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Source: https://krajec.com/feed/

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<title>Krajec Patent Offices</title>
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<link>http://krajec.com/</link>
<description>Patent Attorney</description>
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<item>
<title>Subtle Effects of New Patent Rules – Changes to Inventor Recognition Programs</title>
<link>https://krajec.com/subtle-effects-of-new-patent-rules-changes-to-inventor-recognition-programs/</link>
<comments>https://krajec.com/subtle-effects-of-new-patent-rules-changes-to-inventor-recognition-programs/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Sun, 06 Oct 2019 13:19:54 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<guid isPermaLink="false">http://krajec.com/?p=3483</guid>
<description><![CDATA[The patent rules from 2007 will cause many ripple effects throughout the practice of patent law. One thing that should be considered is how inventor recognition programs play into these rules.
The post <a href="https://krajec.com/subtle-effects-of-new-patent-rules-changes-to-inventor-recognition-programs/">Subtle Effects of New Patent Rules – Changes to Inventor Recognition Programs</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[The patent rules from 2007 will cause many ripple effects throughout the practice of patent law. One thing that should be considered is how inventor recognition programs play into these rules. 
 
Background
As part of the new rules, an applicant must disclose to the Patent Office any group of patent applications that are filed within a two month window where the applications are commonly owned and at least one inventor is in common. Every time an inventor is listed on two patent applications, a trigger causes the inventor’s employer to file a bunch of declarations against interest.
One of the best ways to eliminate this burden is to eliminate filing two or more patent applications with common inventors within the two month period.
The Patent Office discourages applicants from spacing out their applications to avoid this rule, as it can be seen as inequitable conduct.
However, there is a tendency to add people to a list of inventors in many corporations. In my own experience as an inventor, I have seen managers add inventors to a patent application because they viewed patents as more of a recognition and reward system than as a legal document with specific legal requirements.
The mechanism by which inventors are recognized and rewarded within a company may play into who is listed as an inventor. In many companies, in an effort to include as many inventors as possible, the companies may pay each inventor a reward regardless of the number of inventors. Quite frankly, this leads to having many patent applications that include long lists of inventors.
These long lists of inventors play havoc with overlapping applications under the new rules.
Recommended System
I recommend reviewing patent recognition systems so that the systems properly reward the true inventors but eliminate those inventors who may be questionable.
In the reward system where a fixed amount of money is paid to each inventor, there is a tendency to include questionable or marginal inventors.
In a reward system where a fixed amount of money is divided between all the inventors, there is a tendency to exclude questionable or marginal inventors.
My recommended reward system may set a fixed amount of money, say $2000 or $5000 for the total reward. The money would be divided amongst the inventors based on their participation. The person who writes the invention disclosure should receive a count, each participant in a disclosure meeting with the patent attorney should receive a count, each substantive reviewer should receive a count, and each inventor who signs the application should receive a count. The money will be divided up between inventors based on their counts.
In this system, a person who writes the disclosure, attends the meeting, and reviews the application may receive 4 counts when they sign the application. Another inventor may participate in the meeting and sign the application for 2 counts. A third may only sign the application and receive 1 count.
The total number of counts is 7, so the first inventor would receive 4/7 of the total money, the second 2/7, and the third 1/7.
Such a system encourages each person to actively participate in all phases of the patent preparation process, which usually takes up valuable work time.
Some tweaks may include giving the disclosure writer 2 or more counts for writing the disclosure, since inventors tend to be notoriously slow to write a good description of their idea.
The other subtle feature of this system is that inventors will have a vested interest in limiting the number of inventors, and invention disclosures will tend to have one or two inventors listed, rather than twelve or more.
The post <a href="https://krajec.com/subtle-effects-of-new-patent-rules-changes-to-inventor-recognition-programs/">Subtle Effects of New Patent Rules – Changes to Inventor Recognition Programs</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
<wfw:commentRss>https://krajec.com/subtle-effects-of-new-patent-rules-changes-to-inventor-recognition-programs/feed/</wfw:commentRss>
<slash:comments>4498</slash:comments>
</item>
<item>
<title>Patent Prosecution Costs</title>
<link>https://krajec.com/patent-prosecution-costs/</link>
<comments>https://krajec.com/patent-prosecution-costs/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Sun, 06 Jan 2019 23:20:43 +0000</pubDate>
<category><![CDATA[Patent costs]]></category>
<category><![CDATA[Patent Financing]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">https://krajec.com/?p=3767</guid>
<description><![CDATA[A typical US patent will cost about $40,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a "high technology" invention, and your mileage may vary. This price is highly variable - sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see <a href="http://blueironip.patenteducation.org">BlueIronIP</a>.
I break the patent cost into drafting ("preparation") and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. Just because your patent was rejected initially, that is not a bad thing.
Typically, the costs are roughly half preparation and half prosecution.
The post <a href="https://krajec.com/patent-prosecution-costs/">Patent Prosecution Costs</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[A typical US patent costs around $60,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a “high technology” invention, and your mileage may vary. This price is highly variable – sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see <a href="https://blueironip.com/patent-financing-by-blueiron/">BlueIronIP</a>.
The patent costs are broken into drafting (“preparation”) and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. <a href="https://krajec.com/my-patent-was-rejected-what-do-i-do/">Just because your patent was rejected initially, that is not a bad thing.</a>
<figure class="wp-block-image"><a href="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.pdf" target="_blank" rel="noreferrer noopener"><img fetchpriority="high" decoding="async" width="237" height="300" src="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost-237x300.png" alt="Patent Prosecution Costs" class="wp-image-3755" srcset="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost-237x300.png 237w, https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.png 298w" sizes="(max-width: 237px) 100vw, 237px" /></a><figcaption><a href="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.pdf">Click to download PDF</a></figcaption></figure>
Typically, the costs are roughly half preparation and half prosecution. 
Patent preparation costs should be $15K+ for drafting the patent application. This will include a very significant cost of learning your technology and your business goals, then crafting the patent application to match your needs.
Patent prosecution costs will average about $20K. This will include going back and forth with the patent examiner, interviewing the examiner and, where applicable, the examiner’s supervisor, and going to appeal if necessary. Once there is allowable subject matter, the issue fee is paid and the patent is granted.
There is a large variability in costs to get a patent. Some will issue quickly and not cost so much, but others may take a considerable amount of effort and cost to get allowed.

<a href="https://blueironip.com/patent-financing-by-blueiron/">BlueIronIP.com</a> was created to address this specific need. BlueIronIP finances patents at a flat, monthly cost so that the patent expenses are fixed and predictable. See www.blueironip.com for more details.
The post <a href="https://krajec.com/patent-prosecution-costs/">Patent Prosecution Costs</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
<wfw:commentRss>https://krajec.com/patent-prosecution-costs/feed/</wfw:commentRss>
<slash:comments>4345</slash:comments>
</item>
<item>
<title>Patent Costs</title>
<link>https://krajec.com/patent-costs/</link>
<comments>https://krajec.com/patent-costs/#comments</comments>
<dc:creator><![CDATA[kadmin]]></dc:creator>
<pubDate>Sun, 06 Jan 2019 23:17:36 +0000</pubDate>
<category><![CDATA[Patent costs]]></category>
<category><![CDATA[Patent Financing]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">https://krajec.com/?p=3765</guid>
<description><![CDATA[A typical US patent will cost about $40,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a "high technology" invention, and your mileage may vary. This price is highly variable - sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see <a href="http://blueironip.patenteducation.org">BlueIronIP</a>.
I break the patent cost into drafting ("preparation") and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. Just because your patent was rejected initially, that is not a bad thing.
Typically, the costs are roughly half preparation and half prosecution.
The post <a href="https://krajec.com/patent-costs/">Patent Costs</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[A typical US patent costs around $60,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a “high technology” invention, and your mileage may vary.  This price is highly variable – sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see <a href="http://blueironip.patenteducation.org">BlueIronIP</a>.
The patent costs are broken into drafting (“preparation”) and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. <a href="https://krajec.com/my-patent-was-rejected-what-do-i-do/">Just because your patent was rejected initially, that is not a bad thing.</a>
<figure class="wp-block-image"><a href="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.pdf" target="_blank" rel="noreferrer noopener"><img decoding="async" width="237" height="300" src="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost-237x300.png" alt="Patent Costs" class="wp-image-3755" srcset="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost-237x300.png 237w, https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.png 298w" sizes="(max-width: 237px) 100vw, 237px" /></a><figcaption><a href="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.pdf">Click to download PDF</a></figcaption></figure>
Typically, the costs are roughly half preparation and half prosecution. 
Patent preparation costs should be $15K+ for drafting the patent application. This will include a very significant cost of learning your technology and your business goals, then crafting the patent application to match your needs.
Patent prosecution costs will average about $20K. This will include going back and forth with the patent examiner, interviewing the examiner and, where applicable, the examiner’s supervisor, and going to appeal if necessary. Once there is allowable subject matter, the issue fee is paid and the patent is granted.
There is a large variability in costs to get a patent. Some will issue quickly and not cost so much, but others may take a considerable amount of effort and cost to get allowed.
<a href="http://blueironip.patenteducation.org">BlueIronIP.com</a> was created to address this specific need. BlueIronIP finances patents at a flat, monthly cost so that the patent expenses are fixed and predictable. See www.blueironip.com for more details.
The post <a href="https://krajec.com/patent-costs/">Patent Costs</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
<wfw:commentRss>https://krajec.com/patent-costs/feed/</wfw:commentRss>
<slash:comments>3092</slash:comments>
</item>
<item>
<title>Are the PreAppeal Conference and P3 Program Hopelessly Rigged? Practice Tips for the Savvy Practitioner.</title>
<link>https://krajec.com/preappeal-conference-p3-program-hopelessly-rigged-practice-tips-savvy-practitioner/</link>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Tue, 19 Jul 2016 12:37:26 +0000</pubDate>
<category><![CDATA[Portfolio Development]]></category>
<category><![CDATA[The Business of Patent Law]]></category>
<category><![CDATA[The USPTO]]></category>
<guid isPermaLink="false">http://krajec.com/?p=3721</guid>
<description><![CDATA[The USPTO announced their new Post-Prosecution Pilot Program, or P3 program for after-final review of a patent application. The P3 program is billed as being similar to the PreAppeal Conference but it adds an oral argument to the mix and – the Office promises – a meaningful explanation of the decision. There is a twist,…
The post <a href="https://krajec.com/preappeal-conference-p3-program-hopelessly-rigged-practice-tips-savvy-practitioner/">Are the PreAppeal Conference and P3 Program Hopelessly Rigged? Practice Tips for the Savvy Practitioner.</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[The USPTO announced their new Post-Prosecution Pilot Program, or P3 program for after-final review of a patent application. The P3 program is billed as being similar to the PreAppeal Conference but it adds an oral argument to the mix and – the Office promises – a meaningful explanation of the decision.
There is a twist, however, that can lead to a rigged board.
Bottom line: the PreAppeal Conference is probably much better than P3.
This writer has used the PreAppeal Conference with meaningful success over the years. I like the PreAppeal conference because under the right circumstances, the case is usually reopened. However, there are certain caveats.
The PreAppeal Conference only works when you have a primary examiner.
For junior examiners, a primary examiner or Supervisory Patent Examiner (SPE) is usually calling the shots. This varies from one SPE to the next, but when doing an interview with a junior examiner, you can usually get a sense of how controlling the SPE will be. If your interview is between you and the SPE, with the examiner holding their tongue the entire call, the SPE is in complete control and don’t bother with a PreAppeal Conference. Plan on going straight to appeal, or doing the PreAppeal Conference only as a way to buy more time to write a complete Appeal Brief.
I always ask to have the SPE present in a telephone interview, but more times than not, junior examiners balk or are downright offended when I ask. At this point, the practitioner is really stuck. Do you risk completely alienating the examiner by demanding that the SPE is present, or give in and wind up with an interview where nothing gets decided because the examiner says “I will have to check with my boss” about anything substantial?
Every SPE I know says – unequivocally – that you can ALWAYS get a supervisor on the phone with a junior examiner, and that it is completely improper for the junior examiner to even hesitate and certainly to argue about it. My personal experience is that junior examiners want to have an interview without their supervisor at in at least 7 out of 10 cases. When this happens, the applicant must risk offending the junior examiner, which can greatly damage your chances of allowance.
With a junior examiner, the PreAppeal Conference is hopelessly stacked against you. The primary or SPE who calls the shots is not going to overrule themselves, and the junior examiner is not going to overrule the SPE. Starting out, the applicant has 2 votes against them.
With a junior examiner, the PreAppeal Conference is hopelessly rigged. You are not going to win. Period.
On the flip side, when there is a primary examiner, the PreAppeal Conference can be remarkably effective.
The SPE typically does not review the primary’s actions, so they are not biased towards the position of the examiner. With a primary, it usually makes sense to give the SPE a quick call after an interview with the primary. I like to let the SPE know how well the interview went, and sometimes ask for their read on the situation. When this conversation goes well, the PreAppeal Conference is extremely successful, since the SPE will likely cast the deciding vote.
Pro Tip: PreAppeal Conferences are better for legal issues with less about the technical ones.
For technical issues, the other members of the board are not going to know the details of the invention, so they will defer to the examiner’s view of the technical issues. Solid, well described legal arguments are much more powerful in this forum.
Another key: make sure you are really right. If you have a specious argument or half-baked reasoning, you are not going to move the needle and the PreAppeal Conference will result in going to the PTAB or making an amendment in an RCE.
Remember that you are presenting the examiner with a preview of what they will see on appeal. The examiner’s calculus goes like this: is it better for the examiner to lose a little face at the PreAppeal Conference, or write an Examiner’s Answer during the appeal phase?
The P3 Program has a unique, unadvertised twist to the process that can kill your chances.
The unadvertised feature is that the PreAppeal Conference board is assembled by an administrative assistant in the technology center, but the P3 board is assembled by the SPE. This is a critical difference.
With the P3 program, the Office is trying to address an internally perceived problem that they believe they have with the PreAppeal Conference, which is the technical knowledge of the third member of the board.
The third member of the PreAppeal Conference is the first available examiner from any technology center and with any type of technical background. This person is essentially selected at random, and often has no technical competence in the area.
With the P3 program, the third person is picked by the SPE. This gives the SPE the ability to stack the deck in their favor, intentionally or not.
By letting the SPE pick the board, the PTO was hoping that someone with technical expertise would be on the board to help decide the applicant’s technical issues. The unintended consequence is that the SPE can stack the board – and probably does so unintentionally when it is not done deliberately.
By letting the SPE pick the board, the SPE is not likely to pick someone who will be disagreeable. Would the SPE reach out to anyone who would make the P3 board more confrontational and painful – or would the SPE reach out to someone agreeable and easy to manipulate?
I am not willing to take the risk that the SPE will avoid controversy and will unintentionally – or even intentionally – stack the deck against the applicant.
There are other reasons why PreAppeal Conferences are better than P3.
PreAppeal Conferences are a net lower cost – and less stressful – than P3.
Another element of the P3 program is that is different from PreAppeal is that you do not pay the appeal fee ($400 for small entity/$800 large). The effect of the Notice of Appeal and appeal fee in the PreAppeal Conference is that it satisfies the statutory limit to respond to an Office action. However, with P3, the statutory limit to respond to an Office action is NOT stopped, so the Office has to hustle through the P3 process to give you an answer.
You could be faced with a three month extension of time ($750 small/$1500 large) if the process soaks up the entire time. Because the applicant does not have control over how fast the Office decides the case and the Office has no specific penalties for dragging its feet, you should plan on eating into your extension of time and the associated costs.
The Office appears to be very worried about the time frame and its ability to find the right examiners for the board, set up the phone/WebEx session between the applicant and three examiners, and get a decision. If there were no time constraints like with PreAppeal Conferences, I would suspect that there would be better, more thoughtful analysis and the results would be better. I would hate for the decisions to be rushed when they did not have to be. I pity the practitioner who tries to do this in August/September, when every examiner is trying to make quota (or earn a bonus) before the end of the fiscal year.
PreAppeal Conferences do not have the statutory time limit hanging over everyone’s head, so the board can take as much time as necessary to reach a decision – and you have a fresh clock to respond once the decision is rendered. 3P forces the PTO and the applicant to make quick decisions with an (expensive) clock ticking all the time.
The Applicant must respond quickly during the P3 program. They must decide quickly, write their brief quickly, then pray that the PTO has their ducks in a line. The PTO could very well delay your case unnecessarily, pushing you to the end of your six month date. This can be stressful for the Applicant to make the appropriate decisions and respond quickly. It would be so much better to relieve the unnecessary schedule pressure and just file the Notice of Appeal.
Prosecution Tip: The positive effects of the P3 program can be had without the headaches.
If you have a primary examiner on your case, I would prefer the PreAppeal Conference over the P3 program – hands down. When the final action comes out, have an interview with the primary and try out your arguments that you want to try in the PreAppeal. Then call the SPE and have the same conversation, but without the primary present, then file the PreAppeal Conference request.
The net effect is that you made your oral arguments with the two most important members of the board, which is essentially the same as making the oral arguments on a P3 case. The SPE does not have direct control over who is on the board, so you don’t have that stacked against you. Also, the Notice of Appeal stops all of the unnecessary pushups to meet the statutory deadline. You were never going to win on a technical argument anyway, so it doesn’t really matter that the third member of the board knew the art or not.
I would pick the PreAppeal Conference.
My wish list for the P3 program and PreAppeal Conference:
One of the best ways to fix the problems with PreAppeal and P3 reviews would be to require three examiners with full signatory authority on the board. A primary and their SPE is OK, but a junior and their SPE should only count for one vote. When the examiner is a junior examiner, they should have a voice (since they did the heavy lifting and understand the technology) but they should not be able to vote – because they are not qualified to vote. There needs to be three examiners each with signatory authority on the board for the applicant to get a fair shake. Right now, PreAppeal Conferences are unfair when you are stuck with a junior examiner.
I would also like to see the P3 program to require the Notice of Appeal and Appeal fee. This would stop the time limit pressure and give the applicant – and the Office – more time to reach the best decision possible for the public. I don’t see this as a huge financial cost, and in most cases, it will probably be a net cost savings.
In general, I like the PreAppeal Conference system. It works well (but when you have a primary examiner) and is remarkably quick and efficient. I am not convinced that the P3 program fixes the main problems of the PreAppeal Conference.
It is interesting that the P3 program is launched in the last fiscal quarter of the year. Woe to the practitioner who attempts to get the Office to wrangle a review board, set up a conference, deliberate on a decision, then write up a meaningful explanation – all within the 4-6 week goal of the USPTO. We all know how well that will go.
The post <a href="https://krajec.com/preappeal-conference-p3-program-hopelessly-rigged-practice-tips-savvy-practitioner/">Are the PreAppeal Conference and P3 Program Hopelessly Rigged? Practice Tips for the Savvy Practitioner.</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
</item>
<item>
<title>How to Select a Patent Attorney</title>
<link>https://krajec.com/select-patent-attorney/</link>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Fri, 06 Feb 2015 01:02:21 +0000</pubDate>
<category><![CDATA[Patent Basics]]></category>
<category><![CDATA[Patents in Business]]></category>
<category><![CDATA[The Business of Patent Law]]></category>
<guid isPermaLink="false">http://krajec.com/?p=3661</guid>
<description><![CDATA[Most entrepreneurs do not know how to select a patent attorney. Inventors and entrepreneurs are often mystified by the prospect of selecting a patent attorney – and the patent attorney knows this. There are several patent attorneys in my area who give each client a large, bound volume that has their patent search results, their…
The post <a href="https://krajec.com/select-patent-attorney/">How to Select a Patent Attorney</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[<h3>Most entrepreneurs do not know how to select a patent attorney.</h3>
Inventors and entrepreneurs are often mystified by the prospect of selecting a patent attorney – and the patent attorney knows this.
There are several patent attorneys in my area who give each client a large, bound volume that has their patent search results, their filed patent application, and the prosecution history of their patent. These are huge volumes, meticulously bound with gold embossed lettering on the spine.
The inventors carry these volumes around, treating them like gold.
The sad part is that these patent applications are so terribly written that they will never withstand any serious scrutiny, such as the due diligence that a venture capital company will do – and especially not litigation if there ever was an infringer.
Here is my suggestion for evaluating two or more patent attorneys: 

1. Call each prospective patent attorney and ask for a sample of their work, preferably two issued patents, but a published application will be OK.
2. Take the work samples to *another* attorney and ask them several questions:
How would you attack this patent if it were asserted against me? 
Would you do anything different if you were to write this patent? 
What do you like/dislike about this patent?
This would be even better if you could take your prospective patent attorney’s work to a patent litigator, who is an expert at tearing apart patents – probably more so than another patent attorney.
The point of this process is to have *other experts* evaluate your prospective patent attorneys. You want professional opinions about the quality of your prospective patent attorney. Don’t make your decision based on superficial things, like whether the attorney gives you a big, bound volume of useless paper or not.
The post <a href="https://krajec.com/select-patent-attorney/">How to Select a Patent Attorney</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
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</item>
<item>
<title>What does a response to Office Action cost?</title>
<link>https://krajec.com/what-does-a-response-to-office-action-cost/</link>
<comments>https://krajec.com/what-does-a-response-to-office-action-cost/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Sat, 27 Dec 2014 01:37:01 +0000</pubDate>
<category><![CDATA[Patent costs]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">http://krajec.com/what-does-a-response-to-office-action-cost/</guid>
<description><![CDATA[A response to Office action typically costs $3000-5000. A response is filed by a patent attorney when a patent examiner rejects a patent application, and the cost reflects the effort and expertise it takes to guide your invention to allowance.
The post <a href="https://krajec.com/what-does-a-response-to-office-action-cost/">What does a response to Office Action cost?</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[A response to Office action cost $3000-5000 typically. A response is filed by a patent attorney when a patent examiner rejects a patent application, and the cost reflects the effort and expertise it takes to guide your invention to allowance.
A response typically involves understanding why the examiner rejects the claims, then figuring out the best way to respond. There are two main ways to respond: argue or amend. An argument is an attempt to persuade the examiner that there was an error in the rejection. Amendments are changes to the claims that hopefully overcome the examiner’s rejection.
The examiner’s rejection is supposed to explain why the examiner thinks that the invention is not worthy of a patent. The rejection should cite prior art, typically other patents, that show the claims – and the examiner is supposed to explain how the prior art is interpreted. In some cases, the examiner may have overlooked portions of the prior art or your patent application, or the examiner may have made a mistake in their analysis.
An argument may politely point out where the examiner’s error may have occurred in a polite but convincing way.
An amendment may better explain the claims so that the examiner can allow the claims in light of the prior art. In some cases, an amendment may narrow the claims to get around a prior art reference. The Office action cost takes into account a good bit of work for the attorney.
When considering an amendment, the attorney must keep in mind the business purpose of the patent. In some cases, a narrowing amendment may make the patent useless from a business standpoint. In such cases, the attorney should consider whether or not to recommend abandoning the patent application.
In some cases, the attorney may wish to appeal the patent application. The appeal process is a two-stage process: the pre-appeal conference and the full appeal. The pre-appeal conference is a short argument that is considered by the examiner, the examiner’s supervisor, and a third examiner. I have had very good success from the pre-appeal conferences where the prosecution is reopened or the patent has been allowed. The full appeal is a much more costly and time consuming process where three administrative judges consider a very lengthy appeal brief that is prepared by the attorney. The full appeal process may cost in excess of $15,000 in some cases.
The average US case has 4.2 office actions per case. Be prepared to spend appropriate amounts to make sure you get the right claims – claims that make business sense.
<a href="http://blueironip.patenteducation.org">BlueIronIP</a> has been created to address the expenses associated with getting a patent. <a href="http://blueironip.patenteducation.org">BlueIronIP</a> manages the entire patenting process while charging a flat monthly fee that is predictable and stable. 
The post <a href="https://krajec.com/what-does-a-response-to-office-action-cost/">What does a response to Office Action cost?</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
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<slash:comments>6457</slash:comments>
</item>
<item>
<title>My patent was rejected – what do I do?</title>
<link>https://krajec.com/my-patent-was-rejected-what-do-i-do/</link>
<comments>https://krajec.com/my-patent-was-rejected-what-do-i-do/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Fri, 26 Dec 2014 23:21:47 +0000</pubDate>
<category><![CDATA[Patent Basics]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">http://krajec.com/my-patent-was-rejected-what-do-i-do/</guid>
<description><![CDATA[My patent was rejected by the patent examiner - what do I do?
First off, do not worry.
The back-and-forth process between the examiner and applicant is a necessary part of getting a strong patent allowed. You want the examiner to fully understand the invention and do a competent job of searching. If the examiner does a poor job, your patent will not withstand attack. You want the examiner to do a good job.
The post <a href="https://krajec.com/my-patent-was-rejected-what-do-i-do/">My patent was rejected – what do I do?</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[My patent was rejected by the patent examiner – what do I do?
First off, do not worry.
The back-and-forth process between the examiner and applicant is a necessary part of getting a strong patent allowed. You want the examiner to fully understand the invention and do a competent job of searching. If the examiner does a poor job, your patent will not withstand attack. You want the examiner to do a good job. 
 
When you receive a rejection, the examiner will cite references which are typically other patents and sometimes “Non-Patent Literature”. In the Office action, the examiner will explain how the references show the features of your claims. Sadly, many of the examiners use a lot of shorthand notation and not a lot of verbose explanation, and this can seem hard to understand and quite daunting. I have responded to over 1000 Office actions, and I would be happy to explain what the examiner is trying to say.
In some cases, the examiner may be wrong. The examiner may not fully appreciate the nuance of your invention, or the examiner may not fully understand the references. The patent attorney/agent must politely yet persuasively argue the proper interpretation. 
In some cases, the examiner may be right. The patent attorney/agent might amend the claims to get around the references, which may narrow the invention. In some cases, the narrowed claims may not have much business value and the patent application may be abandoned.
The industry average is between 4 and 5 Office actions *on average*. Some cases will have many, many more Office actions, and some will have fewer. I have had cases with well more than a dozen Office actions, and some that have a first action allowance.
The post <a href="https://krajec.com/my-patent-was-rejected-what-do-i-do/">My patent was rejected – what do I do?</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
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<slash:comments>3355</slash:comments>
</item>
<item>
<title>What does a patent cost?</title>
<link>https://krajec.com/what-does-a-patent-cost/</link>
<comments>https://krajec.com/what-does-a-patent-cost/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Fri, 26 Dec 2014 22:54:46 +0000</pubDate>
<category><![CDATA[Patent costs]]></category>
<category><![CDATA[Patent Financing]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">http://krajec.com/what-does-a-patent-cost/</guid>
<description><![CDATA[A typical US patent will cost about $40,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a "high technology" invention, and your mileage may vary. This price is highly variable - sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see <a href="http://blueironip.patenteducation.org">BlueIronIP</a>.
I break the patent cost into drafting ("preparation") and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. Just because your patent was rejected initially, that is not a bad thing.
Typically, the costs are roughly half preparation and half prosecution.
The post <a href="https://krajec.com/what-does-a-patent-cost/">What does a patent cost?</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[A typical US patent costs around $60,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a “high technology” invention, and your mileage may vary. This price is highly variable – sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see <a href="http://blueironip.patenteducation.org">BlueIronIP</a>.
The patent costs are broken into drafting (“preparation”) and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. <a href="https://krajec.com/my-patent-was-rejected-what-do-i-do/">Just because your patent was rejected initially, that is not a bad thing.</a>
<figure class="wp-block-image"><a href="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.pdf" target="_blank" rel="noreferrer noopener"><img decoding="async" width="237" height="300" src="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost-237x300.png" alt="What does a patent cost" class="wp-image-3755" srcset="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost-237x300.png 237w, https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.png 298w" sizes="(max-width: 237px) 100vw, 237px" /></a><figcaption><a href="https://krajec.com/wp-content/uploads/sites/5/2019/01/infographic-what-patents-cost.pdf">Click to download PDF</a></figcaption></figure>
Typically, the costs are roughly half preparation and half prosecution. 
Patent preparation costs should be $15K+ for drafting the patent application. This will include a very significant cost of learning your technology and your business goals, then crafting the patent application to match your needs.
Patent prosecution costs will average about $20K. This will include going back and forth with the patent examiner, interviewing the examiner and, where applicable, the examiner’s supervisor, and going to appeal if necessary. Once there is allowable subject matter, the issue fee is paid and the patent is granted.
There is a large variability in costs to get a patent. Some will issue quickly and not cost so much, but others may take a considerable amount of effort and cost to get allowed.
<a href="http://blueironip.patenteducation.org">BlueIronIP.com</a> was created to address this specific need. BlueIronIP finances patents at a flat, monthly cost so that the patent expenses are fixed and predictable. See www.blueironip.com for more details.
The post <a href="https://krajec.com/what-does-a-patent-cost/">What does a patent cost?</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
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</item>
<item>
<title>BlueIron IP – Financing Patents</title>
<link>https://krajec.com/blueiron-ip-financing-patents/</link>
<comments>https://krajec.com/blueiron-ip-financing-patents/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Wed, 17 Dec 2014 22:54:41 +0000</pubDate>
<category><![CDATA[Patent Financing]]></category>
<category><![CDATA[Patent Strategy]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">http://krajec.com/blueiron-ip-financing-patents/</guid>
<description><![CDATA[<a ref="http://blueironip.com">BlueIron IP</a> finances patents for companies where the cost of capital is high.
Your capital is very expensive as a startup, and needs to be used to develop prototypes, marketing, building inventory, fulfilling sales, and general expenses. When capital is expensive, it makes much more sense to rent rather than buy.
BlueIron IP gives you full control of your patent assets so you can keep competitors out of your marketplace, but the financing arrangement manages your expenses. Your patent expenses are fixed, smooth, and predictable, so that IP is a manageable budget item.
BlueIron's financing arrangement is similar to a commercial lease-back arrangement, where you have a buy-back option that can be exercised at any time, yet BlueIron is providing the capital for obtaining and managing your patent portfolio.
The Net Present Value of BlueIron's financing can be less than the up front cost of paying for a patent, especially when your cost of capital exceeds 10%.
A huge side benefit to using BlueIron: professional portfolio management that has a vested interest in the *business value* of your patents.
Check out <a href="http://blueironip.patenteducation.org/">BlueIron IP</a> for more details or contact me at russ.krajec@blueironip.com.
The post <a href="https://krajec.com/blueiron-ip-financing-patents/">BlueIron IP – Financing Patents</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[<a ref="http://blueironip.com">BlueIron IP</a> finances patents for companies where the cost of capital is high.
Your capital is very expensive as a startup, and needs to be used to develop prototypes, marketing, building inventory, fulfilling sales, and general expenses. When capital is expensive, it makes much more sense to rent rather than buy.
BlueIron IP gives you full control of your patent assets so you can keep competitors out of your marketplace, but the financing arrangement manages your expenses. Your patent expenses are fixed, smooth, and predictable, so that IP is a manageable budget item.
BlueIron’s financing arrangement is similar to a commercial lease-back arrangement, where you have a buy-back option that can be exercised at any time, yet BlueIron is providing the capital for obtaining and managing your patent portfolio.
The Net Present Value of BlueIron’s financing can be less than the up front cost of paying for a patent, especially when your cost of capital exceeds 10%.
A huge side benefit to using BlueIron: professional portfolio management that has a vested interest in the *business value* of your patents.
Check out <a href="http://blueironip.patenteducation.org/">BlueIron IP</a> for more details or contact me at russ.krajec@blueironip.com. 

The post <a href="https://krajec.com/blueiron-ip-financing-patents/">BlueIron IP – Financing Patents</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
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<slash:comments>4251</slash:comments>
</item>
<item>
<title>Patents for Defending Your Company</title>
<link>https://krajec.com/patents-for-defending-your-company/</link>
<comments>https://krajec.com/patents-for-defending-your-company/#comments</comments>
<dc:creator><![CDATA[russkrajec]]></dc:creator>
<pubDate>Mon, 06 Oct 2014 20:36:56 +0000</pubDate>
<category><![CDATA[Defensive Patent Strategies]]></category>
<category><![CDATA[Patent Drafting Theory]]></category>
<category><![CDATA[Patent Portfolios]]></category>
<category><![CDATA[Patent Strategy]]></category>
<category><![CDATA[Patents in Business]]></category>
<guid isPermaLink="false">http://krajec.com/patents-for-defending-your-company/</guid>
<description><![CDATA[Many entrepreneurs and business owners want patents that will defend their company against competitors, but few companies actually have a proactive plan for investing their patent assets wisely. <a href="http://blueironip.patenteducation.org">BlueIron IP</a> is one way for you to get the benefit of a professionally managed patent portfolio at an affordable cost.
To defend your company, you want patents that are (1) litigation worthy and (2) relate directly to your company’s products and services. 
Litigation worthy patents are not the garden variety patents that you get from your local patent attorney. The primary goal of the litigation worthy patent is to get a good examination. This means presenting the invention clearly and succinctly so that the examiner grasps the invention and can do a good search. The second goal is to avoid all of the many pitfalls that can sink a patent in litigation, such as avoiding patent profanity, providing too little (or too narrow) support for variations, and many others.
The post <a href="https://krajec.com/patents-for-defending-your-company/">Patents for Defending Your Company</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></description>
<content:encoded><![CDATA[Many entrepreneurs and business owners want patents that will defend their company against competitors, but few companies actually have a proactive plan for investing their patent assets wisely. <a href="http://blueironip.patenteducation.org">BlueIron IP</a> is one way for you to get the benefit of a professionally managed patent portfolio at an affordable cost.
To defend your company, you want patents that are (1) litigation worthy and (2) relate directly to your company’s products and services. 
Litigation worthy patents are not the garden variety patents that you get from your local patent attorney. The primary goal of the litigation worthy patent is to get a good examination. This means presenting the invention clearly and succinctly so that the examiner grasps the invention and can do a good search. The second goal is to avoid all of the many pitfalls that can sink a patent in litigation, such as avoiding patent profanity, providing too little (or too narrow) support for variations, and many others.
 
A good examination also means being particular about the claims and avoiding many prosecution mistakes. The examiner may propose amendments to the claims to allow the case, and your local patent attorney may be very tempted to take the examiner’s suggestions. The easiest way to please a client is to get a patent allowed, but the examiner’s suggestions may severely limit the claims when it comes to litigation and enforcement. 
A patent attorney who has the client’s latitude and support to fight for enforceable claims is a very rare situation. Typically, a patent has been pending for many years and there is finally a hope of having a patent granted, the client is tired of spending more and more money, and there is very little patience or tolerance for spending even more money on the patent, which still may never issue.
The litigation worthy patent must also read directly on a competitor’s product when they enter your marketplace. Since the patent tends to be issued many years after drafting, it is critical that the claims track any changes to product strategy. 
Tracking product strategy means that the patent attorney must be involved in new changes to the product so that changes may be made during patent prosecution. It also means that the changes/pivots/improvements/pitfalls of the product should be discussed and included in the original patent application. Only when these options are available to the attorney during prosecution can the claims be adequately amended to track improvements to products in the marketplace.
The post <a href="https://krajec.com/patents-for-defending-your-company/">Patents for Defending Your Company</a> appeared first on <a href="https://krajec.com">Krajec Patent Offices</a>.
]]></content:encoded>
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