Patent Drafting and Claim Writing
Patent 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 MoreEvery Word Hurts You: Patent Claims
Every Word in the Description Hurts You, and the Claims Hurt You, Too. The length of the claims really matters. The length of the specification is important – but only up to a point. There was an old joke in the Patent Office that when a claim is longer than your hand, it must be…
Read MorePatent 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 you give away to your competitors. Every word in the claims narrows the claim and limits your enforceable rights. Long Specifications Hurt You Many clients are told…
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 MoreWhy patents in September are a bad thing
The USPTO issues more Office Actions in September than any other month. Why is that? The chart above shows the USPTO pendency of First Actions over the last two years. Notice that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have production goals and bonuses.…
Read MoreHow long does it take to get a patent?
It takes, on average, 2-4 years to get a patent from the United States Patent and Trademark Office. But, you can change the speed based on your filing strategy. The chart above shows how long a patent was pending for the patents that issued to Small Entities in the first quarter of 2021. The blue…
Read MoreNon-transitory storage media
If you have a patent claim with the term “non-transitory storage media” – you should find another patent attorney. The history of the “non-transitory storage media” claims. Who can you sue with a “non-transitory storage media” claim? Problems with the “non-transitory storage media” claims. What you can tell if your attorney uses “non-transitory storage media”…
Read MoreTerminal Disclaimers – One for the Price of Two
Terminal disclaimers are costly for the client – but an easy money maker for patent attorneys. Terminal disclaimers are where you pay twice to get the same thing. They are a money maker for the USPTO – and your patent attorney. They should be avoided at all costs. In most cases, a terminal disclaimer is…
Read MoreIs Your Patent Examiner Awful? One of the Patent Myths
The Myth that the Patent Examiner does not understand your invention. One of the myths that is perpetuated by the patent bar is that the examiners somehow do not understand your invention. The truth is that the examination process is far better than most patent attorneys will admit, and that is part of why startups…
Read MoreMy first invention
My first job out of college was at McDonnell Aircraft in St. Louis. At the time, we made military fighter jets: the F-15, F-18, and Harrier AV-8B. I was assigned to a little research group exploring different ways to use thermoplastic composites. It was there that I had my first “invention.” I wrote up a…
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