Posts Categorized: Patent Strategy

Chances of Success

The Patent Pending Blog has a great post on the chances of success for independent inventors. The bottom line: 5% or so of the independent inventors that Bob Shaver sees actually winds up making money off of their patents.

This is why the first piece of advice for all independent inventors, especially first timers, is to do a business plan before spending money on a patent.

What I suggest is writing a business plan for a large company in the market that might like to license the invention. This hypothetical company needs to see a definable advantage to the product in their marketplace with their margins.

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A Patent Strategy to Cover a New Technology in Three Layers

When developing a patent strategy for an emerging technology, I look at three specific layers of coverage from both the technology and business aspects of a client. The first layer is the “nuts and bolts” layer, describing the basic underpinnings of the new technology. The second layer is the “tool” layer, covering the tools required to use the technology, and the third layer is the “application” layer, detailing new uses and application of the technology.

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Reexamination As An Option

Reexamination is a means by which a patent may be challenged. Both flavors, inter partes and ex parte, have the distinct advantage that they are much lower in cost than any type of litigation.

Both flavors are similar, except that inter partes reexamination allows the requestor to review and respond to every input from the patent holder.

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