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Category Archives: Patents

Governmental Sources for Inventor Prototyping and Manufacturing Assistance

Many small businesses need help with design and development of inventions at various stages. A startup may want a mockup or virtual prototype in order to pitch for funding. Later, the business may need a working prototype for further proof of concept. Then that prototype may need to be further refined for efficient manufacture. Thus […]

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Four Sources for Possible Patent Licensees or Assignees

Frequently inventors consider licensing or sale of their patent application or issued patent as the means for monetizing their intellectual property. One challenging step is to determine who might be interested in licensing or purchasing the patent rights. Determining potential licensees or assignees is a key step in developing the business plan. 1. Search Engines […]

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Post Bilski Commentary For Software Startups

By now you’ve probably read about the “Bilski” decision recently released by the Supreme Court. Most of the coverage has been more focused on the policy aspects of the decision. This post focuses on where a software startup stands from a patent prosecution perspective in light of the decision. Stepping back for a moment, I’d […]

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Patents – An Overview of the Application Process

Frequently, the creator of an innovative new product or process may seek patent rights in order to exclude others from practicing the new product or process. The typical steps involved in the process of applying for a patent include: performing a search; preparing and filing  a patent application; and responding to rejections raised by the […]

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Small Business Innovative Research Funding for Your Patentable Concept

Funding is a concern for many startups and small business creating new products.  The Small Business Innovation Research (SBIR) is a congressionally authorized, federal program that may be an option for funding for some of those businesses operating in select fields of technology. Two of the key driving policies of the program are to help […]

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Provisional Patent Applications Must Have Sufficient Technical Description

Frequently I hear the misstatement that one can just submit some notes and pictures of one’s product in a provisional patent application. People think this is so because the application is “informal” and will not be examined by the patent office. Unfortunately, I have seen multiple situations where an entrepreneur had an inadequate disclosure because […]

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Beware: Patent Application Drafting Software

I have reviewed a few situations where someone has sought direction after submitting a patent application which was created using patent application drafting software. Such software is typically marketed as allowing one to create quality patent applications without having any prior experience. Of the applications that I have reviewed where the applicant used such software, […]

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Warning: Inventor Assistance Companies

It is tough to sit across the desk from someone and tell them that I think someone took advantage of them, especially when that money could have been better used to help them with prototyping or other steps in their business plan. When I have spoken with people who have used inventor assistance outfits, it […]

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Common Factors in the Decision to File a Patent Application

When working with an inventor or  startup, a frequent question is whether it is prudent to proceed with a patent application. More often than not, I am not in a position to concisely answer the question, as the question may hinge more on economics than intellectual property. A patent search may shed some light on […]

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Common Factors on Timing to File a Patent Application

Frequently, I am asked when a patent application should be filed . I often start the discussion with questions in two areas:

1. Is the new product or process complete?
2. What is (or will be) happening to demonstrate and monetize the new product or process?

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