Anything Under the Sun Made by Man

It has been about two years since I stumbled onto blogs and began my own. I can heartily attest that it has been a very rewarding experience in several ways.

As much as patent professionals like to harp about the advantages of patents, copyrights, or trademarks, it is also like asking a barber if you need a haircut.

Patent prosecution strategy has shifted in the last few years, but I think a prudent strategy may be to write a very good specification, claim broadly, and use divisional applications as an insurance policy.

In the Old Days, (prior to Festo), there was a general strategy of claiming very broadly in the first iteration of a patent application. The examiner would whittle away at the claims and the applicant would argue back and forth until a compromise was reached.

Then came Festo.

My two-year anniversary of hanging out my shingle was a month or two ago, and I suppose I should take some time to reflect on it.

Are you selecting the right things to patent? It is okay to start with the Big Inventive Idea, but look at the business as a whole to select what actually gets protected.

People come to me with inventive concepts that they want to patent. The engineer or inventor in them relishes the “cool factor” that comes from that incredible moment of conception of the concept. My experience is that the excitement and euphoria over the invention is often palatable years afterward. In fact, there are several of my own inventions that to this day bring goosebumps when I think of that very moment when I came up with the concept.

These concepts are often the ones written up in invention disclosures or used by the independent inventor to start a business.