Posts Tagged ‘Patent Attorney’
Investment Grade Patents are not for Patent Trolling
They are for business negotiations. Patent trolling is the business of extortion. Generally, patent trolling is when someone sues for patent infringement[1] but is willing to settle for less than the cost of litigation. It is extortion, pure and simple. Patent litigation will cost at least $500,000 in attorney’s fees to get to the first…
Read MoreWalking Dead and Their Patents
The Myth that You Want An Early Filing Date When I studied for the patent bar exam, it seemed that every other question was about priority dates. The priority date is when time stands still. Anything that is done before that date is “prior art,” and anything afterwards does not matter. Examiners cannot use any…
Read MorePatents Enable Innovation – not the other way around
Sophisticated companies view patents as *enabling* innovation, not as a result of it. This comes from a much more holistic view of IP protection. Startups and first time entrepreneurs/inventors focus on “protecting” their investment in R&D through patents. This report highlights a much more sublime – and much more powerful – use of patents. Clarivate…
Read MoreIP Theft by an “Angel” Investor
An angry “angel” investor commits federal crimes by stealing IP. How an investor stole intellectual property from a portfolio company. This is a true story. Sadly, predatory actions by so-called “angel” investors are more common than it should be. An angel investor has a portfolio of maybe a dozen startup companies. This investor takes a…
Read MoreWhat Is Patent Infringement?
Patent infringement is when someone else uses your patented idea without permission. The strict, legal definition is when someone infringes or performs every limitation of at least one patent claim. This is found in 35 USC 271. Many inventors and entrepreneurs believe that having a patent means they are “protected.” Having a patent just means…
Read MoreLawsuit dismissed for undetectable software patent claims
Summary: Undetectable[1][2] claims are a huge problem during litigation. This highlights the disconnect between what the patent attorney does during examination – and what the litigator needs to successfully sue infringers. DataWidget vs Mailchimp Datawidget sued Mailchimp for patent infringement[3], but the case was dismissed because the patent claims were undetectable. The patent being asserted…
Read MoreIP Due Diligence Checklist
Due diligence is essential for any business deal, and IP due diligence[1] 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…
Read MoreHow Much Does A Patent Cost?
Updated 23 July 2023 The average cost of a utility patent in the US is over $50,000. This is just the cost to file a utility patent application and the patent examination process. It does not cover the cost of enforcing your patent, which can be in the millions. All patent owners should have patent…
Read MoreHow to Find a Realistic Patent Value
Updated 15 Aug 2025. The biggest factor to determine a patent’s value: revenue. A realistic patent valuation[1][2] 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…
Read MoreProvisional Patent Applications are Always Wrong for Your Business
Updated 22 Dec 2021 Provisional patent[1] applications are misunderstood by many inventors, investors, and even patent attorneys. There is a notion that somehow a provisional patent application is good for inventors and startup companies. Let me be clear: there is nothing worse than a provisional patent application from a business standpoint. There is no reason…
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