Posts Tagged ‘patent claims’
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 let them deal with it. Right? Sadly, I see the results of this over and over in poor quality IP…
Read MorePatent 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 current obsession and endless handwringing over the USPTO’s DOCX filing requirement. The issue is that the USPTO prefers that you…
Read MoreEvery 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 was an old joke in the Patent Office that when a claim is longer than your hand, it must be…
Read MoreCommunication 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 invalidate a patent or discredit the patent owner. There are things you should never say to your patent attorney, at…
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 MorePatents 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 patents. Each patent representing a “good idea” of some inventor who thought it would make some money. A widely quoted…
Read MoreTerminal 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…
Read MoreUSPTO’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 case – be wary. It is a trap. I would go so far as to say that Track One is…
Read MoreShould 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 the patent community is that provisional patent applications are a good thing. They are not. (You can learn more at…
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