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“innovation And Patents: How Lawyers Benefit Inventors And Industries” – There is a perverse incentive for your patent attorney to *not* get your patent approved. It’s called “money”.
Clients are at the mercy of their patent attorneys. Small businesses that do not have their own patent attorney outsource their patents to outside consultants who have a financial incentive to keep a patent pending for as long as possible.
“innovation And Patents: How Lawyers Benefit Inventors And Industries”
The patent attorney’s classic line is that “we’re going to get ‘broad’ claims, so expect to be rejected by the examiner.” This is really to make you expect to pay for rejection after rejection.
How Copyrights, Patents, And Trademarks May Stifle Creativity And Progress
The truth is that patent attorneys typically make twice as much money during “prosecution” (the back and forth with the examiner) as “preparation” (writing the first patent application). For some lawyers, they can drag prosecution for years by kicking the can on the road.
The truth is that the examiner probably knows more about your technology than you do. Examiners work in “art units” and specialize in your exact technology. It’s their job, day in and day out, to search and read all the inventions ever made in your particular technology. They’ve seen every invention time and time again and know your technology like no other.
Here’s a podcast episode from PatentMyths that deconstructs the myth that patent examiners are horrible. In the podcast episode, I describe how you can use the examiner’s expertise to your advantage.
The economics of this situation are simple: “a little more money and we can (hopefully) get your patent over the target line.”
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By the time you go back and forth with the examiner, it could be 2-4 years since you filed your patent. There are a lot of sunk costs in this project and the patent is usually a big cause for celebration for an individual or a company.
While the Sunk Cost Fallacy can be a huge motivator to keep paying your patent attorney, the “it’ll only cost me this one response to a rejection” analysis is more legitimate. The cost trade-off is between getting a patent (a huge win) and the wrangling/alteration cost of overcoming a rejection (about $4000). With this thought process, it’s easy to see why patent prosecution is a big money maker for law firms.
The problem of managing outside patent attorneys is due to a misalignment of interests. The patent attorney sells hours but you want to buy a business asset. You want “protection”, but the lawyer wants to feed his family.
The solution used by large companies is to have in-house patent lawyers. Internal consultants know how the game is played and can create and implement IP strategy. Because corporate lawyers usually started in a law firm, they can spot problems before they start.
Ask A Lawyer: How Do I Patent My Tech Innovation?
The mindset of corporate lawyers is focused on what happens after we get a patent. They try to use the IP to align with the company’s long-term strategy. The only job of an outside counsel is to get the patent through the Patent Office.
How can small businesses deal with this? One way is to hire an IP strategist. Typically, these are ex-in-house lawyers who can develop an IP strategy that aligns with the company, then listen to outside consultants to ensure the patents have value. It is absolutely crucial that the IP strategist does not write the patents or prosecute the patent, otherwise there will be a conflict of interest. They must be objective.
The other way to deal with this problem is to find another way to get their patents. BlueIron’s patent funding is a one-way street. Because IP is treated as collateral through a financing agreement, BlueIron’s incentive extends beyond simply obtaining a patent through the researcher. BlueIron needs the patent to be valuable after that.
Posted in Patent Strategy, Patent Portfolio Funding, Patent Basics, Startups and tagged Patent Attorney, Patent Cost, Patent Portfolio, Intellectual Property Strategies, Why Apply for a Patent, Patent Law Firms, Patent Prosecution
Choueifaty Patent Application Contains Patentable Subject Matter, Patent Appeal Board Rules
Angel Investing Lawyer Client Relationship Design Patents Entrepreneurship Foreign Patents How to Get a Patent How to Patent an Idea Intellectual Property Intellectual Property Strategies Inventing Invention Investing in Startups Investment Grade Patents Investor Due Diligence IP Due Diligence Non Disclosure Agreement Patent Attorney Patent Cost Patent Design Enforcement of Patents Patent Financing Patent Insurance Patent Law Firms Patent Licensing Patent Litigation Patent Portfolio Patent Prosecution Patent Protection Patent Valuation Patent Value Provisional Patent Seed Capital Selling Patents Tech Startups Trade Secrets Utility Patents Why Apply for a Patent Initially, patents were created to protect inventors and allow them to benefit from their inventions. Lately, however, patents have become like trading cards that are collected, bought, and sold by the bigger tech companies. The game can be a bit confusing for both new and experienced individuals who want to market and protect their designs.
Patent Assistance Worldwide is an organization dedicated to helping inventors apply and protect their ideas in an increasingly complex IP world. This enthusiastic group of experts was set up to offer innovative beginners a cheaper alternative to patent attorneys. While the organization offers legal services, it also offers a wide range of researchers, writers, artists, marketing services and more. It’s essentially a one-stop shop for innovators of all experience levels.
This clearinghouse company has over 20 years combined experience in risk assessment, education, business consulting and much more. Each inventor is given access to a large number of researchers, lawyers, teachers and others to assist with the entire patent process. Over time, individuals will also have access to resources for further education on specific related topics.
Patent attorneys can be expensive for the budding inventor, so having a more cost-effective alternative like Patent Assistance Worldwide has proven very helpful. The goal here is not just to give individuals patents to protect their work, but to then ensure that those patents are profitable and that the holder fully understands what each document entails.
Patent Of Wheel
It’s a great way to get started on the path to IP greatness in education, affordability, and connectivity. These guys will get you on track and help you through the whole process. As a graduate student, Jessica Silbey earned a dual JD and PhD in Comparative Literature: “I see the statutes and lawsuits, even the Constitution, as narrative statements of how we think the world is or should be,” she says. Photo by Kent Dayton
Law and innovation How copyrights, patents and trademarks can hinder creativity and progress Jessica Silbey, intellectual property scholar, argues that laws have not kept pace with the digital age, enriching individuals and businesses at the expense of society, equality and innovation
At a time when the fabric of American society is unraveling, intellectual property rights seem like an unlikely battleground for social justice. Jessica Silbey, an expert on constitutional and intellectual property law, believes that challenging the legal conventions that protect creators and artists is essential to the pursuit of a fairer world.
In her new book, Jessica Silbey, a law professor, argues that current intellectual property law does not advance the public interest. Cover image courtesy of Stanford University Press
Pdf) Fixing The Patent Office
Silbey is the author of Against Progress: Intellectual Property and Fundamental Values in the Internet Age (Stanford University Press, 2022), and her research focuses on a central tenet of intellectual property (IP) law: that money is an essential driver of human ingenuity. and risk-taking and is essential for promoting scientific and societal progress. She is a law professor at Boston University School of Law and argues that instead of promoting the public interest, IP law is being used to enrich individuals and companies at the expense of human values such as equality, privacy, fairness, dignity and community.
“We’ve lost the idea of public focus, which is what it means to work for the collective rather than the individual,” said Silbey, a Yanakakis Faculty Research Scholar and 2018 Guggenheim Fellow. “I am not against progress. I am against the kind of progress that is about the accumulation of things without questioning the values they could undermine or promote.”
The traditional view of IP law is that copyrights, patents and trademarks give creators a limited monopoly over their inventions or works so that they can reap the financial benefits. According to Silbey, it assumes that a creator’s main motivation is to temporarily exclude others, thereby preventing copying. “The right to exclusion is the way we talk about property. If I own something, I can prevent you from having it too,” says Silbey. “The paradigm case is land and transgression.” It’s an idea she’s long found too simplistic when it comes to IP.
As a graduate student at the University of Michigan — earning a double JD and PhD in Comparative Literature — Silbey marveled at the extraordinary art and writings, such as those of poet Anna Akhmatova and novelist Aleksandr Solzhenitsyn, who came from the Soviet Union” under very oppressive situations.” Later, as a young patent lawyer, she saw how closely innovation was intertwined with collaboration and iteration. “We celebrate the idea of the one mythical inventor, t teams innovate together all the time,” she says.
Top Reasons Why Patents Are Important To Protect Your Invention
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