Intro to Patents for Startups | Tech Equity Hub Patent Talk

[@zurichsee706]

Best video I've seen on patents and IP for entrepreneurs!

[@PatentsDemystified]

Thanks! I appreciate it.

[@justinmosley8638]

Beautiful work! Well done, Good Sir!

[@PatentsDemystified]

Thanks! I appreciate it.

[@curtisfarrington2892]

Thank you Dylan for all the great information and knowledge that you shared in this video.

[@PatentsDemystified]

Thanks, Curtis. I appreciate it.

[@Spaceshirmp]

Awesome video, thanks for this information!!

[@PatentsDemystified]

Thanks!

[@GarryEWright]

Thank you, Dylan, this was very helpful.

[@PatentsDemystified]

Thanks!

[@thevascularguy]

Fantastic explanation! I have a question, not sure if you could answer it. If I combined multiple expired patents in one particular industry and combined those expired patents in one design and apply It to a unique application to a completely different industry. Would that be worth pursuing a patent?

[@PatentsDemystified]

Possibly, but the answer depends on the specifics. All these patents would be prior art against your new invention, so it would need to be new and non-obvious in view of these expired patents and any other relevant prior art. Obviousness is likely going to be the tricky part. Check out some of my other videos on obviousness, which help describe what this means and it might also help to run it by a patent attorney.

[@AndreSBonotto]

Very interesting video. Thank you for sharing it Dylan! What if I have a startup and I am using a no-code platform (no line of code at all) to create a Web app to validate it first that can be used globally? (before putting it for sale, instead offering months for free to my early adopters) Would I have any sort of protection that I could seek? Thank you in advance.

[@PatentsDemystified]

It depends on the specifics of what you are doing as to whether your web app would be patentable, but the best way to make sure that anything that could be patentable is covered is to file a provisional patent application. Be sure to do this before making any public disclosures, public uses or offers for sale of the technology to prevent patent rights from being lost. At the very least, a provisional application gives you the positive optics of being able to say you are "patent pending" and gets you an early priority date for anything that might be patentable about your web app.

[@AndreSBonotto]

@@PatentsDemystified Thank you Dylan! And would you strongly recommend having a patent attorney for drafting the provisional patent application? Or if I have detailed flowcharts, and screen design examples, would that be enough?

[@PatentsDemystified]

For a computer/software invention like this, I would definitely suggest working with a patent attorney. For this subject matter, having the right details is really critical; otherwise, your provisional patent application will be effectively worthless and not provide you with a viable priority date. That being said, you want to keep early patent costs as low as possible, and my suggestion is to work with a patent attorney who can guide you in drafting a suitable invention disclosure that can then be scrubbed, formatted, and filed as a provisional patent application. That's where I find the best ROI while keeping costs as low as possible early on. Also, talking with a patent attorney can be helpful for determining what may be patentable about your web app and the chances for a patent application to eventually be granted. This can help with focusing your effort on drafting your invention disclosure to have lots of detail on what's important for patentability and less time on thing that won't really help that much.

[@GielKgamane-s7m]

Thank you for the great video.

[@PatentsDemystified]

Thanks!

[@gee3883]

Great content. Learnt a lot cheers.

[@PatentsDemystified]

Thanks! Glad it was helpful!

[@GregoryPLoomis]

My invention is the shape of a sphere. But inside the sphere it works different than anything else out there. Would I need to file a utility and design patent ? Or somehow combine the 2? And during my early stages of developing my prototype, should I just get a provisional patent during the first few phases? Before launching the product to even see if people will buy it?

[@PatentsDemystified]

For design and/or utility, it depends on the specifics and you should have a patent attorney consult on it. Sometimes it's one or the other and sometimes you need both to effectively protect the product. Also, yes, a provisional is the best way to go and file just before you are ready to make public disclosures, public uses or offers for sale. This video has more detail on when the best time to file your provisional is: kzbin.info/www/bejne/oZjYl2aCodGKa5o

[@GregoryPLoomis]

@@PatentsDemystified ok thank you for the help! New subscriber!

[@PatentsDemystified]

@GregoryPLoomis Thanks!

[@zurichsee706]

Could you please make a video explaining what an entrepreneur would take care of when quitting his job from a firm? In my case I quit one year ago but in my contract says that I am not allowed to work for a competitor in 3 years. Is it a good idea to patent something related to this company in these years?

[@PatentsDemystified]

Good idea. I'll put that on my list of new videos to make. Regarding patenting something related to this company, it's going to be very fact specific depending on the specific language of the contract and what your business plan is with the technology. You might be free to do what you want now or you might be extremely limited and it would be best to wait. I would suggest talking with a local attorney who deals with employment contracts with non-compete clauses like this. Depending on the jurisdiction, some non-compete terms might not be enforceable.

[@zurichsee706]

@@PatentsDemystified That's what I was told, that non-compete terms are not enforceable for looking for a job by a competitor. But when patents are involved it could be different. Thank you very much for your valuable work.

[@itsmisterchris]

Thumbs up. Thnk u

[@PatentsDemystified]

Thanks!

[@mohan1519]

non-provisional self-filing is pretty cheap for micro-entity

[@13thbiosphere]

If I have an Australian patent it should not be possible for you to file the same patent in USA .... however the enforcement is a different subject

[@PatentsDemystified]

It depends on the specifics of your situation and timeline. It may still be possible to file a patent application in the US using the Australian application for priority, but waiting too long does forfeit your rights in the US. Double check with your patent attorney.

[@13thbiosphere]

@@PatentsDemystified if I have an Australian patent I have a right to sell a product anywhere in the world, but it's certain jurisdictions it can be stolen and modified but they can't prosecute

[@PatentsDemystified]

That's not quite how it works. Assuming Australia is like the US a patent is a negative right that allows you to exclude others from practicing the claimed invention and does not actually give you the right to practice the invention in Australia or any other jurisdiction (This video describes this in more detail kzbin.info/www/bejne/b6HKi2qNmrmimKc). For example, in some jurisdictions, including Australia, someone else might have a base patent (e.g., that claims elements ABC) and you have and improvement patent (ABC+D). You would not be able to practice your own invention because earlier patent on ABC still covers what you are doing, but you could still exclude others from practicing the improvement ABC+D, including the owner of the earlier patent on ABC.

[@13thbiosphere]

​@@PatentsDemystified depending on the jurisdiction, if I have an Australian patent I can protect it within Australia but not America but I can sell in America without having an American patent

[@PatentsDemystified]

If you have an Australian patent you can exclude others from from manufacturing, using or selling your invention in Australia without your permission, but an Australian patent does not let you similarly exclude others in the United States. It's true that a US patent is not required to sell a product and having a patent does not grant you the right to sell something covered by the patent.

[@MrPrush-ji4gs]

8:40 that product design has to be a joke hahaha

[@PatentsDemystified]

Yea, I love that drawing. It actually comes from a real patent. I think it’s a tube used to breathe “clean” air in case there is a fire and the room is filled with smoke. The only issue is that you would be huffing straight sewer fumes, which would be horrendous.

[@laszlocsorba5753]

Slow down!!! You speak very quickly.

[@No-IX]

So we're just gonna skip over the toilet straw? Aight.

[@PatentsDemystified]

Yea, everyone always asks about the toilet straw. It’s from an actual patent.