71: Dirty Your Mindscape
Judith Szepesi, founding partner at HIPLegal, LLP, explains the strategic reasons for filing patents, distinguishing between using them as a 'sword' for enforcement, a 'shield' for defense, or a marketing tool. She details the patent application process, including the difference between provisional and utility filings, the 'first to file' rule, and the importance of prior art searches to ensure novelty and non-obviousness. The discussion covers the high costs of patent prosecution, the threat of patent trolls (Non-Practicing Entities), and strategies for startups to defend against litigation, such as joining defensive pools or seeking re-examination of questionable patents.