How to Protect Your Invention Idea

[@PatentsDemystified]

Want more videos on patents, inventing and startups? Check out this playlist with all my videos on these topics: kzbin.info/aero/PLp15JXznBjPW-J3hNhX1zYoOm1mQzVeMo The playlist and my channel include the following videos and MANY more: How to Patent An Invention Idea: kzbin.info/www/bejne/rHaremCdmrWlbqM The International Patent Process: kzbin.info/www/bejne/l363aKyHrNNpb8U How to Know if Your Idea is Already Patented: kzbin.info/www/bejne/eZ7CZH2nj8x_fM0 How to Lookup Patents: kzbin.info/www/bejne/ZmG8hoJ3lt6HpK8 The Best Way to Protect Invention Ideas: kzbin.info/www/bejne/e57CpomHZtZ_jrs What Are Patent CLAIMS? : kzbin.info/www/bejne/Zn7RlqKmib2La7s Top 5 Startup Patent Mistakes: kzbin.info/www/bejne/aJvQlGWuqtyJmLM Prior Art Definition / What is prior art? : kzbin.info/www/bejne/Y2q2dK1ph5udatU What is a Patent and How Does it Work? : kzbin.info/www/bejne/p4vEgquEosigbqc What is the best patent strategy? kzbin.info/www/bejne/sHTFdq1pdrCJpac Why You DON'T Need A Patent Search [TOP 5]: kzbin.info/www/bejne/j3PCaqhrqt2WnKM Top 5 Hidden Patent Benefits: kzbin.info/www/bejne/qIfFd4qdpK5shtU Top 5 Patent Infringement Mistakes: kzbin.info/www/bejne/bpuviWmrituIiJY Guide to The Patent Examination Process: kzbin.info/www/bejne/inqZeoyupJyjpqM Top 5 Patent and Startup SCAMS: kzbin.info/www/bejne/nZelmmZrd96taKM Guide to Understanding Patent Numbers: kzbin.info/www/bejne/fX-7o4JopsRjr68

[@keithharo5281]

A lot of info. in 14 minutes. Thanks for sharing. I'll be back. Mentioning the "1 year rule" would help people to better understand "the potential of losing of their patent filing rights".

[@PatentsDemystified]

Thanks, Keith. I appreciate it!

[@AJflusher279]

Very informative and easy to follow. Knowledge is power, the sooner you act the better it gets.

[@PatentsDemystified]

Thanks! Very true.

[@SiyabulelaMateta-n6s]

I love what you are saying and it helps a lot. My worry is what if after filing a provisional patent, the investor I consult tries to block and buy the patent officer to refusing issuing me the non provisional patent and then steal my idea.

[@PatentsDemystified]

This sounds like an interesting plot for a movie, but is so absurdly unlikely to happen in real life that I would not be worried about something like this happening (at least in the US). There are way more important issues to be concerned about than something like this.

[@SiyabulelaMateta-n6s]

@PatentsDemystified So in other words, you don't know how you'd handle that. There are brutal business people in the world, including the US. I wasn't asking about the likelihood of that happening, I am asking how to handle if it happens.

[@johncrawford6799]

You help me out a lot I may need your services

[@haroldwestrich3312]

I love your "Almost Imperceivable ZOOM" ! ! ! amazing what effect it has without the viewer even knowing it! ! !

[@PatentsDemystified]

Awwww. Thanks for noticing. A little slow zoom adds a bit of subtle energy to the frame to help keep folks engaged - at least that's the idea. :)

[@xGAMER_chimpX]

Thanks for the info 👍

[@kevincampbell9042]

Your talk was informative 👏 to my ignorance of the subject matter. Thank You! I will describe.

[@PatentsDemystified]

Thanks, Kevin. I appreciate it.

[@MikeCossell]

Thank you🎉

[@antextra300]

I thought there was a 1 year grace in the USA from time of disclosure or offer for sale? If I can make the mvp and offer it for sale then sell to get the funds for a patent, before the year is up. Correct?

[@PatentsDemystified]

Yes, that's correct, the US gives you a one year grace period from making public disclosures, public uses or offers for sale of the invention. However, in most foreign jurisdictions, you immediately lose patent rights upon a first public disclosure, public use or offer for sale. That's why it's best practice to not take advantage of the one year grace period that the US provides. Even for folks who may not be thinking about foreign protection initially, it's good to keep the option open because that can make all the difference later on in attracting certain inventors, partners, etc. I've see it happen frequently where folks initially say they definitely don't want or need foreign protection, only for them to miss out on a good investment or partnership opportunity because they had already forfeited foreign patent rights.

[@justinwilliam5693]

Hi Dylan does your book cover how to patenting both designs and idea that would go hand in hand with one another? Thanks for the informational videos

[@PatentsDemystified]

Thanks! Glad you have been enjoying the videos. Also, yes, pages 12-16 of Patents Demystified discuss design and utility patents and how one or both can fit into protecting products. The focus of the book is on utility patent applications since that process is much more complicated and difficult than design patent applications. You can pick up a copy of my book here: amzn.to/3InwQH6

[@philipford1447]

Great video and info!!! I have a great idea that I know would be great and useful to a commercial industry. I don't have alot of money. How do you start with little money but a great idea???

[@PatentsDemystified]

It's definitely possible to get started with little money, but it depends on the specifics of the product and your business plan. For example, some inventions can be licensed to companies with relatively low initial investment. I suggest reading Stephen Key's "One Simple Idea" to learn if your invention is they type that can be licensed, and if so, how to actually get a licensing deal. Alternatively, if you are looking to develop your own company, it may be necessary to find investors. If you are able to pitch the business in the right way, you can get the capital you need to get the business going. This can be done with relatively low upfront cost.

[@RoyXane]

What if there are several patentable objects contained in one patentable object? Do I need patents for every one of them, or is there such as an Ubrella patent for a particular object which protects all of them?

[@PatentsDemystified]

Great question! It depends on the specifics of the invention(s). You can put anything you want into the text and drawings of a patent application, but you are only allowed to claim one "invention" per application and the Examiner may restrict out claims to certain "inventions" and require you to file them in a separate divisional application. However, for many inventions, you can claim the subject matter such that all the important patentable objects are covered in the claims of a single application without a restriction requirement being triggered. Again, totally depends on the specifics of the technology and also on the Examiner you get.

[@drojasmusic]

Hi! Great video. How do you publish your provisional patent application? Is there a particular publication where you can send your provisional patent to make it more easily searchable for patent examiners or patent lawyers?

[@PatentsDemystified]

Not that I'm aware of. Folks typically prefer to keep their provisional applications secret and just claim "patent pending" status, which creates more uncertainty in the market as to what's actually being patented, which can be very beneficial. As as far as making the provisional public so that it can be used as prior art against others before the publication of the non-provisional that will come from it, you could publish it on a blog or website or something, but there is no guarantee that anyone will be able to find it. Folks may be more likely to find it if you have an product or business and published it on the company or product website though. Also, any public disclosure of technology can be used as prior art against others, so making a KZbin video disclosing the technology could be good way create prior art and KZbin can be pretty search friendly. 95% of what patent Examiners cite as prior art in examination is issued patents or published patent applications, but when they cite non-patent literature, it's not uncommon to cite KZbin videos as prior art, but website or blog publications less so.

[@jselectronics8215]

Dylan, lone wolf here with a track record in my field, but no patents. I'm working on the next thing, can't hide it in software or encapsulated circuits, so I'm considering filing a provisional to gauge the market. I doubt it would produce more than $100k profit per year. Is there any point in spending the cash on a non provisional if you can't afford to defend it in court? What would be the minimum amount required to support a defense against a determined company in the automotive aftermarket?

[@PatentsDemystified]

It depends on your business plan with the product, but if enforcing a patent in court would be the only way you intend to benefit from a patent, then it almost certainly wouldn't make sese for you and most companies given that patent lawsuits typically cost hundreds of thousands of dollars if not into the millions. That being said, enforcement is typically one of the last and least likely ways that folks get value out of patents, and the ROI typically comes from positive marketing benefits along with passive deterrence and patent blocking. This video has more detail on these often overlooked and major benefits of patents that their value is actually derived from: kzbin.info/www/bejne/qIfFd4qdpK5shtU

[@arookaboo9536]

Question: Prior art expired due to it's original non-provisional application date, note, the patent wasn't actually issued until 3 full years later, thus equaling the 20 years. In this scenario, there is 1 full year left in that issued date. So, the question then becomes... When is the best time to improve on any prior art without repercussion?

[@PatentsDemystified]

It's very fact-specific and depends on what the claims of the patent say and what the improvements are. If the improvements still read on the claims of the issued patent then infringement would be present and it's probably not a good idea to come out with the improved product until the patent expires. However, if the improvement does not read on the claims, you can probably go ahead anytime with the improved product since infringement would not be present. Even then, being confident of non-infringement does not guarantee that you won't be sued and knowing that infringement would be present does not guarantee that you will be sued. Also, keep in mind that this patent will always be be valid prior art against a later patent application, and if you want to patent the improvement, it would still need to be new and non-obvious over this and other prior art regardless of whether the prior art patent is still enforceable or not.

[@ademworthwent1168]

I just need a way to protect my invention, i dont have money..i will once i can get it into public for sale, i will have alot of money then..but it will never happen if i cant find a way to keep my invention mine

[@pulkitsharmapremiumvideos9252]

I have the same problem. Have you found a solution yet?

[@banuhaashim9539]

@Pulkit Sharma Premium Videos Is it a physical product or just business idea,?

[@antextra300]

I think in the US there is a 1 yr grace from public disclosure or offer for sale where u retain the right to a patent. If you can make the mvp, then make some sales to pay for the patent.... but I might be wrong, would love some more info from our host.

[@PatentsDemystified]

@@antextra300 Yes, that's correct, the US gives you a one year grace period from making public disclosures, public uses or offers for sale of the invention. However, in most foreign jurisdictions, you immediately lose patent rights upon a first public disclosure, public use or offer for sale. That's why it's best practice to not take advantage of the one year grace period that the US provides. Even for folks who may not be thinking about foreign protection initially, it's good to keep the option open because that can make all the difference later on in attracting certain inventors, partners, etc. I've see it happen frequently where folks initially say they definitely don't want or need foreign protection, only for them to miss out on a good investment or partnership opportunity because they had already forfeited foreign patent rights.

[@brunomayo2197]

@@PatentsDemystified Great, great video! Will filing a copyright help protect an idea before patenting it? What about electronic dates and times during the idea development process? Can the contents of certain emails help in the event of a dispute involving potential theft of an idea? Will the crowdfunding site be tangible proof of ownership? Thank you. I'm glad to learn that the US gives us a one year grace period from making public disclosures, public uses or offers for sale of the invention.

[@aquariuspeach5534]

Thanks so much for this advice!! 👑🙌🏾🙏🏾🔥🔥🔥💯💯💯

[@PatentsDemystified]

You bet. Thanks for watching!

[@gee3883]

I've an idea for a product my friends father made. He made a few and sold some to freinds and family but didn't patent it. He has since passed away and my friend has given me the go ahead to try and take it to market. Ive redesigned it and improved it. Would it be possible to file a PPA in my name or would I need to do any other legalities? thanks .

[@PatentsDemystified]

This might be tricky and you should consult a patent attorney about the details. The first issue is that there have already been some offers for sale of the product or similar product (and possibly public uses and public disclosures), which is likely prior art against a new patent application (see e.g., kzbin.info/www/bejne/pGSzZ3mpq86kerM , kzbin.info/www/bejne/Y2q2dK1ph5udatU) and you would want to see if it would even be patent-eligible in view of such activity and depending on the improvements you've made Also, depending on the circumstances, you might need to name your friend's father as an inventor on the patent application, which could really complicate things unless your friend is good with officially relinquishing the rights to the invention. Here is a list of US patent attorneys and agents that might be able to help you: oedci.uspto.gov/OEDCI/practitionerSearchEntry Also, if you want some tips on how to find the best patent attorney for your specific invention and business plan, I would suggest checking out this video: kzbin.info/www/bejne/j5XKopiKesalnqs

[@gee3883]

@@PatentsDemystified Man,thanks again for the detailed response. This feels like the planets are aligning, i'm sincerely grateful.

[@PatentsDemystified]

@gee3883 You bet. Glad to help.

[@arookaboo9536]

Excellent video, thank you.

[@brucevanbeek3133]

Thank you 😊 💓 Very helpful

[@MoniqueDixon-lm7wf]

Yes I've had some of experiences

[@bookey30]

What do you think of the big company inventhelp should I make a provisional patent before meeting with companies like that to protect myself they do have a statement of confidentiality and non use to sing but dose that hold up

[@PatentsDemystified]

I am NOT a fan of invention submission companies like this and they tend to be a scam or complete waste of money. For more detail on this check out this video on patent scams: kzbin.info/www/bejne/nZelmmZrd96taKM Companies like this will waste your money, but are unlikely to steal your idea. They just want your money - not your product idea. I wouldn't necessarily suggest a provisional before meeting with them. Provisionals are good before meeting with legit investors or before making public disclosures, public uses or offers for sale that would otherwise start to forfeit patent rights.

[@bookey30]

@@PatentsDemystified thanks 🙏🙏

[@PatentsDemystified]

You bet. Glad to help.

[@roosterq3209]

i have a patent that was issued in 2021 how do i get my product into patent peding status?

[@PatentsDemystified]

Patent pending status is when you have filed a provisional or non-provisional and the case is still active. If you already have an issued patent, you had patent pending status all the way up until your non-provisional issued as a patent. Why would you want patent pending status again?

[@carlosloko257]

Thanks you

[@PatentsDemystified]

You bet. Glad you found the video helpful.

[@fonwoolridge]

Interesting - thanks!

[@ferdiemenina1602]

Can you help me, I'm from Philippines, my invention idea has something to do with virus

[@PatentsDemystified]

Yes, glad to help. I would suggest talking with a patent attorney. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry

[@gingerrmariee_]

Is there someone i can hire or partner with that would know the legal ropes while i was on the more creative idea producing end

[@PatentsDemystified]

You definitely want to hire a patent attorney to help you with the patent process. However as far as generally hiring or partnering with someone to run the business side of things while you just create ideas, you need to be extremely careful. Most companies that say they provide a service like this are a complete scam and are just going to waste your money. Honestly, folks who are typically successful at bringing ideas to market need to also learn the business and legal side of things as well - especially at early stages. However, if you just want to focus on the creative side of things with minimal need to get into the business side of things, you might consider a business plan of licensing your ideas and inventions instead of producing them yourselves. I typically recommend my clients to read Stephen Key's "One Simple Idea" to learn how companies successful license ideas. It can be found here: amzn.to/3F3yL1A

[@KiranKumar-dq4gt]

Hello sir I am from India me create a invention i take india patent is use in world wide?

[@PatentsDemystified]

Patents in a given country only provide protection in that country, so an Indian patent will only provide protection in India and not worldwide. However, an Indian patent application would likely preserve the option to file an international patent application (PCT) or national phase applications in specific countries within a year. I would suggest talking with a local Indian patent attorney regarding the specifics of your situation an applicable law.

[@Akniht]

Timestampin and patterning normally works depends on your line of work And saving any ideas keeping a Copy source elsewhere always helps from them critters ❤ Passwords or logs of your works Creators are the best From fellow inventors ❤

[@nateyacapin4321]

If you have a the invention but you don’t offer it for sale. But you take donations is that a grey area that would be accepted or does that constitute as a sale?

[@PatentsDemystified]

That's a fascinating question and I'm not aware of specific case law one way or the other. However, I think it would depend on how you ask for the donations. For example, if it's implied that someone should at least pay something, then that would likely be considered equivalent to the product being on sale, even if a specific price is not set as an offer price. Also, depending on the situation, this could create issues with public uses and public disclosures. Regardless, I wouldn't recommend asking for donations to try to get around the on sale bar, even if it's a grey area. I would definitely suggest talking with your patent attorney if you have done this or are considering it to weigh the risks based on the details of what what you did or are planning to do since it's typically about the specifics of the given situation.

[@kerrenmckeeman4142]

Is explaining an idea in a closed company meeting qualified as public disclosure?

[@PatentsDemystified]

Typically, no. As long as there is at least implied confidentiality you should be fine. However if the disclosure could be construed as an offer for sale, it does not matter if it was private or public and patent rights can be forfeited.

[@SalamiOlusegun]

The patent right protection from USA does it cover immigrants or foreigners?

[@PatentsDemystified]

Yes, immigrants and foreigners can get us patents and it does not matter if they reside in the US or not. Also, immigrants and foreigners can infringe US patents, if that’s what you’re asking.

[@MRSTEEL15]

How can I hire you to file my patent paperwork?

[@PatentsDemystified]

Hi Rick, thanks for watching and for your interest in my practice. However, I'm unfortunately unable to accept new clients at this time. You can search for other patent attorneys who would be able to help you here: oedci.uspto.gov/OEDCI/practitionerSearchEntry

[@andrewducuruew8556]

A client requests a product to perform a particular task, and pays a deposit, the product is then invented. At the completion stage, can an inventor rightfully patient his invention prior to the delivery of the product?

[@PatentsDemystified]

It depends on the specific circumstances and jurisdiction(s) involved, but at least in the US, the inventors are the owners of the patent rights unless there is a specific agreement to assign the patent rights to a company or other party. Here, paying someone to develop and invent a product does not alone create an obligation to assign patent rights, so the inventor(s) could patent and own the invention unless there is a specific agreement to assign patent right. However, it also depends on what input the client provided to the developer and what the developer did. The client might actually be the inventor or could be considered a co-inventor and retain rights. Again, depends on the specific facts. I would suggest talking with your patent attorney about this since it's all about the details.

[@sxxydrds2121]

I would happy to hear from you about a company I’m working with…SUSPECT

[@PatentsDemystified]

Yea, you need to be careful about who you work with. There are a lot of patent and inventing scams out there.

[@alexandersands8447]

How much do toy charge for a 30 min phone call?

[@gilbertmartinez6538]

You said "Forfeited Patent rights unknowingly" ...Wait offering a sale of a provisional patent forfeits said patent?? thought it was security. Did you mean forfeit in a contract unknowingly??

[@PatentsDemystified]

Apologies if that was unclear. A public disclosure, public use or offer for sale only forfeits rights if you haven’t filed a patent application (either provisional or non-provisional). One of the main reasons to file a patent application in the first place is to be able to start safely making public disclosures, public uses and offers for sale. Thanks for the feedback and leaving a comment.

[@addisasfaw8074]

Who pay for reduction to practice ?

[@PatentsDemystified]

It depends on the product and business. For simple products the inventor(s) may pay for it themselves, but for complex products getting investors may be essential.

[@thehealthangelint]

Ineed help I've dealt with invention help I got people ready don't trust nowadays need help Willing to pay

[@PatentsDemystified]

I would suggest finding a good patent attorney to work with. A list of registered patent attorneys can be found here: oedci.uspto.gov/OEDCI/practitionerSearchEntry

[@TheVagb00b]

Why cant they make it easier to invent something ffs

[@PatentsDemystified]

Yea, it would be great if the process was simpler.

[@Dan0rioN]

Terrible advice smh... You tell 1 person you tell EVERYBODY & china don't give a damn about your patent

[@Milwaukeemoto]

Creepy scary looking and sounding host shouldn't be invited back

[@PatentsDemystified]

He’s definitely creepy and scary looking, but that’s why we like him. We will probably invite him back.

[@mihailamarcel5201]

I have an idea, is and i want to patent it, to be sure noone steels it, after i want to go to a specific company to propose or sell, idea is rdvolutionary, implementation costs money, that company could be interested but also could not! If patenting it doesnt cost much is not a big deal but if i must spend a lot of money.. I could just loose money!.. I want a permanent patent because that company coud say is not interested but use it!.. Its not an very large amount of info.. Whats your solution? In the end progress need people like us.. Thus it shouldnt be too complicated or costly

[@PatentsDemystified]

I would suggest filing a provisional patent application just before you are scheduled to approach a company. That’s how to keep cost/risk to a minimum.

[@mihailamarcel5201]

@@PatentsDemystified tahnk you.. Cant that company pretend that is not interested, to take that EVRIKA idea.. Implement gradualy, and after an year, two or five, and after patent expires they are ready to come into market...in I will feel stupid.. Its ar terrible feeling to know that you could be rich but you wasnt smart enough.. You know like in movie There will be blood, or that movie about the guy who imvented windshield cleaners to make an small pause when cleaning glass of the car while drivind, its called touch of god or smething like that, anyway recently became clear that patenting costs money, wich i cant afford, its not about 100 euro.. Its more(

[@mihailamarcel5201]

Found! The movie is called Flash of genius. I recomend

[@PatentsDemystified]

No, that's not how it works. If you file a US patent application, you get an early priority date that would be before the other implement the idea. If this application grants, you get a patent term of 20 years from the priority date. If you start with a provisional application, this effectively adds a year to this term. That being said, from your comments it sounds like this is an idea that is complex and difficult to implement. For ideas like this, value is not in the idea itself - it's in the implementation of the idea. If you are not able to implement a complex idea, at least in part, it's hard to get someone else to buy or license the idea. Also, patentability is typically in the specific details of how an idea is implemented and not just in the general idea, so you may not even have something that's patentable until these specific implementation details are fleshed out. This is very fact-specific so talk with your patent attorney given your specific idea.

[@PatentsDemystified]

Thanks. I've been meaning to watch this movie. Everybody always mentions it to me, but I'm yet to watch it.

[@Risingstartrans]

Hi. You forgot to say How much!!!!

[@PatentsDemystified]

The cost of the patent process varies widely depending on many factors such as complexity of the invention, difficulty in examination, and attorney you work with, so I don’t typically discuss cost. The range would be so large that it would not be valuable info, so I leave it out.

[@arookaboo9536]

Question: Prior art expired due to it's original non-provisional application date, note, the patent wasn't actually issued until 3 full years later, thus equaling the 20 years. In this scenario, there is 1 full year left in that issued date. So, the question then becomes... When is the best time to improve on any prior art without repercussion?

[@PatentsDemystified]

It's very fact-specific and depends on what the claims of the patent say and what the improvements are. If the improvements still read on the claims of the issued patent then infringement would be present and it's probably not a good idea to come out with the improved product until the patent expires. However, if the improvement does not read on the claims, you can probably go ahead anytime with the improved product since infringement would not be present. Even then, being confident of non-infringement does not guarantee that you won't be sued and knowing that infringement would be present does not guarantee that you will be sued. Also, keep in mind that this patent will always be be valid prior art against a later patent application, and if you want to patent the improvement, it would still need to be new and non-obvious over this and other prior art regardless of whether the prior art patent is still enforceable or not.