Posts Categorized Patent Strategy

How to Get a Good Patent

How to Get a Good Patent How to get a good patent? It is easy to get a worthless patent, but quite hard to file a good one. A good patent starts with a good invention. The invention should have a high value if the invention were to be licensed or sold to competitors in… Read more »

How to Find a Realistic Patent Value

A realistic patent value can be determined using many of the same techniques used to value businesses. Pending patent applications have very little to zero (and sometimes negative) value. The key to patent value is the scope of the invention, and you don’t know that until the patent issues. You can, of course, do a… Read more »

Patents Need to Make Business Sense

Patents can be part of an overall business strategy, but they need to make business sense. In our business of investing and financing patent portfolios, we can only invest in patents that have real commercial value. From the startup’s perspective, there are several ways that a patent can have value. Merely having a patent pending… Read more »

Patents As Investments

BlueIron treats patents as investments. But we don’t invest in everything. We do not invest in technologies where we don’t think there is a market for the patents alone. BlueIron treats client’s patents like collateral for loans. Our investment is protected only by the value that the patents would have on the open market, if… Read more »

Inventions Where BlueIron Will NOT Invest

There are some inventions where BlueIron will NOT invest. I see an obnoxious number of inventions and patents from startups. I estimate that I encounter 10-20 inventions per week lately, and many are not good candidates for us to invest. It is heartbreaking to say “no” to inventors where the invention does not seem to… Read more »

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 »

Patents are Similar to Stock Market Options

Patents are similar to stock market options. Patents are an inherently risky investment and have lots of similarities to options trading. This is because they have value only when the market comes to them. At the time you purchase an option – and at the time you create a patent – you must place a… Read more »

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 »