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
Just a quick technical question, Dylan. In the claims section of a patent application, I understand you have a series of independent claims followed by a series of dependent claims that relate directly to the independent claims. From your experience, what is the rough average of each? I understand that the dependent claims normally far outnumber the independent claims. Thanks.
In the US, the basic filing fee for a non-provisional application allows you to have up to 3 independent claims with 20 claims total, so I would say an average application sticks within this (i.e., 3 independent claims and 17 dependent claims to give 20 claims total). You can pay extra fees for more claims, but I typically don't recommend it for a variety of reasons.
Sorry to keep badgering you, Dylan, but I have a not-so-small problem. I currently live in Sydney, Australia, and I intent to travel to the US sometime later this year (probably in Septermber/October) and patent the first of four inventions. The obvious problem here is that I have no idea which patent attorney firm to approach as I have no direct experience in the US legal system. Three of the four patents are defense based, including the first one. The fourth relates to a different issue that relates to the corn-cob analogy I raised in an earlier communication, but I can't go into any more detail than that, sorry. All four inventions are extremely simple mechanical types with very few moving parts and are of very simple construction. However, their importance cannot be overstated, especially the three defense related items, doubly so the first. My first port of call will be LA, but in reality I can fly anywhere for the right firm. Do you have any recommendations as far as patent firms that good very good service at a reasonable cost. Sorry to ask this question as I know from your videos you don't take clients that you communicate with online, but I am in something of a bind here. Much appreciate any help you can render. Regards Jim Kerr
Hi Jim, I don't have any specific recommendations, but my main suggestion would be to focus on finding the right patent attorney instead of a firm generally. It's all about the right fit of the specific attorney you work with and not the firm in general that's going to make the difference. Also, make sure this attorney has experience working with, and is interested in working with, clients like you (i.e., your business type/plan). Some attorneys focus on big clients and would not likely be a good fit or even be interested in working with startups. Make sure the attorney has experience working with simple mechanical products and is interested working with products like this. Some patent attorneys don't have the right experience to be a good fit for mechanic products. Also, I suggest contacting folks by e-mail first and being prepared to fully disclose your inventions to them when you talk/meet with them. In case you happen to have a copy of my book, Patents Demystified, Chapter 8 has more detail on picking the right patent attorney for your project.
Oh, one thing I forgot to mention is considering flat rate vs. hourly billing attorneys, which I have a good video on: ua-cam.com/video/jblKQhak6HQ/v-deo.html Also has some general tips on picking a good patent attorney to work with.
I’m stuck in a situation. I have a gym product I’m putting out and I need to send prototypes to my buddies and influencers. Since that you said it might take 1-3 yrs for the patent to go through. What is the safest option? Do I set up the LLC/Ein, apply for the patent and then have a social media presence or how do I send them the prototypes without them stealing my products and it could be whoever it is. I’m just trying to play it safe because that’s my future
You definitely don’t want to wait 1-3+ years to get an issued patent. The best thing to do is to file a provisional patent application before making any public disclosures, public uses or offers for sale. In addition to giving you a priority date for your invention, it prevents patent rights from being lost due to the public disclosures, public uses or offers for sale. That’s how successful startups do it. Business entity does not matter that much on the patent side of things, especially if you are a sole inventor.
@@PatentsDemystified (1)if I file that can I send them the prototypes or I can do it before filing? (2) do I have to wait for the product to finish so i can file? (3) you are basically saying do not do anything unless you file correct?
Since patent rights would start to be lost upon a first public disclosure, public use or offer for sale, you should file a provisional first to prevent loss of patent rights and establish a priority date for your invention. A patent attorney can consult on more strategy and specifics for you invention and help you file the provisional application. A list of attorneys that can help can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Excellent question, Joe! A formula of a composition of compounds or materials might be patentable if the combination is new and non-obvious in view of the prior art. It's common for some or all of the materials to be well known in a patentable composition, but it's the specific combination, amounts, method of making the composition and possibly using the new composition that could be patentable. It really depends on the specifics of what you have in mind and talking with a patent attorney would be helpful. Thanks for watching!
Yes! Absolutely. Do not think you need to wait until you have an issued patent before producing your product. File a provisional patent application shortly before you start producing your product or otherwise making public disclosures, public uses or offers for sale that would start to forfeit patent rights if you don't file a patent application first. Don't let patents slow down your business momentum.
Yes! You should definitely not wait for your patent application to be examined and hopefully issue as a patent before starting to get your product out there. That could take years. Filing your patent application allows you to claim “patent pending” status and prevent loss of patent rights due to public disclosures, public uses and offers for sale.
@@PatentsDemystified got it! What if there is another person that has the same exact product on the other side of the country and for example, I get to find out 1-2 yrs. later, but I've already made a lot of money out of that product what will i do in that situation? will i lose my money?
Theoretically, if someone had a patent on the same product with a priority date before when you started to publicly use or disclose your product, then that other person could potentially prevent you from making, using or selling your product and may be able to recover monetary damages from you.
@@PatentsDemystified I have one more question. so sorry about that, but you are truly helping. Is it okay to use a 10-20% of a brands idea? let me give you a prime example. If I have a car and you have a car. You have the coolest features on your car, but I wanted to take 1 tiny feature which is for example the heated steering wheel feature. would that be a problem?
I may have a stupid question but say im tthe first to create a bicycle and get it patented. Does that mean nobody else can create a human powered 2 wheel vehicle for the next 20 years?
This is an excellent question, actually. Assuming you were the first to come up with a bicycle and patent it, you would be able to stop others from making, using, selling, offer to sell or importing the claimed bicycle for about 20 years. However, it depends on the specific wording of the issued "claims" of the patent as to what you would actually be able to exclude others from doing. You could have broader protection than just a "human powered 2 wheel vehicle" or it could be more limited than that. For more on claims of the patent, check out these videos: ua-cam.com/video/0MneopTXX5Y/v-deo.html (What are patent claims?) ua-cam.com/video/ZNUEhCtaucM/v-deo.html (Patent claims in examination)
Possibly, but it depends on the specifics of what the method is. I would suggest having a quick chat with a patent attorney to see if it would be patent eligible. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Dylan, in the history of dumb questions, this might top the list, but it actually isn't as it is somewhat more tricky than it might first appear. First off, I know you can't patent an existing plant even if you are the first to discover it (unless your name is Monsanto), but what if you find a totally new application for that plant. As a simple, and outwardly quite stupid, analogy, if I were to discover purely by accident that by taking corn from a corn cob and then crushing it up into a mulch and then applying it to skin I miraculously discover a cure for skin cancer. Note that there are no modifications or additions to the corn, just mulching. Would it be possible to patent this process? I know it sounds like a stupid analogy, but it does help present the problem quite well. I would appreciate your expert opinions. Regards, Jim Kerr.
Hi Jim, this is actually a great question and brings out some important nuances of patent law. Utility patents can protect two basic things: systems and methods. I.e., physical things and methods or process like use, manufacture, treatment etc. In this example, the new method of use could definitely be patentable even if the physical thing being used in the new method is well known. The question then, as always, would be whether this method is new and non-obvious over all known prior art. In the hypothetical, let's assume the method is new (i.e., no single piece of prior art teaches this method of use). Obviousness is typically where the difficulty is though; i.e., would the method be obvious to the average person who works in the technology field given all know prior art. Here, the method would be new since no prior art in the hypo specifically says that taking corn from a corn cob and then crushing it up into a mulch and then applying it to skin can be used to cure cancer, but it still might be obvious to do so. For example, maybe there is some prior art that talks about mashing up fruits and vegetables as a treatment for skin cancer - an Examiner could argue that the new method would be obvious in view of such prior art since it would be obvious to try to crushing up corn cob as an option, even if the prior art does not specifically point it out. Alternatively, maybe the active ingredient(s) in the corn cob are from a class of compounds that are known for treating cancer and the corn cob is known to have such compounds. An Examiner might argue that it would be obvious to employ the new method since it would be an obvious source of such anti-cancer compounds and the method would be an obvious way of getting access to them. In case it's helpful, here is my video on what Prior Art is as a reminder of what sorts of things could qualify as prior art against such a process: ua-cam.com/video/-9SCz3R6j4s/v-deo.html
@@PatentsDemystified Many thanks, Dylan, that was a great answer. One more question: Don't you sleep? I mean, you always get back to me within 24 hours.
I definitely can't sleep when I get fun and interesting questions on the channel - I'll have it on my mind until I get around to providing an answer. Thanks for watching and for the great questions!
Yup, the examination process takes forever. It’s the government, so things are slow. The application just waits in line and it takes 1-3 years to get to the front of the line.
It’s possible to do extra work when filing the patent application and pay high extra filing fees to accelerate examination, but this is not typically done because it’s not worth it.
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
This really helps me sir thank you.
Thanks!
Just a quick technical question, Dylan. In the claims section of a patent application, I understand you have a series of independent claims followed by a series of dependent claims that relate directly to the independent claims. From your experience, what is the rough average of each? I understand that the dependent claims normally far outnumber the independent claims. Thanks.
In the US, the basic filing fee for a non-provisional application allows you to have up to 3 independent claims with 20 claims total, so I would say an average application sticks within this (i.e., 3 independent claims and 17 dependent claims to give 20 claims total). You can pay extra fees for more claims, but I typically don't recommend it for a variety of reasons.
Sorry to keep badgering you, Dylan, but I have a not-so-small problem. I currently live in Sydney, Australia, and I intent to travel to the US sometime later this year (probably in Septermber/October) and patent the first of four inventions. The obvious problem here is that I have no idea which patent attorney firm to approach as I have no direct experience in the US legal system. Three of the four patents are defense based, including the first one. The fourth relates to a different issue that relates to the corn-cob analogy I raised in an earlier communication, but I can't go into any more detail than that, sorry. All four inventions are extremely simple mechanical types with very few moving parts and are of very simple construction. However, their importance cannot be overstated, especially the three defense related items, doubly so the first. My first port of call will be LA, but in reality I can fly anywhere for the right firm. Do you have any recommendations as far as patent firms that good very good service at a reasonable cost. Sorry to ask this question as I know from your videos you don't take clients that you communicate with online, but I am in something of a bind here. Much appreciate any help you can render.
Regards
Jim Kerr
Hi Jim, I don't have any specific recommendations, but my main suggestion would be to focus on finding the right patent attorney instead of a firm generally. It's all about the right fit of the specific attorney you work with and not the firm in general that's going to make the difference. Also, make sure this attorney has experience working with, and is interested in working with, clients like you (i.e., your business type/plan). Some attorneys focus on big clients and would not likely be a good fit or even be interested in working with startups. Make sure the attorney has experience working with simple mechanical products and is interested working with products like this. Some patent attorneys don't have the right experience to be a good fit for mechanic products. Also, I suggest contacting folks by e-mail first and being prepared to fully disclose your inventions to them when you talk/meet with them. In case you happen to have a copy of my book, Patents Demystified, Chapter 8 has more detail on picking the right patent attorney for your project.
@@PatentsDemystified Thanks, Dylan.
Oh, one thing I forgot to mention is considering flat rate vs. hourly billing attorneys, which I have a good video on: ua-cam.com/video/jblKQhak6HQ/v-deo.html Also has some general tips on picking a good patent attorney to work with.
I’m stuck in a situation. I have a gym product I’m putting out and I need to send prototypes to my buddies and influencers. Since that you said it might take 1-3 yrs for the patent to go through. What is the safest option? Do I set up the LLC/Ein, apply for the patent and then have a social media presence or how do I send them the prototypes without them stealing my products and it could be whoever it is. I’m just trying to play it safe because that’s my future
You definitely don’t want to wait 1-3+ years to get an issued patent. The best thing to do is to file a provisional patent application before making any public disclosures, public uses or offers for sale. In addition to giving you a priority date for your invention, it prevents patent rights from being lost due to the public disclosures, public uses or offers for sale. That’s how successful startups do it. Business entity does not matter that much on the patent side of things, especially if you are a sole inventor.
@@PatentsDemystified (1)if I file that can I send them the prototypes or I can do it before filing? (2) do I have to wait for the product to finish so i can file? (3) you are basically saying do not do anything unless you file correct?
(4) how do I file?
Since patent rights would start to be lost upon a first public disclosure, public use or offer for sale, you should file a provisional first to prevent loss of patent rights and establish a priority date for your invention. A patent attorney can consult on more strategy and specifics for you invention and help you file the provisional application. A list of attorneys that can help can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
@@PatentsDemystified thank you so much
Can you patent a formula.? Even if some of the ingredients in that formula are obvious.. meaning if some of the ingredients are existing products.
Excellent question, Joe! A formula of a composition of compounds or materials might be patentable if the combination is new and non-obvious in view of the prior art. It's common for some or all of the materials to be well known in a patentable composition, but it's the specific combination, amounts, method of making the composition and possibly using the new composition that could be patentable. It really depends on the specifics of what you have in mind and talking with a patent attorney would be helpful. Thanks for watching!
A patent pending.. can you start production of product ?
Yes! Absolutely. Do not think you need to wait until you have an issued patent before producing your product. File a provisional patent application shortly before you start producing your product or otherwise making public disclosures, public uses or offers for sale that would start to forfeit patent rights if you don't file a patent application first. Don't let patents slow down your business momentum.
@@PatentsDemystified Thank you ! 😊
You bet. Glad to help.
can i put put out my product while my patent is still in process?
Yes! You should definitely not wait for your patent application to be examined and hopefully issue as a patent before starting to get your product out there. That could take years. Filing your patent application allows you to claim “patent pending” status and prevent loss of patent rights due to public disclosures, public uses and offers for sale.
@@PatentsDemystified got it! What if there is another person that has the same exact product on the other side of the country and for example, I get to find out 1-2 yrs. later, but I've already made a lot of money out of that product what will i do in that situation? will i lose my money?
Theoretically, if someone had a patent on the same product with a priority date before when you started to publicly use or disclose your product, then that other person could potentially prevent you from making, using or selling your product and may be able to recover monetary damages from you.
@@PatentsDemystified can't they send a cease and desist first?
@@PatentsDemystified I have one more question. so sorry about that, but you are truly helping. Is it okay to use a 10-20% of a brands idea? let me give you a prime example. If I have a car and you have a car. You have the coolest features on your car, but I wanted to take 1 tiny feature which is for example the heated steering wheel feature. would that be a problem?
I may have a stupid question but say im tthe first to create a bicycle and get it patented. Does that mean nobody else can create a human powered 2 wheel vehicle for the next 20 years?
This is an excellent question, actually. Assuming you were the first to come up with a bicycle and patent it, you would be able to stop others from making, using, selling, offer to sell or importing the claimed bicycle for about 20 years. However, it depends on the specific wording of the issued "claims" of the patent as to what you would actually be able to exclude others from doing. You could have broader protection than just a "human powered 2 wheel vehicle" or it could be more limited than that. For more on claims of the patent, check out these videos:
ua-cam.com/video/0MneopTXX5Y/v-deo.html (What are patent claims?)
ua-cam.com/video/ZNUEhCtaucM/v-deo.html (Patent claims in examination)
Am I able to patent on a teaching method for reaching kids with special needs god gave me a gift for this
Possibly, but it depends on the specifics of what the method is. I would suggest having a quick chat with a patent attorney to see if it would be patent eligible. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Dylan, in the history of dumb questions, this might top the list, but it actually isn't as it is somewhat more tricky than it might first appear. First off, I know you can't patent an existing plant even if you are the first to discover it (unless your name is Monsanto), but what if you find a totally new application for that plant. As a simple, and outwardly quite stupid, analogy, if I were to discover purely by accident that by taking corn from a corn cob and then crushing it up into a mulch and then applying it to skin I miraculously discover a cure for skin cancer. Note that there are no modifications or additions to the corn, just mulching. Would it be possible to patent this process? I know it sounds like a stupid analogy, but it does help present the problem quite well. I would appreciate your expert opinions. Regards, Jim Kerr.
Hi Jim, this is actually a great question and brings out some important nuances of patent law. Utility patents can protect two basic things: systems and methods. I.e., physical things and methods or process like use, manufacture, treatment etc. In this example, the new method of use could definitely be patentable even if the physical thing being used in the new method is well known. The question then, as always, would be whether this method is new and non-obvious over all known prior art. In the hypothetical, let's assume the method is new (i.e., no single piece of prior art teaches this method of use). Obviousness is typically where the difficulty is though; i.e., would the method be obvious to the average person who works in the technology field given all know prior art.
Here, the method would be new since no prior art in the hypo specifically says that taking corn from a corn cob and then crushing it up into a mulch and then applying it to skin can be used to cure cancer, but it still might be obvious to do so. For example, maybe there is some prior art that talks about mashing up fruits and vegetables as a treatment for skin cancer - an Examiner could argue that the new method would be obvious in view of such prior art since it would be obvious to try to crushing up corn cob as an option, even if the prior art does not specifically point it out. Alternatively, maybe the active ingredient(s) in the corn cob are from a class of compounds that are known for treating cancer and the corn cob is known to have such compounds. An Examiner might argue that it would be obvious to employ the new method since it would be an obvious source of such anti-cancer compounds and the method would be an obvious way of getting access to them. In case it's helpful, here is my video on what Prior Art is as a reminder of what sorts of things could qualify as prior art against such a process: ua-cam.com/video/-9SCz3R6j4s/v-deo.html
@@PatentsDemystified Many thanks, Dylan, that was a great answer. One more question: Don't you sleep? I mean, you always get back to me within 24 hours.
I definitely can't sleep when I get fun and interesting questions on the channel - I'll have it on my mind until I get around to providing an answer. Thanks for watching and for the great questions!
1-3 years??!!!? Sheeesh why so long?
Yup, the examination process takes forever. It’s the government, so things are slow. The application just waits in line and it takes 1-3 years to get to the front of the line.
@@PatentsDemystified What if my product is revolutionary? Like the product will change the world, and i need a patent asap?
It’s possible to do extra work when filing the patent application and pay high extra filing fees to accelerate examination, but this is not typically done because it’s not worth it.