Patent Portfolio Archives

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?

How long do US patents last? Different types of patents have different lifespans. All of the answers below are for United States (US) patents. How long do utility patents last? Utility patents last 20 years from the earliest priority or 17 years from the date of issue, whichever is longer. Note that you must pay…

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…

The Light Bulb is the Worst Symbol of Invention

Invention is the heavy lifting of 1000’s of failed experiments, not a grand vision that pops into someone’s head. The light bulb is the universal symbol of “invention.” It is the worst – and best – example of invention, but not in the way you think it is. Invention has been portrayed in lore as…

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…