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 […]

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 […]

By Jackie Hutter The Takeaway: For startups whose development efforts lag behind a looming US utility application filing deadline, use of the “Request for Non-Publication” in US patent filing can allow them to preserve the option of shoring up their patent protection for an extended period in the future, while still retaining the priority date of […]

By Jackie Hutter Entrepreneurs seeking to maximize their company’s value must think beyond the “Usual IP Suspects,” that is, patents, trademarks, copyrights and trade secrets. I call these forms of IP the “Usual Suspects” because they are what entrepreneurs and their advisers invariably focus on when questions arise about protecting a company’s value. While these […]