Category: General IP Management
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Challenging Blocking Patents: IPR, PGR, Opposition
You’ve built something powerful. Something new. You’re moving fast. But suddenly, there’s a patent in your way. A blocking patent. Maybe it’s owned by a competitor. Maybe it was filed years ago and covers the same idea you’ve just brought to life. Or maybe it’s overly broad and never should’ve been granted in the first…
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Doctrine of Equivalents: What It Means for FTO
If you’re building something new and want to make sure you’re not stepping on anyone else’s patent rights, you’re probably looking into an FTO—a Freedom to Operate analysis. It sounds technical (because it is), but here’s the thing: it’s just about making sure you can launch your product without getting sued. Sounds simple, right? But…
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Using File Histories to Narrow Competitor Claim Scope
When your competitor gets a patent granted, it can feel like they’ve just blocked off a chunk of your runway. Maybe they filed broad claims. Maybe the patent office let it slide. And now you’re wondering: Can we still build what we want without stepping on toes—or worse, triggering a lawsuit? What Is a File…
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Competitor Watchlists: Build an Always-On FTO Radar
You can build the best product in the world—but if it steps on someone else’s patent, your entire company can be at risk. This isn’t about competition or speed. It’s about survival. A single cease-and-desist letter can freeze your roadmap. A lawsuit can drain your funding. And the worst part? You often won’t see it…
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Predict the Next Office Action: Amend or Argue?
You filed a patent. Great. But now comes the part no one tells you enough about—the pushback. The USPTO comes back with questions. Concerns. Rejections. It’s called an “Office Action.” And when that happens, you’ve got two options: fix it or fight it. Amend the claims or argue your position. What’s Really Going On in…
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Train Your Team: Dashboards That Matter for Examiner Intel
You’ve probably heard it before: getting a patent approved can feel like a black box. You submit your application, wait, and hope for the best. But behind the scenes, there’s a person who plays a major role in your success—the patent examiner. And the better you understand them, the better your odds. Understanding Examiner Behavior…
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Build a Firm-Wide Examiner Knowledge Base That Compounds
Most patent teams are flying blind. Every time a new patent examiner comes up, it’s like starting from scratch. You’re guessing what they’ll allow, what they hate, how they think. And that guessing game? It wastes time, burns money, and drags out the process. What Is an Examiner Knowledge Base—and Why Most Firms Don’t Have…
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101 Rejections Made Simple: A Playbook That Actually Works
If you’re reading this, there’s a good chance your patent got hit with something called a 101 rejection. Or maybe you’re just trying to avoid it. Either way, you’re in the right place. Here’s the deal. Most smart inventors and founders don’t expect to get a 101 rejection. Especially if what they’ve built is actually…
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Beating Alice: Practical “Practical Application” Arguments
If you’re building something real—writing code, training models, designing systems—you want to protect it. You want to own it. That’s what patents are for. But if your tech touches software, data, or algorithms, you’ve probably heard of Alice. Or maybe you’ve been hit with a rejection under it. What “Practical Application” Actually Means (And Why…
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Berkheimer-Style Evidence: Using Facts to Win 101
If you’re building something new—something that uses code, AI, or any kind of tech—you’ve probably heard this before: “Your patent might not survive a 101 challenge.” That sentence can stop your momentum fast. It sounds like legal doom. And the truth is, Section 101 of the patent law (the one that says your invention must…