Posts Tagged ‘Patent Prosecution’
AI-Assisted Patent Search Tools Exacerbate Inventor Biases
AI chat tools have two problems: over-simplification and hallucination. These two problems mimic inventor’s biases when doing patent searches, leading to bad results. Inventors and entrepreneurs might love the idea of using an AI‑powered search tool to check “Did I do something new?” fast and cheap. It sounds smart. It sounds responsible. I am a…
Read MoreAssignment Due Diligence: Unassigned Assets
Spotting bad behavior in startup companies. It is heartbreaking to see bad behavior by ‘inventors’ and their startup companies, but it occurs over and over again. Let this lesson be an example of the things you need to check anytime you are doing due diligence on an early stage company. First pass at due diligence…
Read MorePatent Attorneys Do Not Live with Their Mistakes
The Feedback Problem in Patent Law. Patent attorneys typically have zero feedback about the quality of their work product. This is an inherent weakness of the whole patent system. The attorneys do not have to live with their mistakes, because patent litigation and patent transactions happen long after their work product has ended. The Long…
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 MoreAvoid Wishful Thinking Patents
I just want “protection,” but I have a run-of-the-mill product. Most startup CEOs want patents because they want ‘protection,’ so they go to a patent attorney. And the patent attorney is in the unfortunate situation of having to find something “inventive” amongst a bunch of run-of-the-mill technology. For early stage startup companies, the entrepreneur becomes…
Read MoreLow Hanging Fruit: How Patent Searches Make Your Patent More Valuable
References and Information Disclosure Statements One easy way to spot an above-average patent is the References Cited on the front page. The references are specific pieces of prior art that the examiner considered when evaluating the patent, and they are a good look at how good the patent might be. There are two types of…
Read MoreThe USPTO Claims it Wants to Ensure ‘Robust and Reliable’ Patents – But Its Questions Imply Another Assault on Patent Owners
All of the suggested changes to continuation practices are extraordinary in their breadth and reach, and place severe and staggering restrictions on an Applicant’s ability to craft meaningful and useful claims. Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability…
Read MoreYou – And Only You – Are Responsible for Your Patent
The sad story of how an inventor was taken advantage of by his patent attorney. In 1989, Steven Byrne invented an accessory to a string trimmer – the ubiquitous ‘weed whacker’ used for landscaping. Mr. Byrne was a landscaper. He developed his invention so that he could use the string trimmer for edging a sidewalk. …
Read MoreThe Importance of Patent Searches
The easiest way to make your patent more valuable: do a patent search. One of the first things everyone sees, including me as I start a patent valuation[1] analysis, is the list of references on the front page of your patent. There are two kinds of references on the front page: those with stars and…
Read MoreInvestment Grade Patents are not for Patent Trolling
They are for business negotiations. Patent trolling is the business of extortion. Generally, patent trolling is when someone sues for patent infringement[1] but is willing to settle for less than the cost of litigation. It is extortion, pure and simple. Patent litigation will cost at least $500,000 in attorney’s fees to get to the first…
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