Save That Date!

What’s in a priority date?  You might look on the face of a patent and see a filing date.  It might also have a list of priority documents such as an earlier filed PCT or provisional application.  So, is it that simple?  In a word - No. There are a number of factors that go [...]

By | 2018-08-07T15:00:12+00:00 August 7th, 2018|Blog, Groundworks|0 Comments

The Bus Driver

Pretend you’re the bus driver. That’s how my dad would start the puzzle. Then he’d proceed: At the first stop, 8 people get on. At the 2nd stop, 2 passengers get off and 5 more get on. A the 3rd stop, 6 people get off and 4 more people come aboard. And so on, it [...]

By | 2018-07-10T18:49:00+00:00 July 10th, 2018|Blog, Groundworks|0 Comments

Watch your language!

Probably not the language your parents warned you about, but certain trigger words may land your patent claims in hot water. On April 19, 2018, the USPTO issued a memorandum on examination procedure following the Federal Circuit’s decision in Berkheimer v. HP Inc., 881F.3d1360 (Fed. Cir. 2018). The Berkheimer case examined the second part of the [...]

By | 2018-05-15T02:55:42+00:00 May 15th, 2018|Blog, Groundworks|0 Comments


There is a time and place for expansive thinking. And then there’s a time and place where getting down to brass tacks and concentrating on one or just a few things pays off. IP is no exception. It can be tempting to file patent applications on every new idea. But this broad approach can siphon [...]

By | 2018-05-08T17:07:02+00:00 May 8th, 2018|Blog, Groundworks|0 Comments

Eyes wide open

Who is your competition?  Has anyone done something like this before? These questions come up with some frequency. And I have noticed that the desired response from a set of entrepreneurs is “no one.”  But really?  Most inventions are built on a synthesis of existing ideas with a new twist or addition. It reminds me [...]

By | 2018-04-03T20:44:44+00:00 April 3rd, 2018|Blog, Groundworks|0 Comments

It meant what it said and it said what it meant, or did it?  Interpreting patent claims.

“I meant what I said and I said what I meant. An elephant's faithful one-hundred percent!”   ― Dr. Seuss, Horton Hatches the Egg With elephants, at least according to Dr. Seuss, it’s all relatively straight forward.   But when it comes to patent claims, do they say what the mean and mean what they say?  Patent [...]

By | 2018-02-12T19:13:40+00:00 February 12th, 2018|Blog, Groundworks|0 Comments

Who Owns This Patent?

It’s mine . . . NO, IT'S MINE! Sound like a scene from the kindergarten sandbox? It could be, but this is about a struggle between your company and another individual or entity (such as university or company) over patent rights.  Not something you want, particularly when you are out looking for funding. It may [...]

By | 2018-01-29T22:42:55+00:00 January 29th, 2018|Blog, Groundworks|0 Comments

Your Lawyer – Your Problem Solver

I read a tweet the other day advising start-ups about seeking a lawyer’s advice.  It was phrased as “unfortunately necessary.”  That gave me pause.  I like the “necessary” part, but the “unfortunately”, really?  That’s not how I think of myself or my profession generally. I like to think of lawyers as problem solvers.  That’s probably [...]

By | 2018-01-22T16:23:43+00:00 January 22nd, 2018|Blog, Groundworks|0 Comments