Patent Portfolio Archives

IP Due Diligence Checklist

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. 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…

How to Find a Realistic Patent Value

(Updated 27 Dec 2021.) A realistic patent valuation 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 the market – not how “cool” the invention is.…

Why patents in September are a bad thing

The USPTO issues more Office Actions in September than any other month. Why is that? The chart above shows the USPTO pendency of First Actions over the last two years. Notice that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have production goals and bonuses.…

How long does it take to get a patent?

It takes, on average, 2-4 years to get a patent from the United States Patent and Trademark Office. But, you can change the speed based on your filing strategy. The chart above shows how long a patent was pending for the patents that issued to Small Entities in the first quarter of 2021. The blue…

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”…

Do Startups Give Up On Their Patents?

Patent valuation can be inferred from how much effort an applicant puts into their patent. One of the common criteria for the more sophisticated patent scoring algorithms is the number of continuation applications. Having a pending application in a patent family is a huge asset. A pending application allows you to create new patent claims…

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…

I Do Not Want a Patent I Do Not Deserve

I do not want an entrepreneur to bet the farm on a patent that has no value. It is really tempting to think that you can get an enormously valuable patent. Then you can dominate some big market and get paid handsomely. Entrepreneurs are fond of saying that their patents are “broad,” and investors desperately…

How long do patents last?

Updated 19 July 2021. How long do US patents last? Different types of patents have different lifespans. All of the answers below are for United States (US) patents. When most people think of patents, they are thinking of utility patents. There are other types of patents, such as design patents and plant patents. Some countries,…

Inhouse vs Outside Patent Counsel

There are Two Types of Lawyers There are two types of patent lawyers: outside counsel and inhouse counsel. Each type of lawyer plays a completely different role, and the two types are at a constant battle with each other. It is not to say that there is a war, but there are diametrically opposed interests…