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 includes 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
I have an invention idea for years called virtual music roll entertainment system. Something that can be used for many different uses. It involves music. I have a prototype . I go on music rolls almost everyday and has had a big influence on supposedly new technologies, namely neural link networks and Microsoft.. Elon musk and Bill gates as well as others. This invention I believe have been broadcast in this system, although I could also make videos of it or have pay per view of them. Would this be an invention that could be patented? I had a couple of investors that called me about it years ago but without proper representation I wasn't interested. Can I patent it? I could write a book on it with a professional author but I'm not sure what's best .it has a very large percent of success if I develop what I envision it to be.
@@mandelpendergrast7686 It's hard to know whether this could be patented without specific details since that where patentability will likely be. I would suggest talking with a trusted patent attorney. You can find one here: oedci.uspto.gov/OEDCI/practitionerSearchEntry I would suggest figuring out your business plan with the invention idea first since that will dictate your patent strategy.
Prior art searching for things like your invention wouldn't typically provide enough detail to give away the idea. Regardless, it's probably a bit overkill to be concerned about Google tracking your search traffic and stealing your idea. Personally, I wouldn't be concerned about that and would feel free to search via Google. I'm not aware of anyone who avoids doing prior art searching via Google due to security concerns. That being said, if you are really concerned about privacy, consider using a browser like DuckDuckGo that does not track your search history.
I've been an inventor, designer, manufacturer, and marketer of hundreds of professional technical tools for more than 50-years and have never applied for a patent on a single one! In the 80's I read an article from a fellow inventor stating the following: patents provide zero protection, they provide only one thing, the precedent to sue an infringer in a court of law. If you do not have the sizeable money to pay an attorney to bring this lawsuit to court, attorneys will rarely if ever, take a patent infringement case on contingency, unless it provides multiple millions of dollars for the attorney. In addition, if you do not bring suit against every infringer on your patent, you will lose the ability to bring suit after only one year! This is why I've never applied for a patent, I simply marketed my products with a money back guarantee of utility, and at a reasonable price for the marketplace. David Riddle
Hi David, thanks for sharing you experience with us! You bring up a great point that patents are absolutely not required to be successful and sometimes don't make any sense for certain inventions and business plans. You're also correct that patents can be extremely difficult and expensive to enforce, which is one of the reasons that patents don't make sense for certain products or business plans. The only thing that's not correct is where you say that "if you do not bring suit against every infringer on your patent, you will lose the ability to bring suit after only one year" - this is incorrect. You might be thinking of trademarks where folks need to reasonably police their mark or potentially lose it. For patents, there is no requirement to act against infringers aside from a few exceptions. There is definitely not a specific one year requirement related to enforcement. Maybe you are thinking about the 1-year grace period in the US where patent rights are lost one year after a public disclosure, public use, or offer for sale if you don't file a patent application?
What questions did you have about patent maintenance fees that would be helpful to have in a video? Honestly, I hadn't thought about it since maintenance fees are relatively simple in the US. and are just due 3.5 years after grant, 7.5 years after grant, and 11.5 years after grant for utility patents. Foreign maintenance fees and annuities are much more complicated and vary widely from jurisdiction to jurisdiction.
Thanks! More informative than other videos I watched. 1 question though, does a pending patent or even approved patent at the WIPO cover for all countries. How much would it cost to patent a product by an individual, no company yet. Thanks.
Great question! Provisional patent applications and a WIPO or PCT application can cover the *option* for getting patents issued in foreign countries. However, patent protection is ultimately country by country and you need to file a separate patent application for each country that you want protection in. There are some regional patent offices like the EPO that covers European countries, but even that application needs to ultimately be validated in specific countries. Check out my video on foreign patents for more details on this: ua-cam.com/video/aMT7yQwn69c/v-deo.html Thanks for watching and for the question!
What about some idea about marketing? I really had one and i can demonstrate that it is an effective idea for attracting the view of common people of all age and all size. Can i patent it?
It depends on the specifics of the idea and how it’s implemented. If it computer implemented, it might have a shot, but abstract business methods will have a really hard time. I would suggest consulting with a patent attorney: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Would a board game require a patent or copyright? Mine is a creative idea involving complete rules and game pieces. I have a prototype but have not sold anything.
Probably both. The artistic elements of the game would be protectable with copyright whereas the mechanics of the game could be patentable. For the patent side, talk with a patent attorney who has worked on game patents recently - the law in this area has been in flux.
Yes, you can patent an improvement on a process if the improvement is new and non-obvious over the prior art. This video has more detail on this: ua-cam.com/video/n3P6FsviqDQ/v-deo.html
Thanks! It may be possible to patent a product if it's used in a very different way by changing it's shape for example. However, it depends on the specifics of the invention and the relevant prior art. To get a patent, the invention must be new and non-obvious over the prior art. Here, it sounds like it would be new, but would it be obvious? Again, depends on all the specifics. These videos below have some more detail on the non-obviousness standard of patentability and talking with a patent attorney about the specifics would likely be a quick way get some clarity. ua-cam.com/video/mWBVKbARwE4/v-deo.html ua-cam.com/video/vLqofBOkW6Y/v-deo.html
So you said in other videos that the process can take quite awhile, somewhere around 18 months. From my understanding it would be good to have enough of an idea that it would be plausible to move forward with (make a business around it) and then during this long process you could become more public about it and continue to refine the development process and your overall business plan. My question comes when in a different video you said that there are extra fees you can pay to speed up the process while everyone else, along with yourself, have their ideas in the "secret vault". Is part of the process them checking in that secret vault? Also, could someone pay more money to potentially pass your patent in the process and therefor get the patent through first and steal your spot? I know this idea may be a little bit out there I was just intrigued by the process format that it all goes through. Also, I want to add that you have great videos with great content!
Thanks, Derek. When patent applications are held in secret before they publish, they are not yet available as prior art against other applications and Examiners are not able to search for them. Only publications of pending applications and publications of issued patents can be used as prior art. That's one of the reasons I'm a fan of letting pending applications publish - to make it available as prior art to prevent others from patenting the same thing or something similar. Regarding expediting examination to get an application through faster, priority is based on who files their patent application first and not on whose patent application issues first, so expediting examination won't help you get ahead of someone else. Also, regarding when to file a patent application, I typically suggest waiting until you are ready to make public disclosures, public uses, offers for sale or before approaching investors. More on that is in my video here: ua-cam.com/video/kguf3LllW58/v-deo.html (When to File a Patent Application)
Seems to me that your better off marketing your products more so eating to get your ideas patented because you stand the risk of someone stealing your idea or it’s not enough too be patented and you’ve already made sells why should take the risk of them slowing you down and wait for approval you said everyone product might be the same what about the ones that are god and couldn’t make a good profit from it is a patent even necessary?
I have an idea for an invention that will sell out fast. You know the O Cedar mop and bucket with the spinner you step on to wring out the mop? We need a manual washing machine that works like that. If there is a cyber attack or major black out, how will we wash our clothes? And think of all the tiny homes that want to live off grid? I know this idea is a winner. We really only need the strainer/spinner device to fit over a bath tub and the bath tub can be the basin for the washing machine. You run the water, add detergent, soak the clothes than agitate the clothes with the spinner. There should be a way to raise or lower the spinner whether you need an agitator or strain to shake off the water. The, you can either run the shower over the clothes to rinse them or a water hose but then they will need to be spun again to throw off the excess water untill all the detergent and dirt have been rinsed out. I bet this will get your clothes leaner than an electric machine
I guess the question i really would like to ask you, can i patent a app that would be use worldwide for services and would i need to do this twice by doing a patent for the idea and also one for the app ? Please help me to understand if i only need to do this once
An app could be patentable if it is new and non-obvious over the prior art. You can typically protect such an invention with a single patent application (or at least a single initial patent application), so I would not necessarily suggest multiple patent applications. It mostly depends on the specifics of the invention and your business plan, so talk with your patent attorney about the best strategy. For more on patentability in view of the prior art, check out this video: ua-cam.com/video/n3P6FsviqDQ/v-deo.html
Good video. Didnt tell me HOW to patent an anvention idea, just answered IF it is possible, or if I should continue in the process. But good vid nonttheless. Important to know.
Hi Ray, Yes, you are exactly right. This video is more about the IF instead of the how. These videos may have more of the HOW that you are looking for: The Best Patent Strategy: ua-cam.com/video/zCbEz3AKVoE/v-deo.html The Patent Examination Process: ua-cam.com/video/TI6IYxo7ppA/v-deo.html Provisional vs. Non-provisional patent applications: ua-cam.com/video/NIh3nLIdKIs/v-deo.html Thanks for the comment and for watching! Let me know if this answers what you were looking for - always glad to make a video that addresses your questions.
Can I patent anything that has other people's discovery / invention? I have a electric power generator that can generate 100 kv for nearly 100 years. It includes the marx generator invented by Erwin Otto Marx in 1924. Can I patent my generator?
Possibly. To be patentable, the new generator must be new and non-obvious over all prior art. Sounds like your generator is new, but the question would then be whether it's non-obvious in view of the Marx Generator and other prior art. These videos might be useful in defining some of this: ua-cam.com/video/-9SCz3R6j4s/v-deo.html - What is prior art? ua-cam.com/video/Y0z2LRErblU/v-deo.html - Top 5 Patent Application Rejections ua-cam.com/video/4hK7TKBD21U/v-deo.html - Novelty Rejections
What if i have an idea to improve a pre existing company’s business model. Something that they can add on that nobody is doing. This is for a company that has an app and my idea would just add an extra feature and a feature that would improve the experience greatly. I have a feeling i can’t patent that. But can i?
That could be patentable, but it depends on the specifics. Improvements to technology can be patentable assuming they are new and non-obvious over the thing being improved and other prior art. Also, it would need to be patent-eligible subject matter in general. For example, an abstract business idea is going to be hard to protect, but an improvement to how an app works or a new functionality might. I would suggest talking with a patent attorney about the specifics of what you have in mind. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Depending on what the idea is, you might also consider trademark or copyright protection, but talk with your IP attorney about whether these are relevant to your idea.
First off, make sure you work with a registered patent attorney that is actually allowed to represent you before the USPTO and has a fiduciary duty to you. As list of such folks can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry Don’t work with an invention submission company or other scammy service like that. As far as patent attorneys go, the right person should have a technical background that fits your invention and has experience and interest in working with clients of your business type, so it’s very specific based on your business goals and invention.
Protecting artistic works via copyright is pretty easy and inexpensive. Just go to copyright.gov. It’s simple enough that I recommend folks doing it themselves.
What if you are in a troubled country and you have an idea that could make a huge positive change in the energy field, what can you do with all my respect and thanks
It’s hard to give specific advice since so much depends on the specific of the situation, (e.g., nature of the tech, business plan, stage of development, your background, etc.) but hopefully some general advice might help: Know that you have a chance at success no matter where you are in the world. Assuming it’s a viable product and business, it comes down to you sticking with it, hustling and finding creative solutions to make it happen. Also, try to find the positives of your location over the negatives. For example, maybe you have an advantage by being somewhere where labor and materials are less expensive or you know how to tap into a market that others can’t. The journey of an entrepreneur is never easy for anyone, and you might have to work harder than folks in other places, but it’s still possible to make your business a reality.
@@PatentsDemystified ,،Thank you for these valuable advice. I am sure that I am thankful and grateful to you. I was working in the Oil and Gas Partnership, but the war conditions in my country, Syria, prevented me from implementing my projects and ideas. I think that I should present these ideas in a developed country.
Yea, Syria is a really tough market to operate in right now. Try to develop and get proof of concept of the technology as much as possible locally, but keep on looking for foreign partners and investors at the same time in parallel. Just keep on pushing forward and try to get traction where possible.
@@PatentsDemystified ،Thank you for the support and advice, and if there is a way through you, I am ready and ready to work together with all the love and appreciation to you
You bet. The design of a car deck could be patentable assuming it's new and non-obvious in view of previous car deck designs and other relevant prior art. Depending on what's novel about the design you could possibly protect a car deck with a design patent and/or utility patent. For more on prior art, check out this video: ua-cam.com/video/n3P6FsviqDQ/v-deo.html
Absolutely not. I would never recommend a client to use an inventorship service like this and most of them are complete scams. Unfortunately, the best way to license your idea is to learn the right way to do it yourself and be your own advocate. I typically recommend that folks read Stephen Key's "One Simple Idea" (amzn.to/3QBguPU) to learn the right way to pitch and license ideas and inventions without getting scammed.
Yes! Inventors can always file themselves Pro Se. They don't have special Examiners for Pro Se inventors, and applications get assigned based on the type of subject matter to an Examiner that has that a technical background in that given invention type, but Examiners do receive guidance to assist Pro Se inventors with the process as much as possible.
To find a patent attorney, I would start with asking your network for referrals first and make sure the attorney you work with has experience working with companies of your type and size and the general technology area. This video has some detail on why picking a patent attorney who has experience with your size of business is important: ua-cam.com/video/Sgm31xc8crU/v-deo.html If your network does not have any good referrals, you can search for folks on websites like Avvo.com, but regardless, make sure you talk with a registered patent attorney or agent. You can confirm their status and search for folks on the USPTO website here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
It depends on the specific idea, but the initial steps of taking something from an idea to product or business often are free and folks who are asking for your money to do this are typically a scam. This video has more detail on what to actually do first with an invention idea: ua-cam.com/video/9F-GXB-XAIs/v-deo.html For example, some ideas can be for products that could be licensed to companies, where you don't need to incur the cost of manufacturing the product yourself. However, this does not work for all ideas/products and you need to learn how to effectively find a pitch the right products to the right companies. I always recommend my clients read Stephen Key's book on how to learn these licensing skills: amzn.to/468jp6M Other ideas are not going to licensable, but if they are truly an idea that will make for a viable business or product that you can bring to market, you can find investors that will invest in helping your build that company. However, you need to do a lot of research and due diligence to get to the point where you can pitch and convince investors that your business or product is worth investing in. All of this can potentially be done with little or no money, but does require a lot of hard work and learning, which is what actually holds people back instead of lack of money.
My concern is if I can trust sharing my idea to be protected. I need to have my idea given to experts to produce. So I’m so confused and unsure who to go to.
Hi Evon, I have some great videos that discuss this exact issue: Who can you trust with your invention idea: ua-cam.com/video/M7ELGuAv7cU/v-deo.html How to keep your invention idea safe: ua-cam.com/video/s-RwfESZIIM/v-deo.html Is it safe to tell your wife/husband/spouse your idea: ua-cam.com/video/p3q4hegLFjE/v-deo.html You do need to be careful about sharing your idea, but it's really important to get it out there. It's far more likely it will fail because you don't tell anyone than the rare chance that someone could steal it. Honestly, ideas rarely get stolen because it's typically difficult, risky and time consuming to implement ideas and turn them into a viable business and not something that most folks would actually want to do. Most folks who produce products are fine with signing an NDA or non-compete agreement if you need extra assistance.
NDAs can work in some situations, but not all the time. For example, nearly all investors will refuse to sign NDAs and actually find it insulting an amateurish. Also, NDAs in general can be difficult to enforce, which gives them less protection than a patent application.
How do we protect from the first person we talk to in the patent process? For example can a patent lawyer or a "invention help" type company just tell you it's not a viable idea. Then turn around and steal it..
You can feel free to share your idea openly with a patent attorney since they are required to keep it confidential based on attorney-client privilege. For an "invention help" type company, I would suggest trying to get them to sign a Non-Disclosure Agreement (NDA). For more on who you can/can't trust with your invention idea, check out this video (ua-cam.com/video/M7ELGuAv7cU/v-deo.html - Who Can You Trust With Your Invention Idea?) However, I would definitely recommend against working with most "invention help" companies since they tend to be scammy and take your money to do worthless expensive "research" and "analysis" and then submit your idea to companies in a way that won't actually work. Trying to buy your way to success with companies typically just ends with folks losing lots of money. For more on this check out this video (ua-cam.com/video/9F-GXB-XAIs/v-deo.html - What to do next with your invention idea).
@@PatentsDemystified i see. Thank you for that.. also could it help at all to document everything. with time stamped pictures or videos prior to speaking to any one? Or would that not be legit in an infringement case...
It's always good to have things documented, but it might not help you as much as you think. Patent priority is based on who files their patent application first and not who invents first, so showing earlier invention won't help you on the patent front. I discuss this in this video: (ua-cam.com/video/bzzIG8VeHPw/v-deo.html - Mail it to yourself "Poor man's patent"). Might help you with enforcing an NDA, but NDAs are still usually pretty difficult to enforce. That being said, I would suggest not being overly concerned with having your idea stolen. You are far more likely to have your product or business fail because you don't effectively get it out there than having it stolen by someone. Idea stealing is extremely rare. It's a lot harder to bring an idea to fruition than people realize, so stealing an idea doesn't make sense and isn't practical in most contexts. I discuss this a bit in this video: (ua-cam.com/video/GYHvrFm5mKw/v-deo.html - How to Know if You Have A Million Dollar Idea).
Possibly. It depends on whether it’s new and non-obvious in view of the prior art. This video has more detail on that: ua-cam.com/video/n3P6FsviqDQ/v-deo.html However, business methods and abstract ideas can be difficult to patent.
Would I be able to patent a musical innovation? For example, a completely new novel and innovative method of creating music that has never been done by NOBODY before that could inspire a whole future generation
It depends on the specifics of how it's implemented. If it's done on a computer like all the AI music generation program that are coming out, then it might be, but if it's a way of people creating music, it might be harder to patent and could be rejected as being an abstract idea. I would suggest talking with a patent attorney about the specifics to get a proper analysis: oedci.uspto.gov/OEDCI/practitionerSearchEntry
I have a framed out invention well idea and I don't want anyone to steel it looking for someone to network with that may work with me to try and get funding what I'm talking about will change the country forever so I need some incentive minded people that I can work with
Copyright would protect the videos themselves. Trademark could protect the branding of a channel in relation to specific goods and services. For example, the channel name, logos etc.
Do you have an email? We have an idea about something to patent but aren't sure if it's patentable. Brand new subscribers, have zero clue what to do about reaching out to a manufacturer about possible mass production???
Patent attorneys won’t steal an idea. This video explains why: Patent Attorneys Stealing Invention Ideas: The Real Truth ua-cam.com/video/pXEa8XRFJ7o/v-deo.html
This is the most redundant thing i've ever heard. Is your audience just coming into existence yesterday?? I would hope if you're looking too patent something you know what a patent is
This may seem obvious to you, but most folks don't know anything about patents and they find this basic and introductory content to be extremely valuable. Folks who are looking to patent something typically start here to learn what a patent is for the first time. Thanks for your comment.
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 includes 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
I have an invention idea for years called virtual music roll entertainment system. Something that can be used for many different uses. It involves music. I have a prototype . I go on music rolls almost everyday and has had a big influence on supposedly new technologies, namely neural link networks and Microsoft.. Elon musk and Bill gates as well as others. This invention I believe have been broadcast in this system, although I could also make videos of it or have pay per view of them. Would this be an invention that could be patented? I had a couple of investors that called me about it years ago but without proper representation I wasn't interested. Can I patent it? I could write a book on it with a professional author but I'm not sure what's best .it has a very large percent of success if I develop what I envision it to be.
@@mandelpendergrast7686 It's hard to know whether this could be patented without specific details since that where patentability will likely be. I would suggest talking with a trusted patent attorney. You can find one here: oedci.uspto.gov/OEDCI/practitionerSearchEntry I would suggest figuring out your business plan with the invention idea first since that will dictate your patent strategy.
How do you search for items LIKE what you want to patent without giving away a new idea? Google tracks everything
Prior art searching for things like your invention wouldn't typically provide enough detail to give away the idea. Regardless, it's probably a bit overkill to be concerned about Google tracking your search traffic and stealing your idea. Personally, I wouldn't be concerned about that and would feel free to search via Google. I'm not aware of anyone who avoids doing prior art searching via Google due to security concerns. That being said, if you are really concerned about privacy, consider using a browser like DuckDuckGo that does not track your search history.
I’ve got “the one”. !!
I've been an inventor, designer, manufacturer, and marketer of hundreds of professional technical tools for more than 50-years and have never applied for a patent on a single one! In the 80's I read an article from a fellow inventor stating the following: patents provide zero protection, they provide only one thing, the precedent to sue an infringer in a court of law. If you do not have the sizeable money to pay an attorney to bring this lawsuit to court, attorneys will rarely if ever, take a patent infringement case on contingency, unless it provides multiple millions of dollars for the attorney. In addition, if you do not bring suit against every infringer on your patent, you will lose the ability to bring suit after only one year! This is why I've never applied for a patent, I simply marketed my products with a money back guarantee of utility, and at a reasonable price for the marketplace. David Riddle
Hi David, thanks for sharing you experience with us! You bring up a great point that patents are absolutely not required to be successful and sometimes don't make any sense for certain inventions and business plans. You're also correct that patents can be extremely difficult and expensive to enforce, which is one of the reasons that patents don't make sense for certain products or business plans. The only thing that's not correct is where you say that "if you do not bring suit against every infringer on your patent, you will lose the ability to bring suit after only one year" - this is incorrect. You might be thinking of trademarks where folks need to reasonably police their mark or potentially lose it. For patents, there is no requirement to act against infringers aside from a few exceptions. There is definitely not a specific one year requirement related to enforcement. Maybe you are thinking about the 1-year grace period in the US where patent rights are lost one year after a public disclosure, public use, or offer for sale if you don't file a patent application?
Thank you so much for keeping your videos short and sweet, very informative. Are you going to make a video about patent maintenance fees?
What questions did you have about patent maintenance fees that would be helpful to have in a video? Honestly, I hadn't thought about it since maintenance fees are relatively simple in the US. and are just due 3.5 years after grant, 7.5 years after grant, and 11.5 years after grant for utility patents. Foreign maintenance fees and annuities are much more complicated and vary widely from jurisdiction to jurisdiction.
Thanks! More informative than other videos I watched. 1 question though, does a pending patent or even approved patent at the WIPO cover for all countries. How much would it cost to patent a product by an individual, no company yet. Thanks.
Great question! Provisional patent applications and a WIPO or PCT application can cover the *option* for getting patents issued in foreign countries. However, patent protection is ultimately country by country and you need to file a separate patent application for each country that you want protection in. There are some regional patent offices like the EPO that covers European countries, but even that application needs to ultimately be validated in specific countries. Check out my video on foreign patents for more details on this: ua-cam.com/video/aMT7yQwn69c/v-deo.html
Thanks for watching and for the question!
@@PatentsDemystified your prompt response and reply is much appreciated. I will watch your suggested video.
What about some idea about marketing? I really had one and i can demonstrate that it is an effective idea for attracting the view of common people of all age and all size. Can i patent it?
It depends on the specifics of the idea and how it’s implemented. If it computer implemented, it might have a shot, but abstract business methods will have a really hard time. I would suggest consulting with a patent attorney: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Would a board game require a patent or copyright? Mine is a creative idea involving complete rules and game pieces. I have a prototype but have not sold anything.
Probably both. The artistic elements of the game would be protectable with copyright whereas the mechanics of the game could be patentable. For the patent side, talk with a patent attorney who has worked on game patents recently - the law in this area has been in flux.
Hi my name is Jose Garcia. How can I contact you? I need your help with a couple questions.
Can you patent product that solve a problem on a process? To improve existing product?
Yes, you can patent an improvement on a process if the improvement is new and non-obvious over the prior art. This video has more detail on this:
ua-cam.com/video/n3P6FsviqDQ/v-deo.html
In case i use a product in a very different way by changing it's shape for example, can that be patented? And how could i do it?
Great video indeed!
Thanks! It may be possible to patent a product if it's used in a very different way by changing it's shape for example. However, it depends on the specifics of the invention and the relevant prior art. To get a patent, the invention must be new and non-obvious over the prior art. Here, it sounds like it would be new, but would it be obvious? Again, depends on all the specifics. These videos below have some more detail on the non-obviousness standard of patentability and talking with a patent attorney about the specifics would likely be a quick way get some clarity.
ua-cam.com/video/mWBVKbARwE4/v-deo.html
ua-cam.com/video/vLqofBOkW6Y/v-deo.html
@PatentsDemystified thanks a lot for the quick respond! Keep the nice work!
So you said in other videos that the process can take quite awhile, somewhere around 18 months. From my understanding it would be good to have enough of an idea that it would be plausible to move forward with (make a business around it) and then during this long process you could become more public about it and continue to refine the development process and your overall business plan. My question comes when in a different video you said that there are extra fees you can pay to speed up the process while everyone else, along with yourself, have their ideas in the "secret vault". Is part of the process them checking in that secret vault? Also, could someone pay more money to potentially pass your patent in the process and therefor get the patent through first and steal your spot? I know this idea may be a little bit out there I was just intrigued by the process format that it all goes through.
Also, I want to add that you have great videos with great content!
Thanks, Derek. When patent applications are held in secret before they publish, they are not yet available as prior art against other applications and Examiners are not able to search for them. Only publications of pending applications and publications of issued patents can be used as prior art. That's one of the reasons I'm a fan of letting pending applications publish - to make it available as prior art to prevent others from patenting the same thing or something similar.
Regarding expediting examination to get an application through faster, priority is based on who files their patent application first and not on whose patent application issues first, so expediting examination won't help you get ahead of someone else. Also, regarding when to file a patent application, I typically suggest waiting until you are ready to make public disclosures, public uses, offers for sale or before approaching investors. More on that is in my video here: ua-cam.com/video/kguf3LllW58/v-deo.html (When to File a Patent Application)
Seems to me that your better off marketing your products more so eating to get your ideas patented because you stand the risk of someone stealing your idea or it’s not enough too be patented and you’ve already made sells why should take the risk of them slowing you down and wait for approval you said everyone product might be the same what about the ones that are god and couldn’t make a good profit from it is a patent even necessary?
waiting
Good
I have an idea for an invention that will sell out fast. You know the O Cedar mop and bucket with the spinner you step on to wring out the mop? We need a manual washing machine that works like that. If there is a cyber attack or major black out, how will we wash our clothes? And think of all the tiny homes that want to live off grid? I know this idea is a winner. We really only need the strainer/spinner device to fit over a bath tub and the bath tub can be the basin for the washing machine. You run the water, add detergent, soak the clothes than agitate the clothes with the spinner. There should be a way to raise or lower the spinner whether you need an agitator or strain to shake off the water. The, you can either run the shower over the clothes to rinse them or a water hose but then they will need to be spun again to throw off the excess water untill all the detergent and dirt have been rinsed out. I bet this will get your clothes leaner than an electric machine
Sounds great!
I guess the question i really would like to ask you, can i patent a app that would be use worldwide for services and would i need to do this twice by doing a patent for the idea and also one for the app ? Please help me to understand if i only need to do this once
An app could be patentable if it is new and non-obvious over the prior art. You can typically protect such an invention with a single patent application (or at least a single initial patent application), so I would not necessarily suggest multiple patent applications. It mostly depends on the specifics of the invention and your business plan, so talk with your patent attorney about the best strategy. For more on patentability in view of the prior art, check out this video: ua-cam.com/video/n3P6FsviqDQ/v-deo.html
Thanks
Good video. Didnt tell me HOW to patent an anvention idea, just answered IF it is possible, or if I should continue in the process. But good vid nonttheless. Important to know.
Hi Ray,
Yes, you are exactly right. This video is more about the IF instead of the how. These videos may have more of the HOW that you are looking for:
The Best Patent Strategy: ua-cam.com/video/zCbEz3AKVoE/v-deo.html
The Patent Examination Process: ua-cam.com/video/TI6IYxo7ppA/v-deo.html
Provisional vs. Non-provisional patent applications: ua-cam.com/video/NIh3nLIdKIs/v-deo.html
Thanks for the comment and for watching! Let me know if this answers what you were looking for - always glad to make a video that addresses your questions.
Can I patent anything that has other people's discovery / invention? I have a electric power generator that can generate 100 kv for nearly 100 years. It includes the marx generator invented by Erwin Otto Marx in 1924. Can I patent my generator?
Possibly. To be patentable, the new generator must be new and non-obvious over all prior art. Sounds like your generator is new, but the question would then be whether it's non-obvious in view of the Marx Generator and other prior art. These videos might be useful in defining some of this:
ua-cam.com/video/-9SCz3R6j4s/v-deo.html - What is prior art?
ua-cam.com/video/Y0z2LRErblU/v-deo.html - Top 5 Patent Application Rejections
ua-cam.com/video/4hK7TKBD21U/v-deo.html - Novelty Rejections
@@PatentsDemystified Thanks bro
You bet. Glad to help.
Excellent video... I've been trying to get clarification on this for years now.
Thanks!
Great video! Super informative.
Thanks! Glad to hear it was helpful.
What if i have an idea to improve a pre existing company’s business model. Something that they can add on that nobody is doing. This is for a company that has an app and my idea would just add an extra feature and a feature that would improve the experience greatly. I have a feeling i can’t patent that. But can i?
That could be patentable, but it depends on the specifics. Improvements to technology can be patentable assuming they are new and non-obvious over the thing being improved and other prior art. Also, it would need to be patent-eligible subject matter in general. For example, an abstract business idea is going to be hard to protect, but an improvement to how an app works or a new functionality might. I would suggest talking with a patent attorney about the specifics of what you have in mind. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Hi there , so i have an idea but not enough funds to buy a patent , is there any other way to pretext my idea if and when i bring it to life ?
Depending on what the idea is, you might also consider trademark or copyright protection, but talk with your IP attorney about whether these are relevant to your idea.
So much great information. Great video
Thanks! I appreciate it. Thanks for watching.
What’s a good patent company to go to?
First off, make sure you work with a registered patent attorney that is actually allowed to represent you before the USPTO and has a fiduciary duty to you. As list of such folks can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry Don’t work with an invention submission company or other scammy service like that. As far as patent attorneys go, the right person should have a technical background that fits your invention and has experience and interest in working with clients of your business type, so it’s very specific based on your business goals and invention.
So how can you protect your idea by copyright?
Protecting artistic works via copyright is pretty easy and inexpensive. Just go to copyright.gov. It’s simple enough that I recommend folks doing it themselves.
What if you are in a troubled country and you have an idea that could make a huge positive change in the energy field, what can you do with all my respect and thanks
It’s hard to give specific advice since so much depends on the specific of the situation, (e.g., nature of the tech, business plan, stage of development, your background, etc.) but hopefully some general advice might help:
Know that you have a chance at success no matter where you are in the world. Assuming it’s a viable product and business, it comes down to you sticking with it, hustling and finding creative solutions to make it happen. Also, try to find the positives of your location over the negatives. For example, maybe you have an advantage by being somewhere where labor and materials are less expensive or you know how to tap into a market that others can’t. The journey of an entrepreneur is never easy for anyone, and you might have to work harder than folks in other places, but it’s still possible to make your business a reality.
@@PatentsDemystified ,،Thank you for these valuable advice. I am sure that I am thankful and grateful to you. I was working in the Oil and Gas Partnership, but the war conditions in my country, Syria, prevented me from implementing my projects and ideas. I think that I should present these ideas in a developed country.
Yea, Syria is a really tough market to operate in right now. Try to develop and get proof of concept of the technology as much as possible locally, but keep on looking for foreign partners and investors at the same time in parallel. Just keep on pushing forward and try to get traction where possible.
@@PatentsDemystified ،Thank you for the support and advice, and if there is a way through you, I am ready and ready to work together with all the love and appreciation to you
Can you patent for example a new design of the pattern of car decks?
You bet. The design of a car deck could be patentable assuming it's new and non-obvious in view of previous car deck designs and other relevant prior art. Depending on what's novel about the design you could possibly protect a car deck with a design patent and/or utility patent. For more on prior art, check out this video: ua-cam.com/video/n3P6FsviqDQ/v-deo.html
@@PatentsDemystified thank you!
Would You trust places like inventhelp?
Absolutely not. I would never recommend a client to use an inventorship service like this and most of them are complete scams. Unfortunately, the best way to license your idea is to learn the right way to do it yourself and be your own advocate. I typically recommend that folks read Stephen Key's "One Simple Idea" (amzn.to/3QBguPU) to learn the right way to pitch and license ideas and inventions without getting scammed.
I think I heard the USPTO allows Inventors to file themselves Pro Se and even might have a special division of examiners for ProSe filings?
Yes! Inventors can always file themselves Pro Se. They don't have special Examiners for Pro Se inventors, and applications get assigned based on the type of subject matter to an Examiner that has that a technical background in that given invention type, but Examiners do receive guidance to assist Pro Se inventors with the process as much as possible.
@@PatentsDemystified Nice, I guess what I heard about was the Pro-Se assistance center. www.uspto.gov/patents/patents-ombuds/pro-se-assistance-center
This was really helpful. Thank you so much!
Thanks! I appreciate it.
How can I get a patent attorney? How much does it all cost ?
To find a patent attorney, I would start with asking your network for referrals first and make sure the attorney you work with has experience working with companies of your type and size and the general technology area. This video has some detail on why picking a patent attorney who has experience with your size of business is important: ua-cam.com/video/Sgm31xc8crU/v-deo.html If your network does not have any good referrals, you can search for folks on websites like Avvo.com, but regardless, make sure you talk with a registered patent attorney or agent. You can confirm their status and search for folks on the USPTO website here: oedci.uspto.gov/OEDCI/practitionerSearchEntry
What if you have an incredible idea. But YOU HAVE NO MONEY AT ALL. THEN WHAT. FFFFFFFFFFFFF
It depends on the specific idea, but the initial steps of taking something from an idea to product or business often are free and folks who are asking for your money to do this are typically a scam. This video has more detail on what to actually do first with an invention idea: ua-cam.com/video/9F-GXB-XAIs/v-deo.html
For example, some ideas can be for products that could be licensed to companies, where you don't need to incur the cost of manufacturing the product yourself. However, this does not work for all ideas/products and you need to learn how to effectively find a pitch the right products to the right companies. I always recommend my clients read Stephen Key's book on how to learn these licensing skills: amzn.to/468jp6M
Other ideas are not going to licensable, but if they are truly an idea that will make for a viable business or product that you can bring to market, you can find investors that will invest in helping your build that company. However, you need to do a lot of research and due diligence to get to the point where you can pitch and convince investors that your business or product is worth investing in. All of this can potentially be done with little or no money, but does require a lot of hard work and learning, which is what actually holds people back instead of lack of money.
That's when you pass the idea off to me and let me patent it.
My concern is if I can trust sharing my idea to be protected. I need to have my idea given to experts to produce. So I’m so confused and unsure who to go to.
Hi Evon,
I have some great videos that discuss this exact issue:
Who can you trust with your invention idea: ua-cam.com/video/M7ELGuAv7cU/v-deo.html
How to keep your invention idea safe: ua-cam.com/video/s-RwfESZIIM/v-deo.html
Is it safe to tell your wife/husband/spouse your idea: ua-cam.com/video/p3q4hegLFjE/v-deo.html
You do need to be careful about sharing your idea, but it's really important to get it out there. It's far more likely it will fail because you don't tell anyone than the rare chance that someone could steal it. Honestly, ideas rarely get stolen because it's typically difficult, risky and time consuming to implement ideas and turn them into a viable business and not something that most folks would actually want to do. Most folks who produce products are fine with signing an NDA or non-compete agreement if you need extra assistance.
couldn't you just have them sign an NDA?
NDAs can work in some situations, but not all the time. For example, nearly all investors will refuse to sign NDAs and actually find it insulting an amateurish. Also, NDAs in general can be difficult to enforce, which gives them less protection than a patent application.
What’s your idea?
This was very informative
Thanks! Glad to hear it.
How do we protect from the first person we talk to in the patent process? For example can a patent lawyer or a "invention help" type company just tell you it's not a viable idea. Then turn around and steal it..
You can feel free to share your idea openly with a patent attorney since they are required to keep it confidential based on attorney-client privilege. For an "invention help" type company, I would suggest trying to get them to sign a Non-Disclosure Agreement (NDA). For more on who you can/can't trust with your invention idea, check out this video (ua-cam.com/video/M7ELGuAv7cU/v-deo.html - Who Can You Trust With Your Invention Idea?) However, I would definitely recommend against working with most "invention help" companies since they tend to be scammy and take your money to do worthless expensive "research" and "analysis" and then submit your idea to companies in a way that won't actually work. Trying to buy your way to success with companies typically just ends with folks losing lots of money. For more on this check out this video (ua-cam.com/video/9F-GXB-XAIs/v-deo.html - What to do next with your invention idea).
@@PatentsDemystified i see. Thank you for that.. also could it help at all to document everything. with time stamped pictures or videos prior to speaking to any one? Or would that not be legit in an infringement case...
It's always good to have things documented, but it might not help you as much as you think. Patent priority is based on who files their patent application first and not who invents first, so showing earlier invention won't help you on the patent front. I discuss this in this video: (ua-cam.com/video/bzzIG8VeHPw/v-deo.html - Mail it to yourself "Poor man's patent"). Might help you with enforcing an NDA, but NDAs are still usually pretty difficult to enforce.
That being said, I would suggest not being overly concerned with having your idea stolen. You are far more likely to have your product or business fail because you don't effectively get it out there than having it stolen by someone. Idea stealing is extremely rare. It's a lot harder to bring an idea to fruition than people realize, so stealing an idea doesn't make sense and isn't practical in most contexts. I discuss this a bit in this video: (ua-cam.com/video/GYHvrFm5mKw/v-deo.html - How to Know if You Have A Million Dollar Idea).
Thanks make more sense... Great information
Thanks!
Could I patent a service that no one is doing
Possibly. It depends on whether it’s new and non-obvious in view of the prior art. This video has more detail on that:
ua-cam.com/video/n3P6FsviqDQ/v-deo.html However, business methods and abstract ideas can be difficult to patent.
Would I be able to patent a musical innovation? For example, a completely new novel and innovative method of creating music that has never been done by NOBODY before that could inspire a whole future generation
It depends on the specifics of how it's implemented. If it's done on a computer like all the AI music generation program that are coming out, then it might be, but if it's a way of people creating music, it might be harder to patent and could be rejected as being an abstract idea. I would suggest talking with a patent attorney about the specifics to get a proper analysis: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Amazing video! thanks for the content
Thanks, Sabrina! I appreciate it.
Very helpful thanks!
Thanks!
I have a framed out invention well idea and I don't want anyone to steel it looking for someone to network with that may work with me to try and get funding what I'm talking about will change the country forever so I need some incentive minded people that I can work with
what would a utube channel fall under
Copyright would protect the videos themselves. Trademark could protect the branding of a channel in relation to specific goods and services. For example, the channel name, logos etc.
Do you have an email? We have an idea about something to patent but aren't sure if it's patentable. Brand new subscribers, have zero clue what to do about reaching out to a manufacturer about possible mass production???
Thanks so much for considering me to help you with your idea! Unfortunately, I’m not taking on new clients at this time.
For beginners!
Exactly! This video is great for beginner who are new to patents and the patent process. Thanks for watching!
@@PatentsDemystified Appreciate the information counselor.👍
Awesome Video*
Thanks!
im like dirt poor i have no way to afford a patient
You’re not alone in that. That’s why most folks bring on investors to fund patents and other business growth.
A DOLLAR SIGN IN A HEARTDRAWING??? 5:34
Dollar sign in a heart drawing?
Until your patent lawyer steals your ideas 🎉
Patent attorneys won’t steal an idea. This video explains why: Patent Attorneys Stealing Invention Ideas: The Real Truth
ua-cam.com/video/pXEa8XRFJ7o/v-deo.html
I spy 48 Laws of pawer on the Shelf!
Yup, I love that book. Have you read it?
Hi,
How are you?
Are u looking for a professional and attractive UA-cam thumbnail designer?
Ccp does not respect patents
Thanks for your comment. Could you expand on this? How does the CCP not respect patents?
This is the most redundant thing i've ever heard. Is your audience just coming into existence yesterday??
I would hope if you're looking too patent something you know what a patent is
This may seem obvious to you, but most folks don't know anything about patents and they find this basic and introductory content to be extremely valuable. Folks who are looking to patent something typically start here to learn what a patent is for the first time. Thanks for your comment.
what about an energy drink idea ? a patent for the name or brand ?
I have a full video on protecting brand names and logos here: ua-cam.com/video/LY0JrH7mY2I/v-deo.html This would apply to an energy drink idea.