Posts Tagged ‘provisional patents’
Your Patent Attorney Is NOT Giving Business Advice
Are you getting a list of options or a strategy that aligns with your business? Is that “strategy” more tailored to the Law Firm’s billing or your success? Most inventors think that hiring a patent attorney[1] means they’re protected. That’s a mistake. Patent attorneys are trained to give you every possible option. Want a provisional?…
Read MoreGullible Angel Investors and Provisional Patent Applications
Last time, we discussed the provisional patent application hoax perpetuated by patent attorneys. In this post, we look at the scam from the inventor/entrepreneur side. Many so-called inventors/entrepreneurs like to file their own provisional patent applications, then shop these to gullible angel investors, hoping that the angel investors will bite. The “inventor” is hoping that…
Read MoreThe Provisional Patent Hoax
One of the greatest hoaxes in our industry is the notion that provisional patent applications are a good thing. They are not. I am always amazed how some hoaxes are told over and over to the point where people actually believe them. When they find out that the hoax was not true, their confidence is…
Read MoreRegistration Numbers
Due diligence in patents requires looking at the patent attorney. When I review patent applications, I always download the full prosecution history of the patent from the USPTO. The prosecution history is the formal, legal record of the back-and-forth between the applicant and the Patent Office, and includes all the papers as originally filed, as…
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’ Misguided Obsession About Costs
Hand wringing amongst patent attorneys show their misguided view of their clients. Patent attorneys work in a bubble that is completely hidden from laypersons, but is an incredibly loud echo chamber. An example is the current obsession and endless handwringing over the USPTO’s DOCX filing requirement. The issue is that the USPTO prefers that you…
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 MoreThe Myth of an Early Filing Date for a Patent
Updated 23 Oct 2025 Early filing dates are almost always a bad thing, not a good one. Many entrepreneurs are often lulled filing patent applications – especially provisional applications – because they are told that an “early effective filing date” is a good thing. Patent attorneys who are anxious to lock in another client will…
Read MoreCrystalizing Your Invention
One of the many curses of a self-written provisional patent[1] application Entrepreneurs buy into the myth – perpetuated by the patent bar – that they should write and file provisional patent applications before bringing their product to market. There are many reasons why provisional patent applications are wrong for startups, but this post explains yet…
Read MoreBudgeting for Patents
How much should a typical company budget for patent protection? One of the best books on IP and patents is Patent Portfolios by Larry Goldstein. In this book, Mr. Goldstein analyzes how companies build out their patent portfolios. Much of this post is derived from his book. What is a good budget for patents? 1%…
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