Startup Secrets: Insider Guide to Patents

Ғылым және технология

The critical patent information that startups need to know including how successful startups build patent portfolios different than large companies and individual inventors along with the right time for a startup to file for a patent without losing patent rights and without setting themselves up for high patent costs that they are not ready for.
Additional Patent Resources:
- My best-selling book, Patents Demystified: amzn.to/2MX5le9
- The top book on licensing your idea or invention: amzn.to/3tDLSib (One Simple Idea by Stephen Key)
- When to file a patent application: www.dwt.com/blogs/startup-law...
- Is software patentable: www.dwt.com/blogs/startup-law...
- My appearance on CNBC’s “The Profit” with Marcus Lemonis: www.cnbc.com/video/2019/11/08...
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**** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. *****

Пікірлер: 23

  • @AlessandroScireCalabrisotto
    @AlessandroScireCalabrisotto3 ай бұрын

    Hi! Thanks for your videos, it's really interesting. 1. How much would a worldwide patent cost year over year? 2. Can You make a video about patents and trademarks in the blockchain world please?

  • @PatentsDemystified

    @PatentsDemystified

    3 ай бұрын

    Thanks! Glad you have been enjoying the videos and thanks for the great video idea - I'll add that to my list. Regarding a " worldwide patent," there is no such thing. These videos discuss this in more detail: kzread.info/dash/bejne/i2Z1tdlslZSdlps.htmlsi=XoJezk74bqB8BxaR&t=357 kzread.info/dash/bejne/k4GImduKp9GcacY.html

  • @justinmosley8638
    @justinmosley8638 Жыл бұрын

    Super informative! And perfect timing for my landscaping invention I'm finalizing. Thank you, Sir!

  • @PatentsDemystified

    @PatentsDemystified

    Жыл бұрын

    Thanks, Justin! I appreciate it. Glad it was helpful.

  • @EgaoKage
    @EgaoKageАй бұрын

    04:10 Another good example would be firearms. Designing a firearm is something anyone may do. _Manufacturing_ said firearm, however, would likely require a very specific license.

  • @PatentsDemystified

    @PatentsDemystified

    Ай бұрын

    That’s an excellent example! I may use that in my next talk.

  • @pmi0394
    @pmi03949 ай бұрын

    Great information! Once the application is issued to a examiner does it take 1-3 years from that point?

  • @PatentsDemystified

    @PatentsDemystified

    9 ай бұрын

    When you file your patent application, it gets assigned to an Examiner within a few months and then waits in that Examiner's queue until it comes up to front of the line for examination. It's typically 1-3 years from filing before it comes to the top of the Examiner's pile and substantive examination begins. Once examination begins, it can be a matter of months to years before the application issues as a patent, if ever.

  • @fairybeliever4479
    @fairybeliever4479Ай бұрын

    I have a question. If I for example want to print pictures on an item that has never been done before. How should I do to protect it? Cause I’m sure that a bunch would start doing the same in that branch. I also plan on creating the item that I will print on, but it’s the print that will make it attractive for the market.

  • @PatentsDemystified

    @PatentsDemystified

    Ай бұрын

    It sounds like something you would protect with copyright and possibly trademark. Copyright protects artistic works including artistic works printed on utilitarian items. Trademark may also apply depending if the printing is distinctive in a branding way. I would suggest talking with a copyright/trademark attorney about the specifics. A design patent might be applicable if it’s a utilitarian item and the external physical shape of the item is new.

  • @fairybeliever4479

    @fairybeliever4479

    Ай бұрын

    @@PatentsDemystified thank you for your fast response. It’s pointing me in the right direction.

  • @antextra300
    @antextra300Ай бұрын

    I am building a product that has 2 key inovations. Either one makes no sense without having both. Should i file 2 provisionals or 1 that incorporates both?

  • @PatentsDemystified

    @PatentsDemystified

    Ай бұрын

    Both are viable options, but it typically comes down to your business plan and budget constraints. For example, if you are building a patent portfolio to attract investors, it's best to split it into two provisionals because that is typically viewed as having a patent portfolio with 2X value compared to a single provisional. However, if you don't need those optics, you can just combine both into a single provisional. Also, you can always choose to split or combine them at the non-provisional stage as well regardless of which option you choose with the provisional(s).

  • @hayderalsultani330
    @hayderalsultani330 Жыл бұрын

    Great video! I really enjoyed watching this. I found the information about patent portfolios very useful and informative. You explained the patent filing process very clearly and logically. I am an inventor and I really need help with my patent application. My invention is a new technology for generating renewable energy and I couldn’t keep up with the loop that USPTO put me in. Every response from them cost me too much money. How can I contact you for more advice on my patent application? Do you have any resources or links that you can share with me about renewable energy inventions? Thank you for sharing your knowledge and expertise! I look forward to hearing from you soon!

  • @PatentsDemystified

    @PatentsDemystified

    Жыл бұрын

    So glad to hear you found this video helpful! Regarding renewable energy inventions, what sort of information are you looking for about them? Also, sorry to hear about your troubles with the examination process. Unfortunately, I'm not able to take on additional new clients at this time. You can find a list of registered patent attorneys who can possibly help you here: oedci.uspto.gov/OEDCI/practitionerSearchEntry

  • @xsilentg
    @xsilentg4 ай бұрын

    What state are you licensed in? Are you a practicing attorney?

  • @PatentsDemystified

    @PatentsDemystified

    4 ай бұрын

    Unlike most attorneys, patent attorneys don't have to worry about state jurisdictional issues since patents are federal law. For example, I am a Washington state attorney but have represented folks in most states and many countries around the world. If you are looking for info on how to pick a patent attorney that's right for your invention and business plan, this video has details on that: kzread.info/dash/bejne/i5ib08eNdcTYmKw.html

  • @xsilentg

    @xsilentg

    4 ай бұрын

    @@PatentsDemystified Thank you!

  • @chrismontello2233
    @chrismontello22332 ай бұрын

    Would a copyright claim be considered public discloser and prevent me from getting a design patent at a later date?

  • @PatentsDemystified

    @PatentsDemystified

    2 ай бұрын

    What do you mean by “copyright claim”? Could you provide an example?

  • @chrismontello2233

    @chrismontello2233

    2 ай бұрын

    @@PatentsDemystified Sure. Lets say I create a artwork and start to apply the artwork to tangible item and sell those items. I do understand that the second i create the work I will have copyright but I will register the work with the USPTO. Now I think public disclosure will keep me from getting a design patent. Would that be the case if I register for copyright? Would copyright be public discloser and keep me from getting a design patent in the future?

  • @chrismontello2233

    @chrismontello2233

    2 ай бұрын

    @@PatentsDemystified Sure. Lets say I create a artwork and start to apply the artwork to a tangible item and sell those items. I do understand that the second i create the art work I will have copyright but I will register the work with the USPTO. Now I think public disclosure will keep me from getting a design patent. Would that be the case if I register for copyright? Would copyright be public discloser and keep me from getting a design patent in the future?

  • @PatentsDemystified

    @PatentsDemystified

    2 ай бұрын

    What's going to cause you problems is that you've been selling the product and otherwise making public disclosures of it, regardless of copyright registration. Patent rights start to be lost upon a first public disclosure, public use or offer for sale, regardless of copyright status. However, if you just register a copyright without making any public disclosures, public uses or offers for sale, I think this might still be a public disclosure depending on what's publicly available. I'm not a copyright expert, so I'm honestly not quite sure when copyright applications/registrations become publicly available. That being said, note that you can only copyright artistic works and you can only patent ornamental designs of utilitarian products. You could not get a copyright and design patent on the exact same thing - it's either artistic or utilitarian. However, copyright and a design patent could be applicable to the same product, but in different ways. For example, you would need to patent the ornamental design of a chair because chairs are utilitarian, but if you come up with an artistic fabric that would be on the chair, that artistic fabric work would need to be protected by copyright. Hope that helps and answers your question.

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