Do You Have to Build It Before You Patent?

(114) Applying for a patent might seem complicated, even overwhelming, but like most things, a bit of knowledge can go a long way toward making the process easier, or at least easier to understand. In this video, I answer a few questions submitted by people like you in the Comments section. These questions and their answers can take some of the mystery out of patents and start you on the path to considering one for your invention.
#patentapplication #patent #patentattorney
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This Channel provides ideas and education for Entrepreneurs and other Creative Visionaries. Topics in these videos include intellectual property, patents, trademarks, copyrights, trade secrets, licensing, and general business practices.
John Ferrell is a founder and patent attorney at the Silicon Valley law firm of Carr & Ferrell. The author of two books and a growing UA-cam channel on Intellectual Property, John’s passion for creating and protecting intellectual property is reflected in his representation of many of the world’s most important companies and inventors - some 5,000 so far. Founded in 1992, Carr & Ferrell has filed more than 10,000 patent applications covering nearly every imaginable technology.
Representative clients have included: 3Com, A10 Networks, Analogix, Apple Computer, Ariat, ASG Technologies, Atmel, Autodesk, Bank of America, Broadcom, Cadence, Canon, Caterpillar, Charles Schwab, Cirrus Logic, Cisco Systems, CSX, Dreamworks, Elasticsearch, Epson, Facebook, FireEye, Fonality, Fujitsu, Hewlett Packard, Hitachi, Icon Aircraft, IDEO, Intuit, Intuitive Surgical, KLA-Tencor, Knowles, Kodak, Lam Research, Lockheed, LSI Logic, Lucent, Marvell Technology, Mitsumi, Netgear, Olivetti, Oracle, PeopleSoft, Polycom, Philips, Plantronics, Princess Cruise Lines, Proofpoint, Rambus, Raytheon, Ricoh, Rohm Semiconductor, Ruckus Wireless, SDL, Seagate, Sega, Seiko Systems, Silver Peak, Sonos, Sony, Sun Microsystems, Sutter Health, Swagelok, Synnex, Synthetic Genomics, Technogym, The Ferrero Group, Trend Micro, Urban Outfitters, VIA Technologies, vArmour, Veritas, VMware, Wells Fargo, Western Digital, and Xilinx.
Distinguished by his demonstrated technical and legal expertise, John has been noted in the Silicon Valley Business Journal list of Who's Who in Silicon Valley and Northern California's Super Lawyers. He was also listed by the Los Angeles Daily Journal as one of California's top Rainmakers, by San Jose Magazine as one of Silicon Valley's top Legal Eagles, and by San Francisco Magazine as one of Northern California's top lawyers. Additionally, under his leadership, the firm has been recognized by Corporate Counsel Magazine as a Go to Law Firm for Intellectual Property. John has received an AV® Peer Review Rating from Martindale-Hubbell® (a representation of the highest level of professional excellence). Over the past three decades, John has presented on and spoken about patent and intellectual property issues, both legal and technology business forums around the globe.
In addition to practicing law, John is an active technology investor and member of The Band of Angels, Silicon Valley's oldest seed fund organization.
Please note that this Channel provides general legal and business information for education purposes only and is not intended to provide legal advice or create an Attorney-Client relationship. John Ferrell is admitted to practice law in California, before the USPTO (U.S. Patent and Trademark Office), before various U.S. Federal District and Appeals Courts and before the Supreme Court of the United States.
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If you wish to speak with an attorney about patents, call: 650 - 812 - 3408, send an email to [e-mail].
John Ferrell, Esq.
[e-mail]
Monopoly Architect, Patent Strategist, Attorney
Carr & Ferrell LLP
411 Borel Ave., Ste. 603
San Mateo, CA 94402

[@johnferrellesq.]

Speak With an Attorney: call 650 - 812 - 3408 or email [e-mail]
Send an email to [e-mail] to subscribe to our newsletter!

[@marufa66]

Very nice video sir

[@johnferrellesq.]

Thank you for the kind comment. I am so happy that you are finding these videos useful. I am curious what other types of videos you watch. Are there other entrepreneur topics I could address that you would be interested in watching? -john

[@AnjuwaraBegumiai]

P

[@cesarruizamador3120]

Hi John.
Thank you for this new video and for taking the time to clear up the doubts of those of us who follow your channel.
In my case, I already have a working prototype and it looks very similar to the description and drawings that I will include in the provisional patent application.
Do you think a short video of the prototype in action could be a better alternative than a sell sheet?
Again. Tank you.

[@johnferrellesq.]

I like the idea of sharing a 1 minute video as part of your sell sheet. The sell sheet should contain a photo or rendering of your product; but if the reader is interested, having link to a video (maybe a QR code on the sell sheet) could provide further engagement.
Thank you for the kind words. I make the videos to help the entrepreneur community and am so happy that you are finding value in these uploads. What are you currently working on - generally? Are there other videos you would be interested in watching? Warmest regards, -john

[@cesarruizamador3120]

@@johnferrellesq. I like the idea of the QR code as a link to the video. Thanks for that.
I currently work as a salesperson. That is, my job is not directly related to product development.
A few months ago I discovered the possibility of filing a provisional patent application online in the US, even though I live in another country.
I also discovered your channel and inventRight's channel and since then I have been working on perfecting one of my product ideas and also on my English skills, thinking about presenting my product to a US company in the future.
I really appreciate your willingness to help those who are just starting out.
Thank you so much.

[@johnferrellesq.]

@cesarruizamador3120 I hope you crush it with your new product! Best wishes, -john

[@lakshmanliyanage5844]

Thank you very much Sir 🎉🎉🎉🎉

[@johnferrellesq.]

Thank you for watching my videos and for the kind words. It’s so great to have you as part of our entrepreneur community. What kind of products do you work on? Please let me know if there are any other videos you would like to see me make. Warmest wishes. -john

[@kashavsharma5672]

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Good tgggggggv​@@johnferrellesq.

[@TROTS1]

Hi John, thank you for all your advice. I appreciate you!
One question:
I work at a metal fabrication shop and want this shop to build a proto-type of an idea (invention). I drew all the blue prints my self at home.
Should I get a patent prior to giving them the prints to make a proto-type? Or have some kind of written and signed agreement before giving the shop my prints?
Thanks in advance!
Respectfully,
Peter A. Scofield

[@johnferrellesq.]

Hi Peter,
Thank you so much for watching my video and for leaving your comment.
The concern I have with your situation is the potential for confusion over who owns your invention. Is this something that is completely owned by you or something that your employer might claim rights to based on the fact that it's related to your job, being fabricated in their shop and potentially designed while you were an employee at their company.
The correct answer to your question is very context and fact dependent as well as variable, depending on your employment agreement and the State that you're living in. Different states have different laws with respect to ownership rights as to inventions between employers and employees. Here are two UA-cam videos I made that talk about this issue in more detail. ua-cam.com/video/6pgTD3G9Fac/v-deo.html and ua-cam.com/video/Zj-53OiIPd8/v-deo.html.
If I were in your shoes, I probably would go to a different fabrication shop to have my invention built. This way there's no question as to who owns the idea.
I hope this helps. Good luck with your product!! -john

[@TROTS1]

@@johnferrellesq.
Thank you so much. I will hire a different fabrication shop. 👍