STRONGER PATENTS: SURPRISING LESSONS FROM LITIGATION AND SALE
Here's number 5 of the list:
See the entire article on patents here.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?