Posts Tagged ‘Patent Drafting’

Non-transitory storage media

If you have a patent claim with the term “non-transitory storage media” – you should find another patent attorney. The history of the “non-transitory storage media” claims. Who can you sue with a “non-transitory storage media” claim? Problems with the “non-transitory storage media” claims. What you can tell if your attorney uses “non-transitory storage media”…

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Invention Mistakes Made at the “Idea Stage”

Patent Mistakes People Make At The Idea Stage Patents at the idea stage represent a huge risk because there just is not any data to support an investment in a patent. A patent attorney would mitigate this risk by putting everything you know – and plenty of additional speculation – into your patent application. From…

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IP Due Diligence in Two Questions

There are two questions to ask every time you are dealing with patents: Can you tell if someone infringes? How hard is it to design around your patent? With these two questions, you are 90% of the way there on IP due diligence. Here is my presentation to Band of Angels in October, 2020.

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IP due diligence for startups

Due diligence is essential for any business deal, and IP due diligence is shockingly left out of the equation for most angel investors and venture capital investors. IP is left out for good reason: most patents are worthless. This patent due diligence checklist helps anyone evaluate IP and patents – and weed out 95% of…

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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 USPTO – and your patent attorney.  They should be avoided at all costs.  In most cases, a terminal disclaimer is…

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Valuable patents solve contradictions

Amazon’s One-Click patent is the epitome of “non-obviousness” Inventions are not obvious – they have to solve some kind of contradiction.  This idea holds true for businesses.  Startups that can solve a contradiction in the market have a particular advantage – and so do patents. One of the most talked-about inventions 10 or 15 years…

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What Does A Quality Patent Look Like?

What does a quality patent look like? We evaluate patents every day.  We underwrite investments in intellectual property, either for financing patents before they are written or for providing loans against patents that already exist.  After doing this for a long time, there are certain elements that we evaluate every time we pick up a…

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Provisional Patent

In almost all circumstances, an entrepreneur or startup company should NOT get a provisional patent application. The main purpose of the provisional patent application is to *delay* the patent process. A delay is very useful for circumstances, such as pharmaceuticals, where most of the value of the patent is at the end of the patent…

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