Patently Strategic - Patent Strategy for Startups

Quality Patents

Jul 2, 2024

In this insightful discussion, Kristen Hansen, a patent strategy specialist and quality guru at Aurora, teams up with David Jackrell, President of Jackrell Consulting. They dive into the crucial aspects of patent quality, exploring its importance for startups. Topics include balancing quality and budget, effective prior art searches, and strategic drafting practices. The duo emphasizes the necessity of clear claims and the role of qualified professionals in enhancing patent protection. Tune in for practical tips and strategies to elevate your patent game!

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INSIGHT

Quality Determines Patent Value

Patent quality decides whether a patent is defendable property or a vanity.
High-quality patents reduce invalidation risk and enable flexible downstream strategies.

ADVICE

Balance Quality And Budget

Invest more upfront for high-value inventions to reduce prosecution and litigation costs.
For lower-value filings, prioritize core coverage and request extra inventor examples.

ADVICE

Treat Prior Art Searching As Art

Conduct professional prior art searches because searching is an art and reveals hidden risks.
Hire skilled searchers or pay an expert for a few hours to save prosecution and litigation costs.

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Is your patent a vanity piece of paper for your office wall? Or is it a reliable, defendable, assertable, property right? The difference is often quality.

Is your patent simply a transactional cost and a large pile of legal bills for your startup? Or is it a leverageable asset worthy of attracting precious investment dollars, worth its cost in multiples of valuation? The difference is often quality.

Is your patent application only good enough to get through the examination process? Or has it been crafted to stand the tests of time and varied audiences if you later need to assert that document against an infringer, find yourself litigating with it in an Article 3 Court at the hands of a judge and jury, God forbid, end up having to defend its validity at the PTAB, or even needing to use it to block pirated imports at the International Trade Commission? The difference is often quality.

Quality will be our focus for a good chunk of the remainder of this season. What goes into a quality patent, and where possible, how do you get it without breaking the bank?

** Episode Overview **

In this first episode of our quality series, Kristen Hansen and the panel discuss:

⦿ What do we mean when we say patent quality?
⦿ Why is patent quality important?
⦿ How to balance quality and budget
⦿ The importance of searching, continuations, and draftsperson domain expertise
⦿ Very practical tips, tricks, examples, and Kristen’s Musts for drafting quality applications

** Mossoff Minute **

In this month's Mossoff Minute, in honor of celebrating America’s independence, we’re flashing back to our conversation with Professor Adam Mossoff about why patents exist, how the US system differed from all predecessors, and how the Founders’ notions of the core principles of democracy are inextricably linked with the societal good that comes from innovation and intellectual property protection.

** Discussed Links **

⦿ Patent Anatomy: https://www.aurorapatents.com/blog/new-podcast-patent-anatomy
⦿ Claim Construction: https://www.aurorapatents.com/blog/claim-construction
⦿ Patent Wars: https://www.aurorapatents.com/blog/patent-wars-innovators-revolutionaries-and-the-race-to-reform
⦿ American Inventor Horror Story: https://www.aurorapatents.com/blog/new-podcast-american-inventor-horror-story

** Follow Aurora Patents **

⦿ Home: https://www.aurorapatents.com/
⦿ Twitter: https://twitter.com/AuroraPatents
⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/
⦿ Facebook: https://www.facebook.com/aurorapatents/
⦿ Instagram: https://www.instagram.com/aurorapatents/
⦿ TikTok: https://www.tiktok.com/@aurorapatents
⦿ YouTube: https://www.youtube.com/@aurorapatents/

Thanks for listening!

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