Tag: Startups
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The Problems with Your Patent Attorney Owning Stock in Your Company
The Ethical Quandary Patent attorneys are entrusted with the responsibility of safeguarding their clients’ intellectual property. This fiduciary duty requires them to act in the best interest of their clients, providing unbiased and objective legal…
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Patent Descriptions: Every Word Hurts You
Every Word in a Patent Application Hurts You The patent application has two parts: the specification and the claims. Every word in the specification is a trade secret[1] you give away to your competitors. Every…
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Do You Like My Invention?
Inventors often ask for my feedback on their inventions, but the only thing I ask about is revenue. As an investor who focuses on IP, I get asked for feedback on inventions and patents. I…
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Avoid Wishful Thinking Patents
I just want “protection,” but I have a run-of-the-mill product. Most startup CEOs want patents because they want ‘protection,’ so they go to a patent attorney. And the patent attorney is in the unfortunate situation…
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Patent Ethics: Is it Ethical for the Patent Attorney to list themselves as an inventor?
The hallmark of a sleazy patent attorney is one who lists themselves as an “inventor” on patents that they write for a client. There is the “legal” definition of an inventor, and there is the…
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Risks of Investing in Government-Sponsored Research
“March-in” rights under 37 CFR 401.6 allow the government to re-possess a patent using a very arbitrary process. One reason NOT to invest in startups based on government-sponsored research, including patents from universities. Inventors can…
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Contingency Fee Litigation Is Only a Last Resort
If you are having to do contingency fee litigation on your patents, you did something wrong. Contingency fee litigation is a unique feature of American Law, where attorneys perform some or all of the litigation…
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The 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…
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Who Owns the Invention?
The first step is often ‘skipped’ by startup founders. Many startups fail to have the basic agreements in place so that the company owns its inventions. Part of this is a failure to put the…
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Two Parts of a Patent Application: What You Give Away and What You Get In Return
Patent applicants are told that they are getting a “monopoly” on their invention, and that leaves out half of the equation. Patent applications come in two parts – the specification and the claims. The specification…