Category: General IP Management
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Claim Amend or Argue? A Decision Tree for 101 Responses
You’ve built something new. Something that solves a real problem. You’re moving fast, talking to users, shipping updates, maybe even raising a round. Then the USPTO sends back a rejection under 35 U.S.C. § 101. Your patent application is getting blocked because they say your invention isn’t “eligible.” You hit a wall. What is a…
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102 Anticipation: How to Prove a Reference Doesn’t Teach Your Claim
You’ve come up with something new. You know it’s valuable. You’re ready to protect it. But suddenly, the patent examiner pushes back. They say your idea isn’t new. They point to something already out there—a patent, a paper, a product. They call it a “102 rejection.” They say it anticipates your invention. And just like…
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Non-Enabling Prior Art: Turn a 102 Rejection on Its Head
So you got a 102 rejection. That dreaded letter from the USPTO saying your invention isn’t new. Your stomach sinks. You think, “Did someone already beat me to it?” And suddenly, all the excitement about your idea starts to fade. What Is Non-Enabling Prior Art (And Why It Matters)? Understanding the Business Risk Behind It…
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Hidden Assumptions in 102: Attack Inherency the Right Way
You’ve probably heard it before. “Your invention isn’t new. It’s already out there.” That’s what 102 rejections are all about. The USPTO is saying your idea was already known or used by someone else before you filed your patent. But what if that’s not really true? What Inherency Really Means (And Why It’s So Dangerous)…
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Go/No-Go Decisions: Red-Yellow-Green FTO Outcomes
When you’re building something new—a product, a feature, a breakthrough idea—you’re moving fast. You’re testing, shipping, improving. But then comes the question nobody wants to slow down for: Are we actually allowed to do this? That’s what FTO—freedom to operate—is all about. It tells you if your invention or product might be stepping on someone…
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D2C Hardware FTO: Common Traps and Quick Checks
You’re building something real. It’s physical. It ships. It has parts, packaging, sensors, maybe even an app. You’re not just writing code anymore—you’re building hardware. And you’re selling it direct to customers. Why D2C Hardware Is a Patent Minefield (Even If You’re Just Starting Out) You’re Entering a Crowded Patent Landscape The truth is, hardware…
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FTO Budgeting: Right-Size Costs From Seed to Scale
When you’re building something new—whether it’s a product, platform, or breakthrough idea—the last thing you want is a surprise legal risk. But that’s exactly what can happen if you don’t plan for freedom to operate (FTO) early. And here’s the kicker: most startups either spend too much, too late—or ignore it entirely until investors or…
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Design Patent Clearance: Shapes, GUIs, and Icons
When you’re building something new—an app, a physical product, even just a button or screen layout—it’s not just the code or the hardware that matters. The way it looks can also be protected. That’s what design patents are for. And if you don’t check first, you might accidentally copy someone else’s protected design. That’s where…
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Standards & SEPs: FTO for Wi-Fi, 5G, Codecs, and More
Let’s get straight to it. If you’re building anything that connects, streams, compresses, or talks to the internet—you’re probably using tech that’s tied to industry standards. Think Wi-Fi, 5G, video codecs, Bluetooth, or NFC. And here’s the catch: these standards are often wrapped in something called SEPs—standard-essential patents. What Are SEPs and Why They Matter…
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Open-Source & FTO: Licenses That Create Hidden Exposure
Open-source code is a gift for startups. It saves time. It speeds up development. It helps founders build fast. But hidden inside that gift? Risk. Most engineers drop open-source code into their product without thinking twice. But every time you do that, you’re making a legal decision—one that could quietly blow up your startup later.…