Clients Save Money and Get Better Patents When Attorneys Use This Solution

As a “recovering patent lawyer,” I now realize that I wasted a whole lot of my clients’ money over the years because of the inherent inefficiencies that have been built into patent practice.  In this regard, I wrote about the money wasted by old fashioned patent filing systems in this post a while back, a fact which I think dictates that clients insist that their lawyers adopt electronic filing systems.  I have also written about the money wasted as a result of the inability of many clients to judge the value provided by their patent lawyers, which I believe is a result of information asymmetry. Another waste of money comes from the time needed to review patent filings during the drafting process.  The highly technical nature of patent application and claim drafting requires detailed review of an application on multiple occasions prior to filing.  Each review requires the time of the drafting attorney, who is often backed up by an attorney with an even higher billing rate, and the client pays for this time.   What the attorney is looking for in these reviews typically involves “fly specking” the application for insertions or omissions that could affect the scope and validity Continue Reading →

Open Innovation Insights: 5 Biggest IP Legal Mistakes Small Companies Make When Working with Large Companies

Open Innovation guru Stefan Lindegaard recently asked me what the biggest IP legal mistakes small companies make when they are working with large companies.   This is a subject very near and dear to my heart, as I am currently “moonlighting” as GC of a start up energy company that is moving toward licensing our technology into large companies.  Also, as a senior IP lawyer at a multi-national consumer products company, I was on the other side of such deals on more occasions than I can count.  Prior to that, I was a law firm partner representing large and small corporations in patents and licensing issues, and in doing so, I now realize that I killed more deals than I ever facilitated, a situation that is more typical of law firm lawyers than it should be, unfortunately. In view of this multi-faceted experience, I present this list of the 5 most common mistakes companies make when working with large companies in Open Innovation. 1.  Thinking you have all the answers for the large company’s problems: As a small company, you often have only have a single idea or technology and you quite properly focus your attention in this direction.  This can Continue Reading →