General IP Strategy, In-House IP, Patent Strategy, Startup IP

PRO vs. CON: Provisional patent applications

[Before you read this post, read the IP Strategist disclaimer]
Patents can be very valuable, but also very expensive. So what about “provisional patents”? I almost always talk people out of filing provisionals. However, as with all other forms of IP, provisionals have their place. And when used in the right ways at the right times for the right reasons, they can provide tremendous value.  Continue reading “PRO vs. CON: Provisional patent applications”

General IP Strategy, In-House IP, Patent Strategy

Supreme Court Tightens Patent Venue… Whoop de doo.

[Before you read this post, read the IP Strategist disclaimer]

The headlines are calling the Supreme Court’s 8-0 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (May 22, 2017) “groundbreaking.” I’m not so sure. Yes, the case will affect where patent cases can be filed, and it may even be a short-term thorn in the sides of some patent trolls. But I predict little, if any, long-term impact.

Continue reading “Supreme Court Tightens Patent Venue… Whoop de doo.”

In-House IP, Patent Strategy, Startup IP

Should You Patent Your App?

[Before you read this post, read the IP Strategist disclaimer]

Well… it depends. Sometimes yes, most times no. Importantly, while people will say the software is not patentable, that is simply not true. Patents on innovations implemented in software are available and can be enormously valuable. But they may also be expensive or otherwise ill-advised in many instances. It is important not to jump in without a good understanding of the pros and cons as they relate to your business value and overall strategy. That said, it is also important to consult a patent attorney early and often to make sure you aren’t missing critical dates and losing rights.

Continue reading “Should You Patent Your App?”