By: Josh Sloat

​So many innovators need great patent protection at the time when they can least afford it. This is one of many reasons we're excited to announce that we're now officially accepting applications for the 4th Annual Recognition for Innovative Startup Excellence (RISE) Award! For the selected applicant, we will work closely with you and your team of inventors to provide one of the following:

​We'll be accepting applications through the month and announcing the winner later this summer. 
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It's tempting to overlook the expense of patenting, especially before you've secured funds, but one of the biggest mistakes we regularly see from inventors is publicly disclosing their idea before filing for patent protection. This comes with tremendous risk. You can lose all ability for international protection and potentially for the U.S., as well, depending on timing. Further, most investors are not willing to sign NDAs, so when pitching, you have little to no protection when sharing your idea if you haven't first applied for a patent. If you're thinking about taking your idea public or approaching investors, but financial constraints have you waiting on patents, you should strongly consider this award.

To learn more about the history of this award, it's past winners, and how it's helped in their innovation journeys, check out our Inventor Stories episode from Season Two of the Patently Strategic Podcast. 

We're taking applications starting now and going through June 30th. Click the button below to apply using our simple application and don't hesitate to reach out with any questions. Good luck and we can't wait to learn more about you and your innovations!
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By: Josh Sloat

What do investors want to see in patents? What do patents tell a potential investor about a founder? And what do investors wish inventors knew before coming to them?

To answer these questions and more, we're joined this month by Dr. Sridhar Iyengar, an angel investor and accomplished serial entrepreneur in the medical devices and wearables space. Having been on both sides of the table, Dr. Iyengar's unique insights provide a comprehensive understanding of the essential role that patents can play in securing funding and in your company's long term success. 

Sridhar and I are also joined today by:

Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

By: Josh Sloat

How does the use of or contribution to open-source software impact your intellectual property rights? 

​In this month's episode, we’re talking about software and the convoluted risk/reward interplay between patents, copyrights, and open source. Use of free open-source code can be an invaluable tool when building complex software applications. Why reinvent wheels? And depending on resources and budget, sometimes it’s the only practical way. But like with most things, free often isn’t really free. The cost is just transferred somewhere else. When it comes to open source, these short term savings can have significant long term consequences for your intellectual property rights. 

​We'll discuss answers to these questions and more. Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, exploring:

​We look at concerns through the eyes of both users and authors of open source. And pragmatically as we can, highlight how it’s possible to construct a strategy where open-source innovation is encouraged without forgoing all future earning power and without blocking others from using it. 

Kristen has worked both as a Software Engineer and a Software Patent Agent for the last two decades. She has worked closely with software inventors from Big Tech Valley giants looking to utilize open-source software, while still maintaining their assertable patent portfolios. We couldn’t think of a better person to lead this conversation! Kristen is also joined today by our always exceptional group of IP experts including:

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

By: Josh Sloat

Join us in-person April 13th and 14th at New Mexico Tech for an immersive workshop designed for inventors, investors, and entrepreneurs! This event is devoted to creativity, innovation, and the progression of ideas to market – and presents an exceptional opportunity to network with a highly focused group of innovators. We're sponsoring this event and our very own NMT alum, Ty Davis, will be hosting a booth. Be sure to stop by, say hello, and ask about our inventor notebooks! 

Date: Thursday April 13th and Friday April 14th, 2023
Location: Fidel Student Union Building | New Mexico Tech | Socorro, New Mexico
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By: Josh Sloat

Illustration: Declan Wrede

In this month’s episode, we’re talking about the patent reform solutions needed to save the innovation economy, with the revolutionaries who are leading the charge!

​Over the course of the past couple of months, we've had the opportunity and honor to host conversations with thought leaders across the patent world:

Working from their insights, this episode explores the biggest problems plaguing patenting and how those problems impact the innovation economy that so very tightly depends on strong, predictable, and reliable patents. Building on that understanding, we work toward getting a more complete view of the legislative, judicial, and educational solutions needed to get back to the gold standard patent system. In doing so, we not only talk with our guests about their support for the proposed solutions on the table, but we also explore the strongest criticisms. 
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​Nearly two decades worth of Federal Circuit and Supreme Court rulings have thrown the patent system into disarray and weakened patent rights for inventors. Subject matter eligibility is a confused, chaotic mess – leaving even the Federal Circuit Chief Justice at a loss on how to determine eligibility. The muddied state of invention enablement puts at risk the software innovations fueling economic growth and the key life science innovations that can save lives. Court interventions on injunctions have made it all but impossible for patent owners to stop others from using their property rights without permission, turning predatory infringement into an efficient business model. This already perfect storm was compounded by an act of Congress a decade ago that inadvertently created a patent killing machine that has weaponized the patent office against inventors. This has all been bolstered domestically by the deep pocketed marketing and lobbying campaigns of a big tech industry that is now destroying the ladder it once climbed up on. Amplifying the threats within and heightening the sense of urgency for solutions,  international exploitation in an undeclared cold war has led to one of the greatest wealth transfers in human history – and begs the existential question of who is going to develop the technologies of tomorrow. 

The problems are many and the stakes couldn't be higher, but hope is far from lost! With the help of our guests who are working tirelessly toward undoing the evisceration of our patent system, we explore the virtues and viabilities of a wide array of potential solutions to the biggest problems plaguing patenting:

​We’ve been wanting to do a patent reform focused episode like this for a long time, particularly since we covered US Inventor’s 2021 Decade of Stolen Dreams rallies with our American Inventor Horror Story episode – it was then that we truly witnessed firsthand just how devastating the America Invents Act and the PTAB have been for inventors. Flash forward a couple of years to present, and the makers of a new documentary entitled, “The Innovation Race” reached out to us to screen their film.

​With bipartisan interviews with folks like Senator Chris Coons from Delaware and Representative Thomas Massie from Kentucky, combined with a myriad of inventors, judges, generals, law professors, and policy experts, several of whom you’ll hear from today, the movie breaks down this systematic erosion of intellectual property rights and explains the imminent economic and national security threats of China exploiting these weaknesses in US patent protection. You can find options for streaming and learn more at innovationracemovie.com. The end of the film, which touches on solutions, provides a launching point for our discussion today. 

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
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By: Josh Sloat

​We’re leading off Season 3 with a close look at a Supreme Court patent case that could have profound impacts on the invention enablement problems we covered heavily in Season 2. SCOTUS is set to hear opening arguments in Amgen v. Sanofi on March 27th. For the first time in over 75 years, the Supreme Court is evaluating the meaning and scope of the enablement requirement. For those who’ve been following along, you’ll know that this has become one of the bigger issues plaguing patenting and especially so in the life sciences. 
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Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads our discussion today along with our all star patent panel, exploring the scientific background around antibodies necessary to understand the claims, a brief case history of Amgen v. Sanofi, an overview of the enablement factors and tests that have been historically applied in courts and how they might apply to this case, and a discussion around open questions and the potential unintended consequences of the Supreme Court only taking up one-half of the two-sided enablement coin. This ends up being a really great, spirited conversation with panel members coming down strongly on both sides of the case with very compelling arguments – really highlighting the complexities and fundamental issues the court will have to face. 

Ashley is joined today by our always exceptional group of IP experts including:

• David Cohen, Principal at Cohen Sciences
• Kristen Hansen, Patent Strategist at Aurora
• David Jackrel, President of Jackrel Consulting 
• Ty Davis, Patent Strategy Associate at Aurora

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

​If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.​

By: Josh Sloat

Foreign filing licenses – surprisingly sneaky and easy to overlook, but can come with significant consequences if you do. Many countries, including the US, require inventors to receive special permission to file with patent offices outside of the inventor’s – or invention’s – country. A foreign filing license is a government issued document that represents this permission for inventors and companies to file in foreign countries. Failing to receive this permission can come with serious ramifications including fines, patent revocation, and even imprisonment!

Why so serious? Well, like with most matters of foreign export compliance, it comes down to each nation’s strong desire to protect its own security and economic interests. Allowing ideas to cross borders comes with the risk of the unauthorized exportation of technologies and sensitive information that could have implications for military applications, national security, and state secrets. 
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In this month’s episode, we're bringing you along for a tale of international mystery and intrigue and into the clandestine world of foreign filing licenses. Ty Davis, Patent Strategy Associate at Aurora, along with our all star patent panel, discusses:

• The three main categories of filing license requirements
• Strategies for data collection and how to navigate potential conflicts
• And some example walkthroughs of international filing conflicts and their resolutions

Ty is joined by our always exceptional group of IP experts, including:

• Ashley Sloat, President and Director of Patent Strategy at Aurora
• Kristen Hansen, Patent Strategist at Aurora
• David Jackrel, President of Jackrel Consulting

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

​If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.​

By: Josh Sloat

If there were a guidebook we could hand to inventors on the first day following the conception of their idea, this episode would be it. 

When is it safe to talk about or sell your invention? How do you hedge against invalidation and rejection from competitor IP? How do you ensure you actually own your invention?

In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads a discussion along with our all star patent panel, exploring the most common patenting missteps taken by inventors and startups. The focus largely centers around three key areas: 
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• Disclosure. Publicly disclosing your invention before you have filed a patent application. 
• Search. Not searching to see if your invention or something similar already exists commercially or in publicly available resources.  
• Ownership. Not carefully contracting with outside vendors and employees to make sure you own your invention.

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The group highlights best practices for not making the mistakes in the first place and explores available remedial options should you already be in need of a rescue line.

Ashley is also joined today by our always exceptional group of IP experts including:

• Kristen Hansen, Patent Strategist at Aurora
  
• Ty Davis, Patent Strategy Associate at Aurora
  
• David Jackrel, President of Jackrel Consulting

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.​

By: Josh Sloat

​Join us December 8th online for my next MasterClass with our good friends at InnovatorMD! We'll be discussing how to make stronger, more robust life science patents.

In recent years, life science patents have grown increasingly vulnerable to rejection and invalidation due to judicial interpretations around the patent law concepts of subject matter eligibility and invention enablement. A retired US Court of Appeals Chief Justice has described the resulting environment as an “illogical, unpredictable, chaotic” mess.

The practical implications are staggering. When it comes to eligible subject matter, in the last five years, over 80% of abandoned life science applications had a final rejection from the USPTO stating that the innovation did not include patentable subject matter. As for enablement, case law is now littered with patents whose innovator’s ideas proved to be revolutionary, but whose patent claims ended up invalidated because they failed to demonstrate in their applications how their observations could be practically applied or failed to prove that they deserved the breadth of coverage they sought.

In this talk, we’ll help you make sense of the present state of the law, explore how you can avoid these common rejections, and provide some very practical tips for creating stronger, more robust life science patents. 

​InnovatorMD's mission is to globally advance the work of physician innovators and entrepreneurs delivering solutions that revolutionize patient care. They are a group of physician innovators from various backgrounds with a single vision - to spread physician innovation to the rest of the world and to have a positive impact on patient outcomes and physician wellness while moving the healthcare industry forward.

By: Josh Sloat

Patenting Biological, Chemical, and Emerging Technologies
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​Think your innovation is sufficiently enabled to secure, defend, and assert your patent rights? If it’s a biological, chemical, or emerging technology invention then you might want to think again. In today’s episode we’re looking into how to get more predictable results from the unpredictable arts.

Some technologies, like those rooted in physics and mechanics, are considered “predictable” by the US Patent Office, while others, like biological and chemical technologies, are generally considered “unpredictable.” It follows that the amount of disclosure required to enable an invention is related to the predictability of the technology, and so-called unpredictable arts require more description to teach a reader how to “make and use” the technology. Similarly, emerging technologies, being less well known, also require more disclosure to be fully enabled.
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In this month’s episode, David Jackrel, President of Jackrel Consulting, leads a discussion along with our all star patent panel, exploring enablement for the unpredictable arts and emerging technologies. The panel discusses peculiarities of patenting unpredictable art and emerging technologies, with a focus on modern case law and statutes to arrive at a set of best practices for getting more predictable results when patenting these technologies.

Dave is also joined today by our always exceptional group of IP experts including:

• Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora 
• Kristen Hansen, Patent Strategist at Aurora
• Shelley Couturier, Patent Strategist and Search Specialist

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.​