Tag: intellectualproperty

Posted on

Chris suspects he saved $12,600 on his lawyer’s fees

I love showcasing the success of our clients because the work we do on their intellectual property can really make a big difference in their business strategy and understanding, even beyond IP and patents.

I just interviewed an awesome inventor, Chris, who has developed a very useful consumer product. To hear more about Chris and how he suspects he saved $12,600 on his legal costs by working with The IP Link, check out the video here:

Also, we are getting closer to launching the next cohort of our program and course, the Product Protection Playbook™, so if you’re interested in keeping your costs down and filing a better patent like Chris did, stay tuned here: https://theiplink.com/waitlist/

Posted on

Big News at The IP Link!

Hello Innovators!

One of the things I love about helping entrepreneurs and founders with their IP and patents is all the great conversations I get to have. If there is some way that I can help, I’m typically happy to hop on a Zoom call to discuss it in more depth. On these calls, if there is a way we can help after or beyond the call that makes great sense for us and you, I’m usually happy to talk about what that looks like and enroll folks into one of our programs – at any time.

In fact, I suspect I have talked with many of you over Zoom or at least via email recently, or over the past year or two!

But, I also enjoy deep conversations with our clients and ensuring our programs and services are top-notch.

So, to provide an even better service for our clients, by the end of this month, we will be switching over to a cohort-based process for onboarding new clients. Since our core program is typically between 9 and 12 weeks long, we will be onboarding new cohorts once per quarter rather than at any time as we have done up to now.

What does this mean for you? Well, if you are hoping to file a patent, launch your product, or even start marketing it at any point in the next 3-6 months, now is the time to take action on all the important patent assessment, preparation, and strategy work that needs to happen BEFORE engaging with a lawyer.

…and the best way to start that action is to register now for my upcoming free webinar – I’ll share all the details on the 21st at noon:

https://theiplink.com/register/

Posted on

What is Inventorship? ⚡️

Game Board

I recently had a question from one of our clients about who should be listed as an inventor on his patent application. If you have multiple founders, or a team of developers, researchers, or engineers, it is important to get this right.

Unlike authorship (which can have a certain flexibility), inventorship is determined based on a set of legal criteria. You need to ensure that the inventors are accurate (are actual “inventors”) based on these criteria. If you get them wrong it may be difficult or expensive to change them later, or, even worse, a competitor could use the mistake to try to invalidate your patent.

Always confirm with your lawyer if you are unsure, but simply put, in order to be an inventor, each person needs to have conceived of at least one of the claims of your patent. Once the claims of your patent have been written, you can go through one by one and ask “who initially came up with this idea?” This isn’t necessarily the person who built the element, or the person who tested it to confirm it worked (especially important in research settings).

Many of our clients are looking to get an initial sense of this before they have written their claims, so we consider it in the first module of The IP Link’s core program, Articulate Product.

In this module, we utilize a template worksheet called The Articulate Product Spreadsheet which has a section specifically devoted to this. In many cases, there is only one inventor and we don’t need to worry about this step, but when multiple people are involved it’s important to understand how inventorship is determined and get an initial sense of who should be listed on your patent as inventors.

Once you are clear on who the inventors are, it is also important to make sure that your business has signed agreements with all inventors ensuring that all rights to the invention are owned by the company.

If you need more help with this or would like to gain access to the Articulate Product Spreadsheet, just let me know!

Posted on

Design Patent 👑 VS Utility Patent 🛰

Coca Cola Bottle Design Patent

Should you be filing an industrial design (design patent) or a utility patent? The ultimate question: Design Patent VS Utility Patent. Okay, this is not the ultimate question, but a common question nonetheless.

Terminology

The first thing I want to clarify is terminology. In most of the world, you can file a patent or an “industrial design” application. In the United States, industrial designs are called “design patents.” This can be a bit confusing because they are quite different from “utility patents,” or what the rest of the world just calls “patents.” For the rest of this article, I will call them industrial designs, to attempt to reduce confusion.

Design VS Utility

The best way to think about whether you should file an industrial design or a utility patent is by asking yourself what is new, unique, and innovative about your product: how it works or how it looks?

If your product has a unique appearance, you may want to consider filing an industrial design. If you think it has a unique function, then you may want to consider patent protection, and we would love to help!

Strength of Protection

If you are able to get industrial design protection, this only enables you to prevent others from copying your exact design. Assuming you don’t also have a patent, others would be free to copy the function of your product as long as theirs had a different shape or appearance. Industrial designs can be easier to get, but they also have more limited protection. It is easier to tweak a design, or the appearance of a product to get around industrial design protection than it is for a well-written patent.

Multiple Forms of Protection

The initial question I asked at the beginning of this article related to “industrial design OR utility patent,” but the best IP strategy usually incorporates multiple forms of IP protection. For example, you may protect your software, written works, and images with copyright. You will likely protect your brand (the name of your company, logos, product names, etc.) with a trademark. You may keep certain elements of your back-end as a trade secret (data that goes into an AI or machine learning process, for example). If your product incorporates a unique process or function, you will certainly want to consider filing a patent application on your core technology regardless of whether or not it also has a unique design. Learn the best approach to filing a patent here!

And of course, even if you are pursuing a patent you should also consider filing an industrial design if the appearance of your product is unique and important to the success of your business.

Posted on

Three Steps to Avoid Patent Mistakes

For the last couple of weeks, I’ve been working on a new presentation that really highlights the differences between the typical approach of going straight to a lawyer to get a patent application and the new and improved approach that The IP Link has developed.

Watch this video if you would like to avoid all of the common mistakes and roadblocks that tend to arise with the old approach to getting a patent.

In this video, you will also learn how to get a better patent and make the most out of your investment into patent protection:

In this video, I talk about:

  • How to get started with patent protection,
  • The three steps to getting a better patent that will bring value to your business,
  • How much patent protection costs,
  • How to avoid common pitfalls,
  • How you should prepare for filing a patent application BEFORE contacting a lawyer,
  • The typical timeline of the patent process (including costs) AND a timeline of our improved approach,
  • How the typical approach of going to a patent lawyer first can cause issues (and how to avoid these issues),
  • And MUCH more!

So don’t miss it!

Posted on

The Patent Mastermind Free Private Community 🌱

Over the past six months or so, I’ve participated in a few online communities for entrepreneurs that have really helped me learn and improve my business. These have been related to business generally, and so far I haven’t been able to find a community of entrepreneurs focused on patent strategy.

So…

I’ve recently created a brand new community for innovative business owners and technology entrepreneurs developing new products, software, or processes.

This is a platform where I and our community members will share the best strategies that we use to get better patents and make the most out of our investment into intellectual property protection.

If you’re just getting started with patents and want to learn, this is the perfect place to do it! If you have experience with patents, please join the community and give some of your knowledge back to those who need it!

You’ll get regular live training sessions, exclusive resources, and access to other business owners and entrepreneurs like yourself to mastermind with, learn from, help out, and protect your businesses together!

Since this is a new group, the first few people to join will have a greater impact in shaping the community so that it can become exactly what you need and want. Don’t be shy: join us and contribute to the conversation!

Join the discussion here: https://theiplink.com/group/

Posted on

Confused About Whether or Not to Get a Patent? 🤷‍♀️

Has anyone told you that you absolutely need a patent to move forward in your business? Has anyone told you not to get a patent because it’s a waste of time and money? These are not rhetorical questions, I really want to know. Please leave a comment below with any patent-or-not advice you’ve heard!

If you’re an innovative business or a tech startup, there are two things you should be considered closely in order to determine whether or not you should file a patent application.

The first is determining whether or not a patent would even make sense for your business.

You’re right to be skeptical about patents given the high cost. This is all the more reason to figure it out properly. You might have not previously thought about all the benefits and costs, much less calculated them out carefully and weighed them. The IP Link has a program called “Strategize” that gives you the expertise you need to be intentional about your goals for filing a patent, objective about the downside, and confident in your decision to pursue patent protection or not.

The second thing you should consider is whether or not the patent office will accept your application or reject it once they finally get around to reviewing it. If your application does not meet the criteria for patentability, it will likely be rejected.

For example, anyone anywhere in the world has publicly disclosed a technology or product similar to yours, then your patent could be rejected. Unfortunately, you won’t find out officially whether you meet their criteria until 2-4 years into the process and $50,000 – $150,000 invested. It would be very unfortunate to be rejected after spending that kind of time and money.

If you want to learn more about our business focussed alternative approach to the patent process, join our newsletter and gain access to our free patent training webinar at:

https://theiplink.com/patent/

Posted on

Not All Businesses Need a Patent, But Most Should Consider it Carefully

It does not make sense for all businesses to file a patent application.

This decision depends on your industry, investment, revenue, aspirations, business model, product, price point, and many other factors.

For many businesses, it’s relatively easy to determine that they don’t need to spend time or money filing a patent. For others, it’s clear that they do need a patent. The vast majority of businesses, however, are in the middle. For these businesses, determining whether or not they need a patent requires a concerted effort to review the opportunity, risks, and costs and to develop an approach and strategy.

The IP Link’s Product Protection Playbook program helps business founders evaluate patents and gain clarity on where they fit in this spectrum. The results of this work may reveal that patents don’t make sense. On the other hand, it may show that they are a great opportunity!

If you think you might be missing out on an opportunity to level up your business, watch my patent training webinar which includes a discussion of potential risks, costs, and benefits of a patent (link in the comments).

#business #strategy #intellectualproperty #patents #patentstrategy #innovation #founders

Posted on

How will you use your patent?

Let’s say you decide to file a patent for $8,000 – $12,000, then within the subsequent year, you pay another $10,000 to maintain it.

What will you do with your patent application? How will it benefit your business? Will it bring more value than you paid?

As business strategy questions, not legal questions, these are not questions your patent lawyer will likely help you with.

You need to be the expert.

You need a deep enough understanding of the patent process to be able to determine how you will use your patent after your lawyer submits your application for you.

If you plan for this BEFORE drafting and filing your application, it will greatly improve your ability to use your patent effectively. Also, the prep work will help you work with your lawyer more efficiently, may bring the legal fees down, and will result in a far better patent application.

If you’re considering filing a patent application within the next few months, make sure to become an expert on how your patent will impact your business and do the right kind of preparation well in advance by joining The IP Link’s new Product Protection Playbook™️ program.

Also, let me know in the comments below if you have filed a patent in the past, what benefit did it bring to your business? If you haven’t yet, do you have a plan for your patent once it’s filed?

#intellectualproperty #preparation #help #strategy #business #patent #patents