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"You Invent it, We protect it"
started airing September 8th with interesting expert guest hosts each
week. Below you can find the archived shows.
| Date |
Topic |
| December 15 |
Topic:
Favorite top ten patents: Weirdly patentable |
| December 08 |
Topic:
Nondisclosure Agreements: Are they worth the paper they're written
on? |
| December 01 |
Topic:
Litigation and Infringement |
| November 17 |
Topic:
Licensing/Assignments |
| November 10 |
Topic:
Trademarks: "You've Got Questions. We've Got Answers
|
| November 03 |
Topic:
Money Money Money |
| September 29 |
Topic:
Utility vs. Design patent, what is right for me? Episode
Description:
Depending on the merits and contents of the invention, a utility
patent application or a design application will
be recommended. Utility patent applications are for inventions
such as devices, products, compounds, and methods of making or
using something. Design patent applications are for products needing
protection for unique designs (aesthetic appearances).
Also, will discuss the "Provisional
Patent Application": What is it really and what
does it protect. Inventors need to be aware that marketing companies
and others may deceive inventors into thinking that the inventor
is getting a full fledged utility patent application when it is
only a provisional patent application. Will introduce the international
patent application which is the PCT (patent cooperation treaty)
application. |
| October 6 |
Topic:
The United States Patent and Trademark Office: What do they do?
Guest:
United States Patent and Trademark Office guest
Episode Description:
Focusing on the patent side, this episode will explain what and
how the United States Patent
and Trademark Office (USPTO) does from application
filing to allowance and issue of the application. We'll discuss
how applications are filed, How inventions are classified, and
the roles of various Patent Office examiners. We'll go over the
examination of patent applications, and after an application is
allowed discuss its issuance and publication, and if necessary
appealing within the USPTO. Finally, we'll go over patent interference,
or what if two or more parties argue over inventorship. |
| October 13 |
Topic:
Examination: What does the patent examiner do Guest:
A patent examiner
Episode Description: Examination of the application:
Generally, first come first served (examined). Determine whether
the invention contains something
eligible for a patent. Then, search prior art
which comprises published patents and applications and other literature
(books, articles, etc.) to see if the invention is already known.
If examiner finds something, issue Office action citing the prior
art. The invention must not only be novel but also non-obvious.
Applicants can reply to the Office action and argue with the Examiner.
If applicant persuades the examiner, the application is allowed.
If still rejected, then can appeal within the USPTO. |
| October 20 |
Topic:
The Office Action and the Waiting period Episode
Description:
After the patent application is filed, it is examined. If not
deemed allowable, then the patent examiner issues an Office action.
Will explain the common reasons that patent applications are rejected.
If rejected, what can the inventor and attorney do: file a response.
In responding, set forth arguments why the examiner is mistaken.
Also, in responding can make changes to the application, particularly
the claims. |
| October 27 |
Topic:
Money and costs Episode Description:
Preparing and filing a patent application is a complicated
process. The typical utility patent application
involves researching the invention and background. This is done
so that the application is set up to show why the invention is
novel and/or an improvement over what is already known. The patent
drawings need to be prepared by a professional draftsman to the
specifications set forth by the inventor and patent attorney.
Describe each aspect of the invention in detail. Each part of
the invention should be addressed and described in the written
description of the invention. This can be a lengthy process depending
on how many parts your invention utilizes and how. Finally, the
most important part of your invention is the claim section where
the invention is staking out its boundaries. All this takes many,
many hours. |
Archives Continued
| Date |
Topic |
| 9-22-05 |
Topic:
Yeah, But how do I know its not already patented? Episode
Description:
After developing an idea, it is time to enter the patenting
phase. Before investing in having a patent application
prepared and filed, it is beneficial to know whether it is patented
or not. For example, if already published in an issued patent
or in another body of work (book, magazine, etc.), your invention
is not patentable. It is better to find this out at the start
of the patenting process rather than at the end in order to save
money. How to find out if its been done already? A
patent search. There are different ways to conduct
a patent search: hand-searches, online searches, text searches,
and classification searches. Some of these searches do overlap.
Some of these are useful while some are not. Will address the
"It's not out there" and "I've never seen it before" so why isn't
patentable. |
| 9-15-05 |
"I've
Got an Idea Worth Millions. Who Do I Trust?" Episode
Description:
You have a great idea so you ask yourself, "What can I do with
it and who can I trust for advice"? This show will inform the
listener about where to start the process and the best way to
do so. Namely, contact a registered patent attorney. Lawyers are
trustworthy because they are ethically bound by their law licenses
to keep confidential client information from the public. With
inventions and ideas, an "invention
disclosure form" allows the Law Office of Steven
B. Leavitt to perform an initial review of your idea for patentability.
Also to be discussed are non-disclosure agreements and whether
they are worth the paper they are written on. We will also talk
about sales scams preying on inventors. |
| 9-8-05 |
John
Pemberton: Intellectual Property - What Is It? Guest:
John Pemberton
Episode Description:
Discuss what patents, trademarks, copyrights, and trade secrets
are. What are their differences?
Patents protect inventions: devices,
products, compounds, and methods. Also, there is a type of patent
called a "Design Patent" that protects the aesthetics of a product--the
way something looks.
Trademarks protect names, slogans, logos, designs, and more. A
trademark does not actually represent a product but instead represents
the manufacturer.
Copyrights protect works of authorship that are fixed in a touchable,
solid (tangible) medium. These include writings, works of art
(paintings, sculptures, etc.), pictures, movies, and more.
Trade secrets
are just that: secrets. When something may not be patentable or
when it may not be in the best interest to reveal something in
a patent (e.g., formula for Coca Cola ®), a company or individual
may keep something a secret. Non-Disclosure Agreements may be
use to bind others to keeping something secret. A well developed
body of law has been developed to help recognize what a trade
secret is and how it can be protected. |
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