Patent Portfolio Archives

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…

Patents in a Business Context

Why patents as a “lottery ticket” is a losing proposition. A business owner makes hard business decisions, especially when it comes to IP. There is only so much money and so much time, so how do you decide? Patents represent enormous potential value, and they feel like a lottery ticket. The risk to reward –…

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…

Is Your Patent Examiner Awful? One of the Patent Myths

The Myth that the Patent Examiner does not understand your invention. One of the myths that is perpetuated by the patent bar is that the examiners somehow do not understand your invention. The truth is that the examination process is far better than most patent attorneys will admit, and that is part of why startups…