Tag: patent claims
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Handing the Keys to the Drunken Sailor and Hoping You Get Home
Letting the CTO manage patent policy is bad for business. Some CEOs abdicate their IP policy to the CTO. The CTO spends lots of time with the patent attorney, so it just makes sense to…
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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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Every Word Hurts You: Patent Claims
Every Word in the Description Hurts You, and the Claims Hurt You, Too. The length of the claims really matters. The length of the specification is important – but only up to a point. There…
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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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What 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…
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Lawsuit 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…
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Patents as Lottery Tickets
Patents have an asymmetry of reward. BlueIron capitalizes on this in a different way. Just like the torn up betting tickets at the race track, the patent system is littered with endless stacks of worthless…
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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…
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USPTO’s Track One vs Patent Prosecution Highway
Updated April 2020 Screenshot taken 5 Apr 2021 from https://www.uspto.gov/dashboard/patents/pendency.html Why the USPTO’s Track One[1] is the mark of a lazy patent attorney. If your patent attorney is suggesting “Track One” to expedite your patent…
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Should I File A Provisional Patent Application?
You should never file a provisional patent application. Ever. In every case, a small company or independent inventor is better off by filing a complete, well-written, non-provisional patent application. One of the biggest hoaxes in…