Posts Categorized Patent Strategy

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 »

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 »

Patent Holding Companies and Ownership Issues

BlueIron uses a conventional patent holding company structure to separate the ownership and control of a patent portfolio. In this construct, an operating company has full control of the assets, even though the patent assets are held in a separate company. The BlueIron arrangement gives the operating company full control of the assets through an… Read more »

Problems Caused by the Attorney/Client Relationship

The attorney/client relationship is one of the most sacred and important tenants of the US legal system, but it causes weird side effects. Everyone is entitled to a defense, no matter how guilty the person is or appears to be. The attorney/client relationship is a fiduciary relationship, where the attorney MUST act in the best… Read more »

Patents that are Bad Stand-Alone Investments

BlueIron’s business model requires patents that have “commercial value” as stand-alone assets. 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,… 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 »