Author: Aindrila Mitra
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Avoiding “Nonce Words”: Terms That Cause 112(f) by Accident
Patents fail more often because of bad words than bad ideas, and one of the most dangerous problems is something called 112(f), which can be triggered by accident when you use certain innocent-looking terms known as “nonce words.” These words sound helpful and flexible, but courts often treat them as placeholders that secretly limit your…
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Means-Plus-Function (112(f)): Triggers, Structure, and Safe Drafting
Means-plus-function under Section 112(f) is one of the most dangerous rules in patent law because it can quietly shrink your patent without you realizing it. One innocent phrase can limit your invention to a few examples in your spec, making it easy for others to design around you later. This article explains, in plain and…
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Functional Claiming: How Far You Can Go Under §112
Most founders do not lose patent rights because their idea was weak.They lose them because they described the idea the wrong way. Functional claiming sits right at the center of that problem. It is one of the most powerful tools in patent writing, and also one of the easiest ways to destroy your own patent…
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Definiteness After Nautilus: Plain-English Rules That Pass
Patents often fail for one simple reason: the words are not clear enough. After the Supreme Court’s Nautilus decision, that problem became fatal. The rule is now strict and unforgiving—if a patent claim does not clearly tell a skilled reader exactly where the invention starts and stops, it does not survive. There is no room…
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Written Description 101: How to Show You Really Possess the Invention
Written description is the part of a patent that proves you truly had the invention when you filed, not just a big idea or a future plan. It shows, in clear and concrete words, what you built, how it works, and why it works that way, so a patent examiner can see that you were…
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Enablement Made Simple: The Wands Factors Explained
Most patents fail for one quiet reason. Not because the idea was bad. Not because someone else invented it first. They fail because the patent did not teach enough. That single idea is called enablement. Enablement is the rule that says your patent must explain your invention so clearly that a normal engineer could rebuild…
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Section 112 Basics: Enablement, Written Description, Definiteness
If you are building something new, your idea lives first in your head, then in your code, then in your product. A patent is what turns that idea into something the law can protect. But here is the part most founders never hear about until it is too late. The strongest patents do not fail…
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Red Teaming Your Program: How to Test for Weak Spots
Most programs fail in quiet ways. Not because the idea was bad, but because no one tried to break it early. Red teaming is the habit of attacking your own work before the world does. You look for cracks on purpose. You test the edges. You assume something will go wrong and you go find…
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M&A Readiness: Data Rooms for Trade Secret Programs
If someone wanted to buy your company tomorrow, could you prove what you actually own? That single question decides whether deals move fast, stall, or fall apart. In mergers and acquisitions, trade secrets often matter more than patents. Your code, models, data pipelines, processes, and know-how are usually the real value. But here is the…
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Governance Dashboard: KPIs for Trade Secret Health
Most founders talk about patents. Very few talk about trade secrets. Yet for many startups, trade secrets are the real gold. Your code logic. Your model tweaks. Your internal process. The quiet details that make your product hard to copy. The problem is simple. You cannot protect what you do not track. Trade secrets do…