Filing a Patent
HTML-код
- Опубликовано: 17 апр 2016
- Stephen Key, cofounder of inventRight, discusses when to file for a patent and why you should file a provisional patent application first instead. Years ago, when Stephen had a big idea, he rushed to file two patents out of fear. Later on, he realized he had filed them too early and they were worthless. Here he gives tips on intellectual property from a business perspective. Stephen successfully protected his intellectual property in Federal Court against one of the biggest toy companies in the world.
Stephen's latest book is "Sell Your Ideas With or Without a Patent." Buy it here: amzn.to/1WbqQCA.
inventRight is a one-on-one coaching program that helps people license their ideas founded by Stephen Key and Andrew Krauss in 2001. Visit www.inventright.com for more information and to become their student.
Call #1-800-701-7993 to set up an appointment with Andrew or another member of the inventRight team to discuss how they can help you license your ideas.
Wonderful video of information Stephen! Thank you for sharing and explaining so well.
+Susan Martenson thanks for watching!
Thank you for this great advice regarding provisional patents! I like the deep breath! 😃❤
Kudos for this clip with such valuable information.
The process of crafting a valid PPA help us, as people that want to sell our idea, a path way to understand our uniqueness and position in the market. I LOVE IT !
To reinforce what you said Stephen,
We do need to recall that RUclips was sold to Google without ANY patents nor PPA for its "technology.
It was in the right time/place and people wanted to pour their money ;)
Thanks again,
Eylon Mogilner
Thank you. This is very informative.
A lot of good info. Voice of experience. Thank you.
Thanks for watching, David!
Excellent information. Thank you, my friend! - Kirk
Big help! Thank you
such a great video. thanks for your help
You're welcome!
How to write a provisional patent application that has value in the marketplace: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#918211552700
Read licensing expert Stephen Key's latest article about intellectual property strategy for Forbes: "Don't File That Patent Yet. File A Provisional Patent Application First."
www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first/#78243c6857fe
Great video!
I am contacting your school for a consultation, can't believe this can be done so affordably, I had a great idea for licensing for 9 years now, couldn't move forward with it because I thought I had to spend $4000+ to patent it, and even those "patent companies" that supposedly help you never mention anything about this process being so affordable, they charge thousands for their service!
Danny Kundzinsh what if you're trying to manufacture the product yourself and bring it to Market yourself
Stephen is now contributing to Forbes about intellectual property strategy. Read his first article, "In Today's Market, Do Patents Even Matter?"
www.forbes.com/sites/stephenkey/2017/11/13/in-todays-market-do-patents-even-matter/#564989a356f3
I like!! Awesome background!!
Thank you!
Cool explanation
Great video Stephen, thank you.
Question: Let's say that you file a PPA and sometime later you take your prototype to a potential manufacturer for licensing. You also start showing your device on your website, youtube, etc. Since someone could have filed a PPA on a similar invention a year before you did, would the fact that you have shown your device be considered prior art to the other party if they decide to file a patent after you show your device?
It just so happens that I shared my idea with my wife before filing my PPA. Lets say she has shared that idea with her family and if they in turn share it with others, it could already be a PPA.
Good video Stephen
Thank you
I signed up for a phone call on tuesday ! Really looking forward to it Andrew. I just paid 250 for a inventor expert to file a ppa for me . Had a meeting with him for 3 hrs today says he knows you .
+Tanker truck Scott We're glad to hear that!
Thank you for the video. May I get you advice on something please? I found a picture on line however it is from Japan however, I can't find anything on the name or a patent for it anywhere. Also you mentioned we don't have to have claims, do we just leave that part out? Thank you for your time
Thank you so much for this video , could you please share link to guide us to file PPA with example ..
+Mohammed Ali Ahmed Stephen's latest book Sell Your Ideas With or Without a Patent teaches how to file a PPA yourself: amzn.to/1Veu7lK.
hello, been following your videos, I like them, my question is do you have a sample step by step provisional patent video we can learn from?
Hello Hade. Stephen's book "Sell Your Ideas With or Without a Patent" has the information you need: www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/
Fantastic video! Thank you for sharing!...I have a question.. If we have simple ideas, for example a pet clothing outfit, would that require even a provisional patent? is it dangerous to send a sell sheet without a provisonal patent or any protection if it is a simple idea?
+Chloe Lane When he was starting out, Stephen licensed very simple ideas without any intellectual property. He worked with companies that had good relationships with inventors, companies that depended on them, so there was an incentive to maintain relationships. Patents were not very important. So the question of 'dangerous' is an interesting way to put it. It's more conservative to file a PPA but maybe not necessary. It's your call. Form a strategy. And please remember: This is not legal advice, and we are not lawyers. All these subjects and more covered in Stephen's book about IP, Sell Your Ideas With or Without a Patent: amzn.to/1pcX6rV.
Thank you very much, Stephen. it was very encouraging and useful video.
Recently one of my inventions got an Innovation Grant certificate from IP Australia. I have contacted a company regarding this, but i am a bit scared to upload my invention/idea to them on their website. any suggetions, please.
John, do you live in Australia? FYI, Stephen will be speaking on the East Coast next week! www.newcastle.edu.au/industry/enterprise-innovation/entrepreneurial-speaker
Hi, love the inventright group, you guys have been so helpful. I have multiple products and am kind of stuck. I am wondering how to write a provisional patent, there is barely anything out there on that. And are they written in the same manner in both US and Canada? and does it matter which country I file in?
Glad you asked! Stephen published an entire book about how to write a provisional patent application that is actually worth something: www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733. It's a deep dive!
Thanks Andrew!
Do you have an example of the embedded fonts that are supposed to be used? I know Ariel is one of them.
thank you I'll do both. I really do appreciate it.
There is also "Patent Scope" source on WIPO ,World Intellectual Property Organization, In order to search for patents.
+Cyrus2569 Thank you for sharing.
I paid a company to do the patent research on two electronic products they come clean how contact a company ti sale or license i have no idea .i did the. Prototypes and i did the provisional patent thank you
Hi Israel. If you're new to the process of licensing an idea, we highly recommend that you check out Stephen's bestselling book "One Simple Idea": www.amazon.com/One-Simple-Idea-Revised-Expanded/dp/1259589676. It explains step-by-step how to reach out to companies that will want to license your idea. We also have many more videos and articles on the process of licensing an idea. For example, check out Andrew's video on how to make a list of companies to contact: ruclips.net/video/6V0wE90DdhY/видео.html. Thank you for watching and don't hesitate to contact us for more help: www.inventright.com/contact.
Kind of a weird question.
First off, note I actually have patents and am in the licensing process on one now "fingers crossed".
Yet one thing I sort of wondered is with provisional patents, those aren't published online. In fact for patents provisional or non pending, it's almost impossible to even find any info on them.
So say I have a really big idea I came up with recently "oh hey I actually do" and I want to go into a process on that idea of filing a provisional, completing a prototype and making a pitch deck on it to license. What exactly ensures safety no one is currently patenting and making a similar product who's maybe six months ahead of me?
I'm aware with licensing deals from doing one now with not all the patents filed granted that most companies just reduce royalties in the event of it not being granted, but what about just something else already being in R&D?
Have you ever had this problem?
Nothing can ensure that - risk is an inherent part of the game. It's now first to file not first to invent. There are almost always workarounds.
+inventRightTV
It does sort of suck though that nothing provisional really ever gets published and the patent office can technically deny patents that were expired provisionals as a reason to not grant another patent.
Granted... I've read the patent office is likely not hard working enough to really check that much,
I understand everything you're saying I'm not afraid of anything I definitely want a provisional patent. But I want to manufacture the product myself. All you talked about his other companies that want to license your product for them to manufacture and Retail what about doing it yourself
Hi Michael. Our expertise is in licensing. FYI, please know we are not attorneys and thus cannot give legal advice. If you want to go into business for yourself, filing strong intellectual property should be one component of your business strategy. Stephen recently began writing about intellectual property strategy for Forbes. In his latest article, he explains how businesses can survive in a copycat world: www.forbes.com/sites/stephenkey/2017/12/20/how-to-survive-in-a-copycat-world/#7c8f8dae6b6b. Thanks for watching and please contact us with any additional questions you may have. If you like our advice, check out Stephen's book for startup entrepreneurs: www.amazon.com/One-Simple-Idea-Startups-Entrepreneurs/dp/0071800441.
Hi Steve. I'm sorry I have a question not regarding this video. I hope you can answer. when sending an NDA to a freelancer online, should I receive the NDA back with their signature typed or signed via fax or mailed? thank you for your time. it was good to see you in Houston Texas!
+Johnny Cisneros Electronic signatures are as valid as printed ones. See here: www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html. Thanks for watching and coming out!
Hi Stephen,
Thx for the informative video.
If I have multiple variations of my idea(design), do I need to file several PPA's(one for each design) or one PPA can cover all.?
Also, If I live in another country and filling PPA in USA, I will approach companies based in USA to sell my ideas. If accepted, I will get royalties for all geographies where my idea is implemented. Is this correct?
Hi Paras. Smart questions. Good PPAs include variations - so yes, you can and should include multiple variations in the same PPA. Each contract is different, but most companies want a worldwide exclusive if they can get it. You could negotiate that the contract applies to all future IP (like say you apply for an international patent) as well. When it comes to intellectual property and negotiating, the short answer is nothing is black and white! Feel free to set up a call with us to discuss more: inventright.com/consultation.
Thx ..I have read your book -one simple idea and have some ideas that I am working on..will be in touch as things progress..
Thank you so much for sharing your knowledge freely. You're making good karma that will come back to you 10-fold.
+Scott Wolford We hope so - you're welcome.
What are the advantages to a patent over just going straight to building and marketing your product?
We're of the mindset intellectual property needs to be factored into one's go-to-market strategy. Simply getting a patent isn't a strategy in and of itself. For more on our thoughts about intellectual property strategy, please check out our licensing library: www.inventright.com/help/licensing-library.
Great video. I really would like to talk with you. I'm working in wisconsin right now and just really need some help. Thank you for your time.
Hello Jeremy!
Feel free to contact us, by setting an appointment through our online calendar: www.inventright.com/contact
Once you have your appointment booked, we’ll call you at the time you have scheduled and will help you go through what you are trying to do.
Or if you prefer, you can call us directly at +1-650-793-1477. However if you just call us, there is a good chance we'll be on the line helping a student when you call. So if we don't pick up, feel free to leave a voice mail and we'll get back to you quickly.
Thank you for watching!
HI Stephen. I am about to file my provisional patent. What do you think about using a company like Quirky after I've done so?
+Platinum Rose Quirky is defunct at the moment, we believe, but formerly the site had some benefits, particularly if you don't have the time/desire to try to bring your idea to market yourself. Stephen wrote about them here: www.entrepreneur.com/article/239171. What about Quirky/companies like Quirky appeals to you? Let us know if you have more questions.
Do I need to include all possible types of material in the PPA .?
+popeye1066 if you have information... Absolutely! Thanks for watching!
so lets say - you have an idea , the item I would want built I have never seen on the market ( but if it was it would be out in plain view everyday ) , I file for a provisional patent - take my idea and get a company to sign an agreement ( licensing ) BUT I never did a search ? what if the item was out there but for some goofy reason 1 in 1000000 chances it is out there - then what could happen ..My concern is with all the spying on people thru google and facebook / cell phones etc They see what I am searching for or watching what I am doing and jump the gun on me and steal my idea? Thanks for the video - it was the most helpful so far on the youtube
What do you think a reasonable price would be from an attorney to review and revise a well written provisional by a non-attorney?
+Andrew Klein about 300 dollars. Thanks for watching!
+Andrew Klein More on how to save money when working with a patent attorney here: www.entrepreneur.com/article/229315.
Hey Stephen, I have a question. if I were to file a ppa, create a sell sheet and license my product.. would it then be their product or would I still have rights to it? and can you license to multiple companies? for instance if I have a tool idea and try to license to kobalt.. and they put their name kobalt on it.. then could I do the same with craftsman?
Hello Trevor!
Licensing is essentially renting out your idea: www.inc.com/stephen-key/get-in-the-game-what-licensing-can-do-for-you.html. So if a company decides to license your idea, they can brand it and market it any way they want, within the terms established by the agreement you both go into.
There is a possibility, of licensing to more than one company, but it isn't something that happens too often. For more on this, check out our Inc. article on licensing to more than one company: www.inc.com/stephen-key/how-to-license-an-idea-to-more-than-one-company.html.
Thank you for watching!
so with 20 patents, can one assume you're making an obscene amount of money with royalties piling in?
One question, could you either produce a video on something perhaps only related to the patents? And that is how to track that royalties are being paid properly. How is the tracking and accounting done for this? How can one tell that a company isn't cheating you by claiming they have made e.g. 100.000 units of your patented product idea, and you get paid for 10k, but in reality they have 100.00 units and only paid you for 10.000. How is this audited?
AlternativeDesign100 good question. Did u get an answer?
The law changed right after you posted this video . Now it’s first to file , is a provisional patent even worth spending the money on now . Because if I file a provisional but don’t file a non provisional and some else does file my idea as their own and beat me to the office with their non provisional, do I loose out on protecting my idea ? I have a utility patent but haven’t made any money from it yet but have many other ideas that are very marketable
A provisional patent application is an affordable way of being able to label your invention patent pending for a year as you further research the market: www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first
No matter how good you think your product is it doesn't exist if you don't have a brand to back it up. this guy is leaving a lot of things out.
I need your help. I have an idea but like you've said over and over, I'm overwhelmed on where to begin. My initial thoughts are that I have to patent the idea, then find a manufacturer that's willing to make a prototype. I have the idea of the name for the product but it does no good if I don't know where to begin. Once I get a prototype I'd be willing to do my own marketing. Am I on the right track here or no track at all? Thanks, great video.
Hi Jeanette. We strongly recommend reading a copy of Stephen's book about how to license your ideas in 10 steps, One Simple Idea. It lays out the process and his strategy behind it very clearly. Filing a patent is right away is most often not a good move. You can find it in many libraries in the U.S. as well as Amazon: www.amazon.com/One-Simple-Idea-Revised-Expanded/dp/1259589676. Thank you for watching.
Thank you so much! I will do that. I'm a go-getter, once I have direction, I definitely don't mind doing the foot work. Thanks again! I will keep posting and asking if that's ok.
Which should I do first:
File a PPA, or Hire a graphic designer on elance/fiver to develop my sell sheet?
Like anything having to do with IP, think strategically. You want to start contacting companies as soon as the clock on 12 months start ticking right? Which means having your sell sheet ready. Make sure to have a freelancer sign a work-for-hire agreement with an improvements clause. Doing your PPA first would be the more conservative move. Hope that helps and please know, we are not lawyers.
inventRightTV Thanks for the great advice! I have some hand drawn sketches and know how it'll work in my head but can't really create a prototype that will look presentable so I figure I'll need to have a graphic designer do a computer rendering for me. How should I go about writing up a "work for hire agreement"? Is there a template out there somewhere I could have him sign?
Can you tell me how you filed a provisional for the Michael Jordan back board when the basketball board was already created and yet you changed the design to Michael Jordan but not the intellectual part just a design so how would you share a design change only idea and get a provisional and not share to much to the licensees
No provisional was filed on Michael Jordan. Patents are not end-all be-all.
Quick question, when i submit my provisional patent application does the patent office search to see if there is an existing patent on the thing you want to patent?
The USPTO does not read provisional patent applications.
I’m trying to figure out if I need a patent or a trademark. It’s a different look for a box and it will look different and open and close different but the objective is to still hold a show. Help please ?
Did you research further into this? What did you learn?
I really need help writing this idea.
Does The Name Used To Register The Product Become A Claim Of Value As Would A Trade Mark / Service Mark Can It Be A CopyRight..?? (had to edit forgot 2 sign).. JohnGzS. .o0O. .~ ~. .UpInSmoke..
I became really excited about this, but then I realised a Provisional Patent only covers inventions, not design patents, is that correct? Thank you
Correct.
Thanks
Thank you for watching!
I am reading your book "sell your ideas with or without patent"
Nice. Let us know what you think of it.
Hi, I am looking to file a design patent application soon so I'm not able to do the provisional unfortunately. However, I believe that for the design patents the illustrations are what matters most so do you know of any great and reliable patent illustrators?
For the drawing portion!
Absolutely! Contact Lynnsie Whitaker: lynnsiewhitakerdesigns.com/index.html. She does excellent work.
what do you mean don't put it under invention?
I was wondering if you need a prototype to file a patent? thank for any help!
+puppetgrimm Prototypes can be useful! Stephen's latest book Sell Your Ideas With or Without a Patent answers this question: amzn.to/1Veu7lK.
+inventRightTV you don't need a prototype to file a patent. Thanks for watching!
For more information my latest book is extremely helpful.
Hey I have a question I spent 1000$ with a company
There blown away by my idea they did make a search nothing turned up I did the drawings and everything they want 15k to file the correct patents
Please I need help my idea is very simple worth billions off dollars for global worldwide market
I don't know what too do I'm scared it will be stolen
The company did sign papers not too disclose the idea does it mean I can share the idea now with investors ? I'm so confused don't know who too trust
Hi Forex. Before you spend any more money we strongly recommend that you do some of your own research. It sounds like you are acting out of fear and are confused. You have options! For example, you could choose to license or manufacture the idea yourself. We're huge fans of licensing - that's what we're all about. Stephen's book "One Simple Idea" is a great overview of what you need to license an idea. You can find it on Amazon and in local libraries in the United States. Stephen also recently made a video about how no one is going to bring your idea to market for you. Check it out: ruclips.net/video/BPpW0czQx7I/видео.html
I need to know how much money does it take to file a patent, i heard somewhere that it cost around $1500 to file a patent
You can easily spend as much as $15,000 (on the low end) obtaining and maintaining a utility patent. One option to consider is filing a provisional patent application (which costs just $70-$140 to file with the USPTO) first. Here's why we embrace that strategy: www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first/#4e2bdf4457fe
Samuel Roberts. filed a patent application for $1,100.00 plus
$340.00 issuance fee patent office
total $ 1,440.00. patent can take
4 years to 20 years to get..
got mine in 4 mos very very unique product I developed..
A PPA is cool after one year back to square one.... used a firm called
Gulf Coast Intellectual Property Group Wesley Chapel Fla..
atty Stephen Powell...tell jb said hello.. Love their work google them.. Much success....
I've created a product that works very well in healing different type of injuries and symptoms. How do I move forward in creating the PPA?
Hi,
I have filed a PPA and it is about to expire. I have approached about 30 companies at this time and I am trying to decide to file another PPA and continue to try an license this idea, any guidance for me.
Thank you,
Michael
Hi Michael. What feedback have you gotten from the companies?
All of the companies that I submitted through there website process said that it did not fit in there family of products and then directed me to invention home.
Other companies that i called and sent sell sheet to were not in a position to take on anything new because of there own products getting to market.
I have one reviewing right now and I am following up with several other companies.
Interesting. Do you understand why they think it doesn't fit within their current family of products? Maybe there are other companies that are a better fit. Good job following up. Without knowing more, it's hard to say. How much do you believe in this product? Give us a call to discuss more specifics: inventright.com/contact-us-today.
Hi Michael. We recently put together this article on what to do after PPAs expire: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html.
Thanks,
I have read it twice now, great article, very much appreciated!
Provisional only lasts a year and then your work becomes public. I went this rout and now am rushing to finish my utility before the year expires. Perceived ownership is just that, "perceived." I'd have been better off avoiding this part and just going straight for the utility. You can find an affordable attorney. I find it hard to believe you spent 15 thousand on each patent for a simple mechanical device...
Why do you think you'd have been better off filing a utility right away? To make the most of the year of patent pending status your PPA provides, you need to hit the ground running after filing - that's for sure. Stephen's article "What to Do When Your Provisional Patent Application is About to Expire" may give you some additional ideas: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html. His invention the Spinformation rotating label was not a simple mechanical device - his patents cover methods of manufacturing, for the most part. Thank you for watching and commenting.
What I got from the video is that you don't need a patent at all which Stephen repeatedly recommends when he has his own wall of patents. I think it deters inventors from taking the next steps. Other product developers/ inventors on youtube talk about how it's almost impossible to license products without a patent. And from my personal experience, a year is a very short time to fully develop a utility non provisional. My attorney and I are rushing to get it finished in time. It just makes more sense in my opinion to avoid the provisional all together and focus on the non provisional full fledged patent. Also might I recommend that new inventors start off designing their claims before anything as it's the hardest part in my opinion.
Hmm. That's not quite right. Let's back up. As a 'product artist' (as he likes to say) Stephen was always focused on making income from his product ideas, because eventually he supported his family full-time that way. He had a lot of ideas. Spending the money to file a non-provisional right away didn't make sense; who knew if the idea was even going to be marketable? Why not let the market tell him. Filing a provisional patent application first is a strategic business decision. (More on that here: bit.ly/2npMsQK) In other videos, Stephen explains how to get a licensing agreement and for companies to pay for your patents. It's part of a bigger go-to-market methodology. It's not that patents don't matter or don't have value - they're tools. We're all about low risk to no risk entrepreneurship over here. His perspective on intellectual property strategy is fully explained in his books:
www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/
www.amazon.com/One-Simple-Idea-Revised-Expanded/dp/1259589676
"How to License Your Ideas Without a Patent": ruclips.net/video/CS31715RNQk/видео.html
If you don't know that your product is marketable or not, then it probably is not... If you know it is then it probably is... Placing your big idea in the public domain before it's patented makes it un patentable. So limiting yourself to only a year is a bad idea in my opinion. And stop tagging your silly advertisements in my responses, kinda bad advertisement in my opinion ffs.
Did you patent that puckers on your shelf?
+kami jackson He patented the rotating label innovation - Spinformation - featured on it!
+inventRightTV kool beanz that's why you are the man!
Hi. I just filed for a utility provisional patent. Once i file my design patent. I'll be back to share and ask questions. For this product of mine. I want to tell disclose this idea of mine to you. And then see ur thoughts. See if i made took the right path. Once i have the patent and what i could really all could afford to do. I'm gonna hope its secured and reach out to people. To see what i can do better Next time.
Its my first time filing as a independent inventor. The specs. The drawing. I signed confidential forms. SP16s and stuff. All are legit i hope. Its writting nicely. Not by me. But ya. Once im done with the design patent. I hope to reach back and here ur thoughts. Its a brilliant idea. But I expect to have missed something i may have done better.
Is this a simple consumer product idea? From our point of view, waiting for a patent to issue before testing the market and finding a licensee is a mistake.
Give me a week I'll get back. I heard ur video say patenting early is a mistake. But yet. Filing as a independent inventor is cheap. Maybe not 100% secure. But something i wanted to have be for i test the market. My coworkers, family, friends, all support the idea. Its a rather big market opportunity. Ill be happy to share it in about a week. Im not spending more then $1000 on for my patents. Even if i lost the rights i hope to achieve. Id be happy as long as it's on the market. it's good product.
Yes a consumer product.
for filling a patent in Saudi Arabia , contact us.
How much does an average patent cost?
In our experience the total cost of obtaining a utility patent typically ranges between $10,000-$15,000, if not more.
Thank you for the info.
Invention Therapy. design patent
$1,500 on up..jb
Maybe we can chat on the phone or something I want too get moving tired off spending money
Absolutely. Contact us here to set up an appointment at your convenience: www.inventright.com/contact
Thank you