18 February 2013

Tips on stronger patents (re: litigation or sale)

From a blog post at OFH - some of my lessons learned while: selling patents, reviewing patents for a client to purchase, or assisting a client in patent litigation.

STRONGER PATENTS: SURPRISING LESSONS FROM LITIGATION AND SALE
http://www.opticsforhire.com/blog/2013/2/18/stronger-patents-surprising-lessons-from-litigation-and-sale.html

Here's number 5 of the list:

5. BONUS: Re-read your patent application while imagining it is the target (or weapon) of deep-pocketed litigation. Specifically:

  • Is the chain of title truly clear?
  • If the ideas were developed within a government contract, do you have paper or electronic copies of that contract’s IP-rights section?
  • Do you have all assignments? (Really, check…!)
  • Where are the inventor notebooks?
  • If litigation: do you have records of any previous contact with the litigant?
  • Did you or your employer enter into any licenses that even tangentially relate to the inventions (e.g. software licenses, a beast to themselves?)
  • Will a judge - who might lack an engineering degree - be able to understand the patent in a first reading of it?
  • Does the specification offer a logical narrative flow?
See the entire article on patents here.

g-fav

No comments: