How to Protect Your Invention Idea
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- Опубліковано 3 лип 2024
- How to protect my invention idea? This video explains the best ways to protect ideas and inventions including how to prevent others from stealing your idea, but also not being over-protective to the point that your business or product is never successful. I also discuss preventing loss of patent rights due to public disclosures, public uses, or offers for sale and that you want to file at least a provisional patent application before doing any of these things. #patent #patents #patentstrategy #patentlaw #intellectualpropertylaw #inventortutorial #inventions #startup #startups #startupcompany #startupbusiness #startupadvice #startupguide #startuptips #startuptalks
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...
00:00 Introduction
00:28 About Dylan Adams and Patents Demystified
01:00 Different types of protection for invention ideas
01:43 Stop others stealing your idea in early stages
02:12 How to safely start telling others about your invention idea
04:33 What to do during an initial secrecy period
05:46 What to do before looking for investors, customers, and doing things publicly
06:23 What to do after you file your first patent application
07:46 Provisional and non-provisional patent applications
08:42 Defensive benefit of patent application publications
12:41 Offensive protection of issued patents
**** 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 The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. ***** - Наука та технологія
Want more videos on patents, inventing and startups? Check out this playlist with all my videos on these topics: ua-cam.com/play/PLp15JXznBjPW-J3hNhX1zYoOm1mQzVeMo.html
The playlist and my channel include the following videos and MANY more:
How to Patent An Invention Idea: ua-cam.com/video/vEHI-gePr8A/v-deo.html
The International Patent Process: ua-cam.com/video/aMT7yQwn69c/v-deo.html
How to Know if Your Idea is Already Patented: ua-cam.com/video/Cm_3JqZgLFk/v-deo.html
How to Lookup Patents: ua-cam.com/video/00YUOAayTnM/v-deo.html
The Best Way to Protect Invention Ideas: ua-cam.com/video/Em_uVQ1qLXY/v-deo.html
What Are Patent CLAIMS? : ua-cam.com/video/0MneopTXX5Y/v-deo.html
Top 5 Startup Patent Mistakes: ua-cam.com/video/2jmc2xuwVbQ/v-deo.html
Prior Art Definition / What is prior art? : ua-cam.com/video/-9SCz3R6j4s/v-deo.html
What is a Patent and How Does it Work? : ua-cam.com/video/qZaQxNmcm8E/v-deo.html
What is the best patent strategy? ua-cam.com/video/zCbEz3AKVoE/v-deo.html
Why You DON'T Need A Patent Search [TOP 5]: ua-cam.com/video/YB_9u5uxcfA/v-deo.html
Top 5 Hidden Patent Benefits: ua-cam.com/video/rVbFWgoI9Ps/v-deo.html
Top 5 Patent Infringement Mistakes: ua-cam.com/video/8jLX6uUvUR4/v-deo.html
Guide to The Patent Examination Process: ua-cam.com/video/TI6IYxo7ppA/v-deo.html
Top 5 Patent and Startup SCAMS: ua-cam.com/video/gfBi35Byz2A/v-deo.html
Guide to Understanding Patent Numbers: ua-cam.com/video/GNXrO2q_0yM/v-deo.html
A lot of info. in 14 minutes. Thanks for sharing. I'll be back.
Mentioning the "1 year rule" would help people to better understand "the potential of losing of their patent filing rights".
Thanks, Keith. I appreciate it!
Thanks for the info 👍
Thank you 😊 💓
Very helpful
Excellent video, thank you.
Thanks so much for this advice!! 👑🙌🏾🙏🏾🔥🔥🔥💯💯💯
You bet. Thanks for watching!
Interesting - thanks!
Very informative and easy to follow. Knowledge is power, the sooner you act the better it gets.
Thanks! Very true.
I love your "Almost Imperceivable ZOOM" ! ! ! amazing what effect it has without the viewer even knowing it! ! !
Awwww. Thanks for noticing. A little slow zoom adds a bit of subtle energy to the frame to help keep folks engaged - at least that's the idea. :)
Your talk was informative 👏 to my ignorance of the subject matter. Thank You! I will describe.
Thanks, Kevin. I appreciate it.
Thanks you
You bet. Glad you found the video helpful.
Timestampin and patterning normally works depends on your line of work
And saving any ideas keeping a Copy source elsewhere always helps from them critters ❤
Passwords or logs of your works
Creators are the best
From fellow inventors ❤
I just need a way to protect my invention, i dont have money..i will once i can get it into public for sale, i will have alot of money then..but it will never happen if i cant find a way to keep my invention mine
I have the same problem. Have you found a solution yet?
@Pulkit Sharma Premium Videos
Is it a physical product or just business idea,?
I think in the US there is a 1 yr grace from public disclosure or offer for sale where u retain the right to a patent. If you can make the mvp, then make some sales to pay for the patent.... but I might be wrong, would love some more info from our host.
@@antextra300 Yes, that's correct, the US gives you a one year grace period from making public disclosures, public uses or offers for sale of the invention. However, in most foreign jurisdictions, you immediately lose patent rights upon a first public disclosure, public use or offer for sale. That's why it's best practice to not take advantage of the one year grace period that the US provides. Even for folks who may not be thinking about foreign protection initially, it's good to keep the option open because that can make all the difference later on in attracting certain inventors, partners, etc. I've see it happen frequently where folks initially say they definitely don't want or need foreign protection, only for them to miss out on a good investment or partnership opportunity because they had already forfeited foreign patent rights.
@@PatentsDemystified Great, great video! Will filing a copyright help protect an idea before patenting it? What about electronic dates and times during the idea development process? Can the contents of certain emails help in the event of a dispute involving potential theft of an idea? Will the crowdfunding site be tangible proof of ownership? Thank you. I'm glad to learn that the US gives us a one year grace period from making public disclosures, public uses or offers for sale of the invention.
Hi Dylan does your book cover how to patenting both designs and idea that would go hand in hand with one another? Thanks for the informational videos
Thanks! Glad you have been enjoying the videos. Also, yes, pages 12-16 of Patents Demystified discuss design and utility patents and how one or both can fit into protecting products. The focus of the book is on utility patent applications since that process is much more complicated and difficult than design patent applications. You can pick up a copy of my book here: amzn.to/3InwQH6
Hi! Great video. How do you publish your provisional patent application? Is there a particular publication where you can send your provisional patent to make it more easily searchable for patent examiners or patent lawyers?
Not that I'm aware of. Folks typically prefer to keep their provisional applications secret and just claim "patent pending" status, which creates more uncertainty in the market as to what's actually being patented, which can be very beneficial. As as far as making the provisional public so that it can be used as prior art against others before the publication of the non-provisional that will come from it, you could publish it on a blog or website or something, but there is no guarantee that anyone will be able to find it. Folks may be more likely to find it if you have an product or business and published it on the company or product website though.
Also, any public disclosure of technology can be used as prior art against others, so making a UA-cam video disclosing the technology could be good way create prior art and UA-cam can be pretty search friendly. 95% of what patent Examiners cite as prior art in examination is issued patents or published patent applications, but when they cite non-patent literature, it's not uncommon to cite UA-cam videos as prior art, but website or blog publications less so.
Question: Prior art expired due to it's original non-provisional application date, note, the patent wasn't actually issued until 3 full years later, thus equaling the 20 years. In this scenario, there is 1 full year left in that issued date.
So, the question then becomes... When is the best time to improve on any prior art without repercussion?
It's very fact-specific and depends on what the claims of the patent say and what the improvements are. If the improvements still read on the claims of the issued patent then infringement would be present and it's probably not a good idea to come out with the improved product until the patent expires. However, if the improvement does not read on the claims, you can probably go ahead anytime with the improved product since infringement would not be present. Even then, being confident of non-infringement does not guarantee that you won't be sued and knowing that infringement would be present does not guarantee that you will be sued.
Also, keep in mind that this patent will always be be valid prior art against a later patent application, and if you want to patent the improvement, it would still need to be new and non-obvious over this and other prior art regardless of whether the prior art patent is still enforceable or not.
I thought there was a 1 year grace in the USA from time of disclosure or offer for sale?
If I can make the mvp and offer it for sale then sell to get the funds for a patent, before the year is up.
Correct?
Yes, that's correct, the US gives you a one year grace period from making public disclosures, public uses or offers for sale of the invention. However, in most foreign jurisdictions, you immediately lose patent rights upon a first public disclosure, public use or offer for sale. That's why it's best practice to not take advantage of the one year grace period that the US provides. Even for folks who may not be thinking about foreign protection initially, it's good to keep the option open because that can make all the difference later on in attracting certain inventors, partners, etc. I've see it happen frequently where folks initially say they definitely don't want or need foreign protection, only for them to miss out on a good investment or partnership opportunity because they had already forfeited foreign patent rights.
Dylan, lone wolf here with a track record in my field, but no patents. I'm working on the next thing, can't hide it in software or encapsulated circuits, so I'm considering filing a provisional to gauge the market. I doubt it would produce more than $100k profit per year. Is there any point in spending the cash on a non provisional if you can't afford to defend it in court? What would be the minimum amount required to support a defense against a determined company in the automotive aftermarket?
It depends on your business plan with the product, but if enforcing a patent in court would be the only way you intend to benefit from a patent, then it almost certainly wouldn't make sese for you and most companies given that patent lawsuits typically cost hundreds of thousands of dollars if not into the millions.
That being said, enforcement is typically one of the last and least likely ways that folks get value out of patents, and the ROI typically comes from positive marketing benefits along with passive deterrence and patent blocking. This video has more detail on these often overlooked and major benefits of patents that their value is actually derived from: ua-cam.com/video/rVbFWgoI9Ps/v-deo.html
If you have a the invention but you don’t offer it for sale. But you take donations is that a grey area that would be accepted or does that constitute as a sale?
That's a fascinating question and I'm not aware of specific case law one way or the other. However, I think it would depend on how you ask for the donations. For example, if it's implied that someone should at least pay something, then that would likely be considered equivalent to the product being on sale, even if a specific price is not set as an offer price. Also, depending on the situation, this could create issues with public uses and public disclosures. Regardless, I wouldn't recommend asking for donations to try to get around the on sale bar, even if it's a grey area. I would definitely suggest talking with your patent attorney if you have done this or are considering it to weigh the risks based on the details of what what you did or are planning to do since it's typically about the specifics of the given situation.
I would happy to hear from you about a company I’m working with…SUSPECT
Yea, you need to be careful about who you work with. There are a lot of patent and inventing scams out there.
Is there someone i can hire or partner with that would know the legal ropes while i was on the more creative idea producing end
You definitely want to hire a patent attorney to help you with the patent process. However as far as generally hiring or partnering with someone to run the business side of things while you just create ideas, you need to be extremely careful. Most companies that say they provide a service like this are a complete scam and are just going to waste your money. Honestly, folks who are typically successful at bringing ideas to market need to also learn the business and legal side of things as well - especially at early stages.
However, if you just want to focus on the creative side of things with minimal need to get into the business side of things, you might consider a business plan of licensing your ideas and inventions instead of producing them yourselves. I typically recommend my clients to read Stephen Key's "One Simple Idea" to learn how companies successful license ideas. It can be found here: amzn.to/3F3yL1A
Can you help me, I'm from Philippines, my invention idea has something to do with virus
Yes, glad to help. I would suggest talking with a patent attorney. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
How much is the first application and how much is the second application?
It varies widely depending on what attorney you work with, the complexity of the technology and the quality of application you need. For me, a coached provisional typically costs $3k-$6k, an attorney drafted provisional can cost $10k-$20k and a non-provisional can cost $12k-$22k.
I've an idea for a product my friends father made. He made a few and sold some to freinds and family but didn't patent it. He has since passed away and my friend has given me the go ahead to try and take it to market. Ive redesigned it and improved it. Would it be possible to file a PPA in my name or would I need to do any other legalities? thanks .
This might be tricky and you should consult a patent attorney about the details. The first issue is that there have already been some offers for sale of the product or similar product (and possibly public uses and public disclosures), which is likely prior art against a new patent application (see e.g., ua-cam.com/video/n3P6FsviqDQ/v-deo.html , ua-cam.com/video/-9SCz3R6j4s/v-deo.html) and you would want to see if it would even be patent-eligible in view of such activity and depending on the improvements you've made
Also, depending on the circumstances, you might need to name your friend's father as an inventor on the patent application, which could really complicate things unless your friend is good with officially relinquishing the rights to the invention. Here is a list of US patent attorneys and agents that might be able to help you: oedci.uspto.gov/OEDCI/practitionerSearchEntry Also, if you want some tips on how to find the best patent attorney for your specific invention and business plan, I would suggest checking out this video: ua-cam.com/video/YdgqeTEarhI/v-deo.html
@@PatentsDemystified Man,thanks again for the detailed response. This feels like the planets are aligning, i'm sincerely grateful.
@gee3883 You bet. Glad to help.
What do you think of the big company inventhelp should I make a provisional patent before meeting with companies like that to protect myself they do have a statement of confidentiality and non use to sing but dose that hold up
I am NOT a fan of invention submission companies like this and they tend to be a scam or complete waste of money. For more detail on this check out this video on patent scams: ua-cam.com/video/gfBi35Byz2A/v-deo.html
Companies like this will waste your money, but are unlikely to steal your idea. They just want your money - not your product idea. I wouldn't necessarily suggest a provisional before meeting with them. Provisionals are good before meeting with legit investors or before making public disclosures, public uses or offers for sale that would otherwise start to forfeit patent rights.
@@PatentsDemystified thanks 🙏🙏
You bet. Glad to help.
A client requests a product to perform a particular task, and pays a deposit, the product is then invented. At the completion stage, can an inventor rightfully patient his invention prior to the delivery of the product?
It depends on the specific circumstances and jurisdiction(s) involved, but at least in the US, the inventors are the owners of the patent rights unless there is a specific agreement to assign the patent rights to a company or other party. Here, paying someone to develop and invent a product does not alone create an obligation to assign patent rights, so the inventor(s) could patent and own the invention unless there is a specific agreement to assign patent right. However, it also depends on what input the client provided to the developer and what the developer did. The client might actually be the inventor or could be considered a co-inventor and retain rights. Again, depends on the specific facts. I would suggest talking with your patent attorney about this since it's all about the details.
Is explaining an idea in a closed company meeting qualified as public disclosure?
Typically, no. As long as there is at least implied confidentiality you should be fine. However if the disclosure could be construed as an offer for sale, it does not matter if it was private or public and patent rights can be forfeited.
How can I hire you to file my patent paperwork?
Hi Rick, thanks for watching and for your interest in my practice. However, I'm unfortunately unable to accept new clients at this time. You can search for other patent attorneys who would be able to help you here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
How much do toy charge for a 30 min phone call?
The patent right protection from USA does it cover immigrants or foreigners?
Yes, immigrants and foreigners can get us patents and it does not matter if they reside in the US or not. Also, immigrants and foreigners can infringe US patents, if that’s what you’re asking.
Hello sir I am from India me create a invention i take india patent is use in world wide?
Patents in a given country only provide protection in that country, so an Indian patent will only provide protection in India and not worldwide. However, an Indian patent application would likely preserve the option to file an international patent application (PCT) or national phase applications in specific countries within a year. I would suggest talking with a local Indian patent attorney regarding the specifics of your situation an applicable law.
You said "Forfeited Patent rights unknowingly" ...Wait offering a sale of a provisional patent forfeits said patent?? thought it was security. Did you mean forfeit in a contract unknowingly??
Apologies if that was unclear. A public disclosure, public use or offer for sale only forfeits rights if you haven’t filed a patent application (either provisional or non-provisional). One of the main reasons to file a patent application in the first place is to be able to start safely making public disclosures, public uses and offers for sale. Thanks for the feedback and leaving a comment.
Who pay for reduction to practice ?
It depends on the product and business. For simple products the inventor(s) may pay for it themselves, but for complex products getting investors may be essential.
Ineed help I've dealt with invention help I got people ready don't trust nowadays need help Willing to pay
I would suggest finding a good patent attorney to work with. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Why cant they make it easier to invent something ffs
Yea, it would be great if the process was simpler.
Terrible advice smh... You tell 1 person you tell EVERYBODY & china don't give a damn about your patent
Creepy scary looking and sounding host shouldn't be invited back
He’s definitely creepy and scary looking, but that’s why we like him. We will probably invite him back.
Hi. You forgot to say How much!!!!
The cost of the patent process varies widely depending on many factors such as complexity of the invention, difficulty in examination, and attorney you work with, so I don’t typically discuss cost. The range would be so large that it would not be valuable info, so I leave it out.
I have an idea, is and i want to patent it, to be sure noone steels it, after i want to go to a specific company to propose or sell, idea is rdvolutionary, implementation costs money, that company could be interested but also could not! If patenting it doesnt cost much is not a big deal but if i must spend a lot of money.. I could just loose money!.. I want a permanent patent because that company coud say is not interested but use it!.. Its not an very large amount of info.. Whats your solution? In the end progress need people like us.. Thus it shouldnt be too complicated or costly
I would suggest filing a provisional patent application just before you are scheduled to approach a company. That’s how to keep cost/risk to a minimum.
@@PatentsDemystified tahnk you.. Cant that company pretend that is not interested, to take that EVRIKA idea.. Implement gradualy, and after an year, two or five, and after patent expires they are ready to come into market...in I will feel stupid.. Its ar terrible feeling to know that you could be rich but you wasnt smart enough.. You know like in movie There will be blood, or that movie about the guy who imvented windshield cleaners to make an small pause when cleaning glass of the car while drivind, its called touch of god or smething like that, anyway recently became clear that patenting costs money, wich i cant afford, its not about 100 euro.. Its more(
Found! The movie is called Flash of genius. I recomend
No, that's not how it works. If you file a US patent application, you get an early priority date that would be before the other implement the idea. If this application grants, you get a patent term of 20 years from the priority date. If you start with a provisional application, this effectively adds a year to this term.
That being said, from your comments it sounds like this is an idea that is complex and difficult to implement. For ideas like this, value is not in the idea itself - it's in the implementation of the idea. If you are not able to implement a complex idea, at least in part, it's hard to get someone else to buy or license the idea. Also, patentability is typically in the specific details of how an idea is implemented and not just in the general idea, so you may not even have something that's patentable until these specific implementation details are fleshed out. This is very fact-specific so talk with your patent attorney given your specific idea.
Thanks. I've been meaning to watch this movie. Everybody always mentions it to me, but I'm yet to watch it.
Question: Prior art expired due to it's original non-provisional application date, note, the patent wasn't actually issued until 3 full years later, thus equaling the 20 years. In this scenario, there is 1 full year left in that issued date.
So, the question then becomes... When is the best time to improve on any prior art without repercussion?
It's very fact-specific and depends on what the claims of the patent say and what the improvements are. If the improvements still read on the claims of the issued patent then infringement would be present and it's probably not a good idea to come out with the improved product until the patent expires. However, if the improvement does not read on the claims, you can probably go ahead anytime with the improved product since infringement would not be present. Even then, being confident of non-infringement does not guarantee that you won't be sued and knowing that infringement would be present does not guarantee that you will be sued.
Also, keep in mind that this patent will always be be valid prior art against a later patent application, and if you want to patent the improvement, it would still need to be new and non-obvious over this and other prior art regardless of whether the prior art patent is still enforceable or not.