Posts Tagged ‘Patent Prosecution’
IP Due Diligence Checklist
Due diligence is essential for any business deal, and IP due diligence[1] 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…
Read MoreHow Much Does A Patent Cost?
Updated 23 July 2023 The average cost of a utility patent in the US is over $50,000. This is just the cost to file a utility patent application and the patent examination process. It does not cover the cost of enforcing your patent, which can be in the millions. All patent owners should have patent…
Read MoreProvisional Patent Applications are Always Wrong for Your Business
Updated 22 Dec 2021 Provisional patent[1] applications are misunderstood by many inventors, investors, and even patent attorneys. There is a notion that somehow a provisional patent application is good for inventors and startup companies. Let me be clear: there is nothing worse than a provisional patent application from a business standpoint. There is no reason…
Read MoreWhy patents in September are a bad thing
The USPTO issues more Office Actions in September than any other month. Why is that? USPTO Data for Pendency 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…
Read MoreHow 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. How long does it take to get a patent? Depends on your strategy. The chart above shows how long a patent was pending for the patents…
Read MoreProvisional Patent Applications Hurt Startups
Bad Strategies for Startup Patents The patent bar does a terrible job of serving smaller clients – and provisional patent[1] 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…
Read MoreI 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…
Read MoreHow to Spot Bad Patents
Investment-Grade Patent[1][2]s represent only a small sliver of the patent universe. Their value comes from a huge amount of research and thought. However, bad patents are easy to spot. These less-than-optimal patents have certain characteristics that can easily be identified by anyone: the inventor, the investor, or anyone in litigation. Use this as a first…
Read MoreTerminal 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…
Read MoreIs 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…
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