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Posts Tagged ‘Patent Prosecution’

Provisional Patent Applications Hurt Startups

Bad Strategies for Startup Patents The patent bar does a terrible job of serving smaller clients – and provisional patent applications are a glaring example. In fact, they are taking advantage of them and causing harm to the clients they are supposed to serve. The graph shows a recent snapshot of office actions over the…

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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…

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Why Your Patent Attorney Does Not Want Your Patent To Be Granted

There is a perverse incentive for your patent attorney to *not* get your patent allowed. It is called “money.” Clients are at the mercy of their patent attorneys. For small companies who do not have inhouse patent counsel, they outsource their patents to outside counsel who have a financial incentive to keep a patent pending…

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USPTO’s Track One vs Patent Prosecution Highway

Why the USPTO’s Track One is the mark of a lazy patent attorney. If your patent attorney is suggesting “Track One” to expedite your patent case – be wary. It is a trap. I would go so far as to say that Track One is the mark of a lazy patent attorney. Let me explain…

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Patent Myths – “Broad Claims are a Good Thing.”

Inventors like to think that their patents are “broad” and somehow that is good.  It is not. The risks with broad patents are that they are more easily invalidated, but it is basically a sales pitch that patent attorneys use to make more money. Narrow patents are bad, too. (Learn more about this and other…

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Why Startup Patents Are Doomed From The Start

Patents for small companies are fundamentally different from patents for large companies.  The decisions made – and skills needed – to develop the two are very different. There are several problems facing a startup company when getting patents.  The biggest problem: the skillset needed for a startup’s patents is not practiced in the conventional law…

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Investment Grade Patents Do Not Have “Broad Claims”

Broad patents can hurt you. Inventors like to think that their patents are “broad” and somehow that is good.  It is not. The risks with broad patents are that they are more easily invalidated, but it is also a sales pitch that patent attorneys use to make more money. Narrow patents are bad, too. Narrow…

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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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