Welcome to the Bold Patents channel, where I, J.D. Houvener, will share the latest about US patent and trademark law, give examples, and have live video interviews with clients, and professionals in the innovation industry and share his knowledge of patent and trademark law with you, the Bold Inventor!
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Great video. Im a Gemini full of great ideas. ❤
If I make a "washcloth" the week after the person who made the very first "bath towel." Could I patent the "washcloth" or is it too similar to the towel? If no one has made a wash cloth after the twenty year patent embargo is over, could I patent it then or would it be recognized as "public domain?" And if it would be considered "public domain," could I do business with a company (if for whatever reason it was it was never made,) without that company telling me they don't like the idea... Then steal it?
Great question. I want to be clear to delineate between patent and trademark here. You are using quotes around "washcloth", I assume you are meaning an actual wash cloth, not that "washcloth" is your brand name/trademark. So, under that assumption, I do think the examiner would reject your washcloth at least based on a nonobviousness evaluation. Even though the washcloth is on its face novel as compared to the bath towel (used for different purpose), I think it would be difficult to overcome a rejection that argued that people could also use the same material to wash/dry their face even if they didn't take a bath/shower. After the full term of the patent, it is part of the public domain, and you cannot seek patent protection for it, or anything else that has been published. Last question the answer is yes, so long as what they are showing you is not protected by any patents, you're free to commercialize however you want.
@@boldpatents appreciate the response. Thank you! 👍🏽
The guy who looks like Frankensteins monster is talking about how a dog looks?
The people with least status and less desirable physical features, will be helped with all the right answers. So they look perfect while shaming and spiting the people who are part of the highest status and have desirable features. They are used in companies that need to relax all the rules for themselves and where somebody will not question their work or load of work. The nobodys allows them full range to commit any act or maneuvering and to take as much of anything because they represent 'charity.'
The Department of Exclamations said no.
Correct.
Isn't utility a requirement for a utility patent? Not for a design patent?
Correct! Hope I didn’t goof up on the vid. Design patents require only novelty and non-obviousness, and do not require utility. As the protection granted is purely for the 3D shape, more like art/form instead of function/utility.
@@boldpatents ok so then it's novelty and non-obviousness purely for the 3d shape, nothing to do with applied graphics or materials then?
@@rescuemethod Here is some more nuanced detail on key differences between design and utility: www.uspto.gov/web/offices/pac/mpep/s1502.html#d0e150263
Why would you make that comment?
8:40 Today is June 26th 2024 8:40 pm USA central time stamped
Really good information. Thank you for explaining! I've been stressing over all of the information that comes with creating an invention and protecting it. This definitely helped!
You are very welcome! Happy to help. Let me know if you've got any specific questions or would like me to do a video on a topic at all. Feel free to email me directly at [email protected].
Step 2 question:What make you annoying A)My life😂😂
Hello, thank you for the video. I have a question about maintenance fee so if you can answer I would appreciate it. I will start selling on amazon in US. I will launch a product that is similar to a product on amazon. I checked and they have utility patent that expired on 08/30/2019 due to non-payment of maintenance fee. As far as I know they have 2 years window to pay the maintenance fee. Its been almost 5 years now they didnt pay the fee. So when I start selling they will want to stop me using their patent. My question is: Can this abandoned patent be revived? If yes then I dont want to start selling on amazon. Thank you
Under Section 2590 of the MPEP, a patent owner may make a petition to revive an expired patent due to non-payment of a maintenance fee so long as they can provide evidence that the nonpayment was unintentional. The rule does state that the burden is higher if more than 2 years has passed "...a delay of more than two years after the date of nonpayment of a maintenance fee requires additional information of the facts and circumstances surrounding the entire delay to support a conclusion that the entire delay was indeed ‘‘unintentional.’’ Read more here: www.uspto.gov/web/offices/pac/mpep/s2590.html
Does the clock start over when you convert over into a non-provisional patent application? Thanks!
When you convert to a non-provisional patent application, if you claimed the priority back to a previously filed provisional application that was filed less than 1 year ago, you've stopped the pendency of the provisional, and begun the pendency of the nonprovisional. Thus, your "patent pending status" has not changed. After you submit a nonprovisional, the USPTO will assign an examiner, they will conduct their own prior art search, and either issue a rejection/objection or allowance. In either case, you must respond by the deadline (usually 90 days unless you pay for an extension), and as long as you respond appropriately, pay any fees, and continue "prosecuting" the application until it grants, it will be pending for as long as it takes (which could be years, by the way).
0:17 dunk-daft after 34 weeks-live show
2:10
Very informative but I, personally, could do without the music
Thank you, yes - I wish I could take the music off, in hindsight.
I signed up for a call next week, but why not also put my question here on this 3 year old video? 😃 I've had a hard time getting this answered, searching online and talking people. The patent I'm currently typing up is an improvement on an existing one. It's a very detailed, unique, novel improvement on standard MIDI keyboards, which have been around forever, are very simple and are largely all the same. Do I need to explain how the standard part of the keyboard works? List the standard components and their relationships? Or can I just explain the part that is my new invention and refer to "standard midi keyboards" the way someone would refer to a "standard computer mouse"? Hopefully the phone call next week will give me some answers if no one answers here. Thanks!!
Hey, Elaine! Great question. Your very first discovery call will be helpful, but it is in the legal consult that you’ll get specific advice for your invention. However, to answer your question, in the application’s written description, you will want to focus on the novel features and elements. That said, you have to include enough detail about the environment and system/structure such that someone of ordinary skill in the field of keyboards would understand. So, you will need to include some basic discussion of the standard midi keyboard in order to “enable” the claimed invention.
@@boldpatents Hey, J.D., thanks for your answer! That makes sense. Look forward to the call.
I have an invention that has already been patent
Excellent! What's your patent number?
its all designed to keep you from achieving the goal so a politician can sell it to a company.
Hi JD! Thank you for making this fantastically informative vid! I'm excited to check out our other vids. Just liked and subscribed as a thank you for taking the time! -Charles
Thanks, Charles!! Let's get the word out! I've created a library of videos breaking down all sorts of topics related to patents. Let me know if there's a topic I haven't covered, I'd be happy to create one for you.
JD actually gave her props 🤦♂️
Whaaa?
I love how you walked through this live!! Great information!! Thank you for sharing!
You are welcome!! Let me know if you have any other topics you'd like to hear about. Send to [email protected]
I have a invention and a 1 year provisional patten looking for someone to finance cost for percentage of money made need help
We can help you look at some different financing options. Schedule a time with us for a free discovery call here: calendly.com/business-consultations/am06-youtube
I need your help .
Happy to help. Shoot me an email with what are looking for: [email protected]
Great question! I was certainly stumped on this one and enjoyed the conversation. Warmest wishes, -john
Hi. Can you tell me, is it ok to start a brand and name your company xyzLLC and then trademark xyz? So that way your trademark is owned by the same name llc? What are the ramifications of this? Maybe dumb questions but this is all confusing... Thank you.
Thank you Burt for your question, and it is NOT a dumb question. It's likely that many others had the same question in their heads, but were too afraid to ask. So, kudos to you. In your question, I'm assuming "XYZ" is just a filler for your brand, and you're not actually seeking protection for the three letters: X, Y, and Z together. That said, if your brand name is distinctive in your product class (meaning there is no other brand using the same/confusingingly similar mark in your classes (area of business), then yes, you can register a trademark. Remember, state registration of a business is very different from seeking federal trademark protection. The secretary of state of the state you reside in will grant you registration for your "XYZ, LLC" so long as that name is not an exact match to another LLC in your state. The secretary of state will not do any type of search in other 49 states. So, you've got to do some research (or hire a good trademark attorney - i know one ;)) to make sure your brand is not already being used or is not confusingly similar to another brand that existed before you in the same product class(es). Once you register, assigning the trademark (giving ownership) to your LLC makes sense to do as well. This is a simple document and recording process. Sorry for the long answer, but, I wanted to be thorough. Feel free to follow up with any further questions. If you'd like to discuss confidentially, please schedule a free discovery call with us here: calendly.com/business-consultations/am06-youtube
Nonsense. Work = force x displacemente. Where is the displacemente?
Patent pending is attained and good for one year; during which time you are permitted to sell/market your Protected idea, correct?? Thank you, again!
A provisional patent application will only be pending for one year, which point, in order to keep its pending status, you must submit a formal nonprovisional utility patent application (which has a lot more rigor/requirements) which claims the priority of the provisional. A nonprovisional patent application will then be examined and it can stay pending for quite a long time. We've had some patent applications unfortunately be pending for 3+ years.
🎉Thank you so much for breaking these terms abd jargon down to understandable participle ❤
you are most welcome! Let me know if you would like to hear about any other topics on patents or other IP.
I filed a non provisional patent in 2021. It cost me $4,800. The attorney didn't require all of it up front. Paid about 2k up front and they let me pay something weekly till the balance was paid off. They didn't actually file until the balance was paid in full though. I ended up switching attorneys because the first one wasn't keeping up with my updates from the USPTO and they also took almost 2 years to get me my file receipt. That kinda spooked me. The attorney I switched to, charged me about $1500 up front to take over the application. Paid another $1500 for other fees. After all that, my final fee was an issue fee of $615. My patent was granted on the 8th of this month. My first patent ever. It's an app that pairs people with rental vehicles with face ID
Thanks for watching, and for your cost breakdown. And, I think you did great price wise!! Very affordable patent! Congrats. What is the patent number? Did you file any child apps? How do you plan on going to market?
"what is that?" 😂😂😂😂
16:00 ~ infinity 🤯😳🤯😳🤯
At first I thought that was a large bottle opener
Hah!! That would be a lot of leverage
Do you have any examples of products you have licensed? thanks
Every time they say the name, it sounds like "Mutiny".
It's gold.
Thank you for the conversation. A problem though is that most examiner's do not go out to perform a simple market wide Google search to observe common use. Thousands of these phrases are being applied for by companies and individuals with zero intent as a brand identifier. This is especially true for clothing. Their only purpose is to record takedown initiatives on selling platforms that will wash their hands off the situation. The abuse by trademark trolls to the USPTO and seller platforms on this topic is a proliferating cancer to small business.
Common phrases are difficult to register especially with apparel because the USPTO can easily make an ornamental or informational argument. I really try to dissuade clients from using pop culture references in their branding.
Thank you for the great information, can you do Pavloc next? about how they based their study on old Persian studies as he says.
keep up the good work
Yes, I'll look up Pavloc - and get that on the agenda for the next week or two.
I have learned the hard way that attorneys don't care. They know that their power of attorney and the ability to use the courts against you if you challenge them. Never have seen a judge deliver a judgement in favor of suing an attorney for bad service They know they can drop you any. Time and keep the money if you bitch at them for any reason. They require a large retainer and sit on it and do nothing for months until six months later then to request another bill for them to continue your case when they had not done anything in the first place. Please don't tell people to get an attorney. All you are doing is repeating the legal narrative that lawyers put out there. That is how they drum up business for the trade. The Judges are lawyers too and use emotional blackmail to brow beat the public to fund the lawyers trade. We need a revolution to stop them from fleecing the public. The best way to stop this theft of the public is to avoid giving them any money at all and educate ourselves and represent ourselves. Study the Constitution which BAR Association hates. They just apply UCC Laws. Wake up ! Money is the precious resource that they live and lust for. Don't give your hard earned money over to continuos retainers year after year to get nothing for it. Lawyers are intellectual legal prostitutes. They are at the top of the food chain. The French Revolution knew how to get rid of them shortly. Justice is for sale to the highest bidder.
You’ve got a lot of passion, and that means you give a damn. So, I like that about you. But, let’s give your rant some more air time. Tell us about your “hard way” lesson. What was your experience, exactly?
we need a phone number we have spent over $1000 on these pizza ovens for our children and they sending us the wrong parts and they won’t answer us and we’re we’re old
Send me an email at [email protected], I may be able to refer you to an attorney who can help you with consumer protection issues.
They sent us wrong parts we need a phone number we have spent over 1000
Good advice J.D. The IP obtained during an SBIR or STTR can be tricky and different depending on the agency (NIH, NSF, etc...). While the Government typically doesn't use their 'March-in-Rights', you have to be careful of collaborating institutions that fall under the Bayh-Dole Act (universities, national labs, etc...). Lastly, there's also a gray area here when considering the 7% fee (company profit) for NIH SBIRs, which comes with no strings attached to how that money is spent. Meaning, if that 7% fee money is used for the IP, I'm not sure that that the IP needs to be reported to NIST IP reporting system (known as iEdison, and is the mechanism used to track march-in-rights). As you can tell, this topic is highly nuanced.
This is great information, Kendon! Thank you for sharing.
Hey JD thanks for the video. Question I have. Is there is a difference between abandoned patent application and abandoned patent. The abandoned patent application was never granted the patent in the first place because the whole application was abandoned for some reason. Is that correct?
Yes, only applications (patents pending) are "abandoned" if the USPTO office action is not responded to timely. Issued patents can become expired early (could be called 'abandoned') if maintenance fees are not paid timely.
@@boldpatents Oh damn, you responded fast! Thanks a lot!
Some friendly feedback: Editor needs to turn down the music and that's one heck of an echo chamber you got there. Other that that, thank you for taking the time to make a video instructing others on the basic steps of patenting. Godspeed!
hello. I did a patent search for my idea and I found an expired patent that is similar to mine. I added two new features to this expired patent. Let me give you an example for better understanding: lets say old patent is a mug without handle, I created a mug with handle. I am not trying to patent expired patent but just trying to patent those two new features. I am not an expert in patent law, and I am not sure if I am infringing on this expired patent. On google patents in the events summary, there is a line that says "Status - Expired - Fee Related". Underneath there is another line that says "a date in 2029 - Adjusted Expiration". So here are my questions: they can reactivate again. how much exact time do they have? Because on uspto it says Patent Expired Due to NonPayment of Maintenance Fees in july 2019(so it is like almost 5 years) I will sell something similar to his idea, am I at risk of someone else purchasing this patent and suing me? I am sure that the new features I innovated are novel. I am worried that if my product becomes a success that someone may come in and try to buy this old expired patent and try to sue me. Any ideas on how I should proceed? I would prefer to not have to wait until 2029.
Thank you, John!
Hi J.D. Great chemistry in this podcast. 'Loved the example. 😊 Keep posting; this is good content. -john
if only there cars werent garbage. The quality, engineering, everything about GM is going downhill. But yay we have no smudge screeens now
Its useless to file a patent anyone who filed for one gets screwed because of biden he allows them to steal our ideas.
Hi how much does it cost to file for a provisional patent
The government fees are around $100 to file it, but the attorney's fees that our firm charge are between $5-10K
Thank you J.D. for all the great information.
Do these patent insurance companies evaluate the value of the patent? If so , could you use that evaluation as a baseline when seeking potential buyers?
Yes, they do. I have been impressed by IPISC (ipisc.com/).