The Secret to Why Patentability of Inventions Does Not Matter for Startups
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- Опубліковано 19 жов 2021
- Startups are often surprised to find out that the patententability does not really matter when it comes to protecting their ideas and inventions. This video explains why smart and successful startups put little to no energy and money into answering the question of "is this patentable?" It's totally counter-intuitive, but filing patent applications to create perceived ownership is much more important than whether the technology is ultimately patentable down the road given that "patent pending" status is what's most important to getting initial traction with a business and attracting investors, partners and even making an exit. Many startups will find success well before patent applications issue as patents or before getting finally rejected by the patent office. #patent #patents #patentstrategy #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...
**** 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 The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law.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
![Picking The Best Patent Attorney For You [Insider Tips]](http://i.ytimg.com/vi/YdgqeTEarhI/mqdefault.jpg)
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
Superb video. Love your channel.
Thanks! I really appreciate it.
Great video! I am going to learn how to draft my own provisional/non-provisional patent applications, where I can go and license the products to companies. Do you have any resources you can point me to to do this?
Thanks! It's really important to learn the legitimate way to find and approach companies to license products to. I always recommend my clients read Stephen Key's "One Simple Idea" on how to do it right: amzn.to/3uCO7be
@PatentsDemystified I bought it yesterday after you referenced it. :) on your video.
@@PatentsDemystified I was curious if you file a patent pending, but I'm your patent pending your claims are not strong can someone theoretically take it from you. Perhaps during a pitch?
Also on the obviousness, if it's so obvious why has no one done it. I don't get that rejection reason. :(
Theoretically, yes. Which is why it's essential that your patent application that is filed is good quality. Especially for provisional applications, the USPTO will accept literally anything and folks often unknowingly file provisional applications that are completely worthless.
I can't help but disagree a little bit about prior art searches. I think a good rule of thumb is if you find prior art that has all the elements or steps of your invention in one reference then don't bother with filing, a 102 rejection. I do get your point though, the examiner always finds their own prior art and will look at it differently than you do.
Yea, if you are aware of prior art that would support a clear novelty (35 USC 102) rejection, then it does not make sense to just file the application. You want to be able to tell investors and other partners that you have the potential for patent rights in good faith and to do otherwise would be unethical or at worst fraudulent. For sufficiently complex inventions though, where it's more an issue of how broad or narrow of protection you will get, just filing the application is the most cost-effective strategy.
Also, maybe it's just the type of technology I tend to work on, but novelty (102) rejections are usually seen as softball rejections that are easy to overcome since it's rare that one single reference will actually have all the elements of an invention. The only time I've seen novelty (102) rejections be a real issue is where the original applicant or attorney didn't put sufficient detail the application, which does not give us the ability to add new elements to the claims to get around a novelty rejection. Thanks for the great and insightful comment! Much appreciated.
What if its bigger than just a single product? What if its somewgat like airbnb or uber?
It's the same for startups like this as well at early stages.