“Know-go” – negative know-how that can be protected as a trade secret is among IP’s most overlooked assets

By Bruce Berman Thomas Edison famously said: “I have not failed. I have just found ten thousand ways that won’t work.” After hundreds of experiments with different materials for a long-lasting light bulb filament, Edison, as much as businessman as an innovator, zeroed in on carbonized thread. “At that point,” says James Pooley, author of […]

Why You (Probably) Can’t Sell or License Your Patent

By Jackie Hutter Potential clients frequently ask if they can successfully sell or license their patents; unfortunately, the answer is, far more often than not, “no.” Be it a cultural construct of “inventor exceptionalism,” repeated viewing of late-night infomercials by folks who like to tinker, or lazy journalism that elevates human interest stories about successful […]

Engaging Patent Brokers

By David Wanetick Suppose you wish to sell your house. Since you seek to sell your house “as-is”, you want to minimize your investment in the selling process and elect not to spruce up your house. To avoid paying a real estate agent commissions, you independently put your house on the market. While some lookie-loos […]

IP Holding Companies – Trade Secrets and Trade Secret Asset Management

By Donal O’Connell Introduction: An IP Holding Company exists to hold intellectual property on behalf of one or more other companies but does not necessarily manufacture products or supply services based upon the IP held. Prior to establishing an IP Holding Company, it is important to first ask what one wishes to achieve with one’s […]

IP Tips for Startups

By Mary Juetten Startups and their founders have a lot on their plates and a lot of issues that loudly announce themselves as front-of-mind. You need to hire the right people — can’t hope to grow without them. You need an attractive, functional and professional website to create a positive first profession. Finding an office […]

Better Patent Services for Innovators: Patentability Reviews

By Jackie Hutter Patent professionals can do a better job providing patentability review, or “opinion,” services for innovators. As most readers would recognize, a patentability review assesses whether the invention to be claimed will meet the legal requirements for patentability. In the US, this entails an assessment by a patent attorney, which can be based […]

Deception and IP Strategy

By Duncan Bucknell An act of deception has won many a military battle – from Sun Tzu to the Trojan Horse, from Alexander the Great, Hannibal or Napolean to the Spaniards defeating the overwhelmingly more numerous Incas. Here are some examples that I have seen deployed to mislead a competitor – what would you add? […]