"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.