Among technologists, it is commonly imagined that once the USPTO issues a patent then the rights and claims within that patent are ironclad.  The argument is thus: did not the government experts examine the claims?  Did not the experts at the USPTO make their decision to grant the patent?  Will not the government defend its position?  The answers are yes, yes, and not exactly.  In practice, the courts ultimately determine the validity of a patent and its claims.  This latter point is worthy of dilation. The problem starts with what things are considered patentable.  Contrary to even a few decades ago, most patents today are not for palpable inventions like latches, hooks, tools, or mousetraps.  Today, the claims often lay upon algorithms, software, processes, methods, and mechanisms, all impalpable and convolved.  I have great admiration for the professionals at the […]

A common fear among independent inventors is that someone will steal their idea.  So, the inventor files for a patent as quickly as possible.  Does this protect the idea?  Yes, and no.  First of all, consider that your application will be published by the US Patent and Trademark Office (USPTO) 18 months after the filing date of your application as per Title 35 United States Code.  See this location for details.  After publication, any person can request and will receive a copy of the application file.  Since the patent is already on file, the inquirer cannot steal the idea, per se, but you should be absolutely certain that your patent claims are broad enough that the inquirer cannot make simple changes and circumvent your patent.  This is one of the main assets that a patent attorney brings to the process. 

The next set of blogs will deal with how to maximize your profits with intellectual property, particularly patents.  Suppose you have an idea for an invention, maybe you have built a prototype.  This invention is hot.  When it goes to market, you will be richer than Bill Gates and Paul Allen combined.  Move over, Fort Knox.  You need to protect your invention.  Should you patent it? First, let’s discuss what a patent does.  Patents are issued by the United States Patent and Trademark Office (USPTO).  The basic steps are given here.  But keep in mind the purpose of a patent.  A patent does not give you the right to exclusively manufacture and produce the product.  It gives you the right to exclude others from making, using, selling, offering for sell or importing the invention.  If you find someone else using

“The best way to persuade people is with your ears – by listening to them.”  So said Dean Rusk, former Secretary of State, Rhodes scholar, and holder of a Berkeley law degree.  Rusk was once a decision maker of considerable gravity and he has something forceful to teach technologists. In my book, The Persuasive Wizard, I point out a special problem of technologists.  They hear differentially.  After a meeting, you can ask a technologist how the meeting went and she will have a strong opinion as to the outcome of the meeting and as to the decision makers’ reaction to the technology she presented.  However, if you ask her, “What did the decision makers actually say?” she is often clueless and if she does remember almost always incorrect. Why?  Three common suspects:  the technologist triggers off certain words or references

Garrison Keillor points out that on March 23, 1775 Patrick Henry delivered his famous line, “Give me liberty or give me death.”  Keillor goes on to state some interesting facts. Henry’s speeches were wonderful and charismatic and everyone was entranced by them but afterward, no one could remember what he had said.  Thomas Jefferson said of Henry, “His eloquence was peculiar, if indeed it should be called eloquence; for it was impressive and sublime, beyond what can be imagined.  Although it was difficult when he had spoken to tell what he had said, yet, while he was speaking, it always seemed directly to the point.  I asked myself when he ceased: ‘What the devil has he said?’  I could never answer the inquiry.” Doesn’t this sound a lot like technologists?  When they are presenting technology they sound so erudite, but

In my book, The Persuasive Wizard: How Technical Experts Sell Their Ideas To Non-technical Decision Makers, I discuss problems common but unique to technology experts.  I would like to consider one problem here and get your feedback. Outside their own specific area of expertise, many technology wizards lack an ego.  Here is the observation.  When technologists are talking about things in their field, either networking, electronics, web design, medical, or whatever, they are Chatty Cathy’s and go on and on and on.   (Usually to the point of exasperation on the part of the audience, but that is not the focus of today’s discussion.)  They exhibit high egos and often a sense of superiority. However, what I would like to point out is that many of them, once outside their technology domain, are unsure, timid, withdrawn, and reticent.  I posit that