Posts Categorized Patent Drafting and Claim Writing

Investment Grade Patents Start with a Solid Foundation

An investment-grade patent starts with a solid foundation. Most patents are worthless, and getting a good patent is less about finding the gem as much as removing the dirt so that there are more possible gems in the portfolio. We do not know which patent will ultimately be gem, but we can dramatically increase our… 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 »

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 »

How to Review a Patent Application

How can you mess up reviewing a patent application? It’s a lot easier than you think. Some comments made by an inventor, even the most innocuous comments, can be misconstrued if a patent ever was litigated. Rather than create a messy trail of documented comments remember the most important rule: Good news by mail, bad… Read more »

Patents that “Hide the Ball”

I had a telephone interview with a patent examiner the other week and in the course of the interview, the examiner said that he really liked my patent application because I did not try to hide the ball with the invention. I was originally taught to write patent applications by obfuscating the invention. Specifications are… Read more »

BlueIron’s Patent Rating Checklist

A Patent Checklist to find out: How good is your invention? The spreadsheet contains many of the parameters discussed in BlueIron’s blog posts on patent due diligence. Please let us know if you have any suggestions/comments to make the spreadsheet a better tool. You are free to use this however you like, and please feel… Read more »

Writing Your Own Patent

Writing your own patent? Do a business plan first. Some inventors write their own patent applications. This can be a very valuable exercise because forcing yourself to put the invention down on paper can help you better understand the invention, as well as think through new versions of the invention. In many cases, these pro… Read more »

Actor Analysis for Patent Infringement

Due Diligence for Patents – Actor Analysis tells who is the likely infringer. Actor analysis is often overlooked when valuing inventions for patenting, or for valuing patents once they are issued. With actor analysis, we want to know who is the actual actor that infringes the invention. This analysis often identifies patents that you would… Read more »

Considering Constraints When Evaluating Patentable Ideas

When all you have is a hammer, everything looks like a nail. Every invention has a set of constraints, and it is imperative to uncover and evaluate them when considering patenting. This applies to an inventor or business manager who is trying to ferret out ideas contained in a new product as well as the… Read more »