I feel better knowing, as you’ve explained, that a patent attorney will help me by amending or arguing for my application should it be rejected. Especially since I seem to want broad protection in a niche market.

@PatentsDemystified

5 ай бұрын

Yea, that's really the benefit of a patent attorney - knowing how to get you the broadest protection possible. Honestly, getting a patent issued isn't that hard, but getting one that's broad enough to actually have value is.

Love the content, great stuff!

@PatentsDemystified

7 ай бұрын

Thanks!

There is a rare record of such a dispute / litigation between UK Patent Attorney Dougal Clerk - the claimed inventor of the 2 stroke engine and a client, Lanchester - ' seems they settled and Lanchester returned as a client. Inventing and Patenting etc. is a field replete with unfortunate misunderstandings. Commercialising inventions generally requires effort and funds - most patents are not successful - not recouping their costs and its not in a patent attorneys interest to betray their clients.

@PatentsDemystified

Ай бұрын

Yea, the few stores I’ve heard about patent attorneys allegedly stealing ideas comes down to common complete misunderstandings. I’ve seen at least one unfortunate video like this here YT.

What a fantastic channel … thank you … you are making a huge difference. Have you done a video on paying to licence an existing patent as percentage and where across the spectrum of say 1 to 5% should the license or royalty rest depending on how long persists on the patent from 1 to 15/20 years?

@PatentsDemystified

5 ай бұрын

Thanks so much! Very pleased to hear you've been enjoying and getting value out of my videos. No, unfortunately, I don't have a video on licensing like this. Part of the reason is that licensing tends to be so product, industry, patent, deal and party specific that it's hard to give good advice general advice on stuff like this. My suggestion would be to try to talk with folks who have done similar licensing that would be analogous to the deal you are thinking of. Also, keep in mind that there is no such thing as "standard" terms. Everything is potentially negotiable and can be customized to the specific parties and situation. That being said, some companies have the clout to refuse to negotiate terms and will say that terms are take-it-or-leave-it.

Your patent attorney isn't likely to steal your idea.The biggest risk is not getting a patent because without excessive rights, someone will just copy your product and undercut your price.

@PatentsDemystified

6 ай бұрын

Exactly!

The part that i find a little scary is that my patent attorney should have a good idea whether or not my patent will go through after i have them contact a patent search firm, but it's in their best interest financially for them to push me to go through with it. It's like multi-thousand dollar gamble that your attorney is going to advise you to go for, even if they think its going to get cut due to obviousness or something. Am i overlooking anything here? Should I contact a search firm myself before going to a patent attorney? Also, even if i had that information, there's no way to be sure they won't play the obviousness card. I think i have a really good idea here it's just way more expensive than what i thought

@spencermurray4378

5 ай бұрын

Good video by the way

@PatentsDemystified

5 ай бұрын

Honestly, patent searching is typically a total scam. Check out my video that addresses this exact issue: Patent Searching Is A Scam! | The Truth About Patent Searching kzread.info/dash/bejne/gHeVzNZpnLW-nqQ.html

How do you know if your product should be patient , for example , l buy a Walmart everyday spoon , and put a different handle on it that's my designed handle, that I believe everyone would want one? I just don't want anyone to make a mold of it and reproduce it Thank you Frank

@PatentsDemystified

5 ай бұрын

Hi Frank, This sounds like something that would be best protected with a design patent. This video has more detail on design patents: kzread.info/dash/bejne/kXtmt8qjgJavgLA.html As far as whether you should even get a patent, it depends on whether you think it's worth the cost. You could likely get a design patent on your new spoon handle design, but is it worth the cost from a business perspective?

@rockartproductions5841

5 ай бұрын

Thank you for getting back with me, I don't know the cost of the design patent? I will look at the video you sent me, I have many different costume handles, is it best to get them produced in some what large quantities and market them without a design patent ?

@PatentsDemystified

5 ай бұрын

It depends on your business plan, but design patents are pretty expensive and it might not be the best way to protect the handles if you have many variations. I would suggest talking with a patent attorney about the specifics of your situation.

Correct

How do you file a complaint against an examiner for not finding prior art to a claim but gives his opinion on what the invention should be.

@PatentsDemystified

2 ай бұрын

Examiners not following the law or examination guidelines is par for the course in examination. This video has some detail on this and how to respond: kzread.info/dash/bejne/lZ9rks2OgtOef6Q.html As discussed in the video, you typically deal with this in your office action responses, and if the Examiner won't listen you can appeal their decision or even sue in federal court. That's how you deal with most issues like this, but for egregious conduct, you could consider contacting their supervisor, which is listed at the end of an office action.

Though an initial worry for many inventors is that patent attorneys could steal the idea but it seems the biggest hurdle can be the examiner. Do you have any advice for when it's examination time, or is it pretty much luck of the draw as its a government job and we just deal with who we are assigned ?

@PatentsDemystified

2 ай бұрын

Yea, you just need to deal with the Examiner that you get assigned to. Unfortunately, the examination process is much more subjective than you would think, and the right or wrong Examiner can make all the different. My best suggestion is to setup the patent application really well from the beginning to give you the best chance at success and take the time to do interviews with the Examiner to help get the case allowed. These videos have more detail on that: kzread.info/dash/bejne/o5eslLWmkczaiKQ.html (Working With A Patent Examiner - Insider Secrets) kzread.info/dash/bejne/hn6rlJSmYc-eiKg.html (Hacks To Getting A Patent Application Allowed)

@meetalg

2 ай бұрын

@@PatentsDemystified amazing, really appreciate you Dylan thank you

Is a KZread video or online Medium article about an idea covered in a patent enough to be considered prior art and stop an idea from being patentable?

@PatentsDemystified

5 ай бұрын

Possibly. It depends on the level of detail in the video or article. However, I’ve definitely had Examiners cite KZread videos and blog posts as prior art against patent applications I’m working on. This video has more detail on prior art: Patent Prior Art: What is Prior Art for Patents? kzread.info/dash/bejne/oGeEmKispszXdLQ.html

what is the best engineering degree in order to become a patent attorney? I was thinking about civil or mechanical engineering.

@PatentsDemystified

7 ай бұрын

I actually have a full video on that: The Best Technical Background to Become a Patent Attorney kzread.info/dash/bejne/ZWiekq2IhM3XmLQ.html

How can I contact you?

where's the link to attorney misconduct?

@MyPlanetisBeautiful

2 ай бұрын

I need the link for examiner's incompetence. Lol

@PatentsDemystified

2 ай бұрын

Sorry about that. Totally forgot to include that. It's below and now added in the video description. foiadocuments.uspto.gov/oed/

@MyPlanetisBeautiful

2 ай бұрын

@@PatentsDemystified Thank you, i am currently dealing with an examiner who is willfully and intentionally moving the gold post and stalling my case. Me and my attorney have verbally and in claims answered his questions about my invention and how it works, but he continues to find a need to look for prior art to find a piece or a part of anything, so he rejects the response. He also conveniently replaces prior art with his opinion, he is completely unreasonable. he tries to send me down a rabbit hole by making suggestions, then when we make the changes, he rejects it Man, I'm so frustrated. thanks again I'll check out the video.

@PatentsDemystified

2 ай бұрын

This is surprisingly common in the examination process. I have to deal with Examiners like this all the time.

@beatdeyazz7940

2 ай бұрын

@@PatentsDemystified thanks for the link. Is there an easy way to discovery if, any, attorney was involved in a case where they were accused or found guilty of stealing client's invention?

It isn't impossible for an attorney to steal your idea and patent it himself. There is that window of possibility, do you agree? Can't they also not sell the idea to the a company and get a small cut out of it?

@PatentsDemystified

2 ай бұрын

Nothing is impossible, but it's absurdly improbably. I specifically address why it does not make any sense for a patent attorney to steal an idea and patent it himself here: kzread.info/dash/bejne/oox5w5qRgqmwZ9I.htmlsi=PYsfjqnMNzaEHS-7&t=460 I also specifically address why selling the an idea to a company does not make any sense here: kzread.info/dash/bejne/oox5w5qRgqmwZ9I.htmlsi=TrWvUmO-e0d7wdkT&t=404