Posts Tagged ‘Patent Prosecution’
Valuable patents solve contradictions
Amazon’s One-Click patent is the epitome of “non-obviousness” Inventions are not obvious – they have to solve some kind of contradiction. This idea holds true for businesses. Startups that can solve a contradiction in the market have a particular advantage – and so do patents. One of the most talked-about inventions 10 or 15 years…
Read MoreUSPTO Abandonment Rate Nearly Tripling Since COVID
Patents are being abandoned at historically high rates, pointing to a lack of confidence in the future. An updated analysis by BlueIron shows that the COVID crisis has markedly affected business’s IP strategy. A previous analysis done in March is here. The abandonment rate has shot up since COVID started, especially for Small Entities, which…
Read MoreWhy 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…
Read MoreEffects of COVID-19 on Patents – Twice The Number of Abandonments
As companies hunker down for the effects of the COVID-19 virus, they are abandoning their IP protection at TWICE the normal rate. And it is likely to go up much further. AND this has never happened before. BlueIron’s study looked at recent USPTO abandonments to see what, if any, effects were from COVID-19. The results…
Read MoreData Driven Patents
Image (C) Russ Krajec 2020 Updated April 2021. The patent system requires that we look ahead and guess the future. If we are right, there is a huge reward. This process can be powerfully addictive, as it is the same psychology as lottery tickets. Patents are bets that the marketplace will adopt a technology. The…
Read MoreUSPTO’s Track One vs Patent Prosecution Highway
Updated April 2020 Screenshot taken 5 Apr 2021 from https://www.uspto.gov/dashboard/patents/pendency.html Why the USPTO’s Track One[1] 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…
Read MoreThe Patent System is Broken – but not in the way you think it is.
The patent system has some weird quirks that makes it feel broken. In truth, you do not want to know how the sausage gets made at the Patent Office, and patent laws are all weirdly nuanced with few bright lines. That is just the way it is. The real problem is the patent applicants, not…
Read MorePatent 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…
Read MoreWhy 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. Old tractor in the Alpine meadows There are several problems facing a startup company when getting patents. The biggest problem: the skillset needed for a startup’s patents is…
Read MoreInvestment 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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