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How to Find a Good Patent Attorney

How to find a good patent attorney: find two attorneys, and have each one evaluate the other attorney’s work. Here is a simple technique to find a good patent attorney: start with at least *two* candidates. Ask each attorney to give you a sample of their work, and take the sample to the other attorney…. Read more »

How to Make Your Patent Strong Against Inter Partes Reexam

Strengthen your patent against Inter Partes Reexam One of the easiest ways for infringers to challenge an issued patent is through the Inter Partes Reexam process, commonly known as IPR. To successfully challenge a patent, someone has to produce a prior art document that would have changed the examiner’s mind. This is known as raising… Read more »

Over-broad Patents Are No Longer A Good Thing

It used to be that “broad” patents were the best things for litigation. That is no longer the case. A patent drafting theory from 10 years ago was to draft a patent with the loosest language possible and go for claims that are nebulous. This drafting theory results in extremely broad descriptions of an invention… Read more »

The Patent Box – Part of European Patent Reform

The United Kingdom’s Patent Box is a tax incentive to have IP protection – is it coming to America? The UK has a tax incentive called the Patent Box. In essence, profits derived from patented technology are taxed at a very low rate – 10% – while other profits are taxed at their normal rate…. Read more »

Worthless Patents – How to Avoid the Biggest Pitfalls

Worthless patents: they don’t have to be that way. Worthless patents happen for two reasons: the original invention was not selected properly and the patent was poorly prosecuted with the patent examiner. Properly selecting the invention is crucial for getting a good patent. Your conventional patent attorney will tell you if there is prior art,… Read more »

Independent Inventors are a Walking Malpractice Suit

Independent inventors are terrifying for patent attorneys. As I began to learn patent law, a senior attorney described independent inventors as “walking malpractice suits”. His response was to not tell them anything, and for the client to decide the best course of action. The client had to become “educated” on patent law, and he was… Read more »

Why Patent Attorneys Always Suggest Getting a Patent

Patent Attorney Liability This story is not about only having a hammer and everything looks like a nail. There is more to the story. Think about the patent attorney who is meeting a new client. The client is unsure about whether or not to get a patent on their idea. The patent attorney suggests trying… Read more »

Franchising Principles Applied to Startups

Make yourself completely replaceable – not essential. I had the opportunity to visit with a franchise president who is also doing a “conventional” tech startup. I read The E-myth Revisited years ago, and it dramatically changed my way of thinking about business. The premise of the E-myth is that the entrepreneur should *not* be essential… Read more »

What Do Patents Actually Cost?

How much does a patent cost? The US average is about $60,000. The patent process involves two major phases. Patent “preparation” is when the patent is originally drafted and filed with the patent office, and patent “prosecution” is the back and forth that happens with the examiner. Typically, the patent preparation phase is what an… Read more »

Statistical Correlation Between Patent Ownership and Success

The more patents you own – and the better they are – the better your chances of success. France Brevets, a French sovereign investment fund, has published a report (in English) that correlates success of venture-backed startups with the patents held by the startup. As you would think the chances of success by the company… Read more »