. He developed his invention so that he could use the string trimmer for edging a sidewalk. …
Read MoreThe Importance of Patent Searches
The easiest way to make your patent more valuable: do a patent search. One of the first things everyone sees, including me as I start a patent valuation[1] analysis, is the list of references on the front page of your patent. There are two kinds of references on the front page: those with stars and…
Read MoreFeedback – and the Truth
Good feedback needs to hurt. Anyone who is trying to pitch a new business idea needs to hear the hard truth, whether or not you are an entrepreneur doing the angel investment circuit or you are pitching your boss on upgrading your computer. It may be very uncomfortable to hear the truth, but the worst…
Read More