Posts Tagged ‘Prior Art’
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 MoreHow Long Provisional Applications Hurt You
How Your Own Prior Art Can Kill You I had a client whose inventor would write long provisional patent[1] applications. He would think through all the options of his inventions, and he would include every option he could conceive. The company made battery separators – the thin sponge that goes between the anode and cathode…
Read MoreCommunication Hygiene: Things You Never Say To Your Patent Attorney
Good news in writing – bad news by phone. Inventors have extraordinary power in the patent process, especially in litigation. An inventor’s opinion or comments can often be twisted during litigation and ultimately, used to invalidate a patent or discredit the patent owner. There are things you should never say to your patent attorney, at…
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 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 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 MoreThe 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…
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…
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