All right, well, welcome everybody to day number four.
So so far, I just want to like celebrate you guys because so far you guys have covered
two days of training in trademark law.
You guys have covered a full day of training in copyright law.
I mean, like, are you guys starting to feel full?
Like you starting to feel full yet?
All right, because we still got today and tomorrow.
So you know, there's a lot more coming.
But here's the beauty of it.
You went through the most, I'd say the most difficult days you've already done.
Now it's just kind of it's easier, it's exponentially easier.
So we went through in trademark law, we went every through everything from what's a trademark
to how do you determine if there's trademark infringement, how to do trademark searches,
trademark applications, how to use the notice.
One of the things I'm going to do for you today is I'm going to show you how to do a
search for logos live.
All right, so I'm going to do that with you today because a number how many of you here
have logos for yourself or your company?
All right, so there's a number of you that do and some that don't.
Okay.
And so I'm going to show you how to actually do an online trademark search for a logo.
So we're going to do that very shortly.
Separate from that, we're going to go into we're going to start touching based on patents
today.
But I wanted to see if on the copyright area, I want to see if there's anything in particular,
like maybe one takeaway that you guys have.
Let me see if there's two people that want to share at least one takeaway that you got
in the copyright law area.
This will help me to see what's actually helping you guys in that area.
And if there's something in particular that jumps out.
So if you have a share, just raise your virtual hand or your real hand.
And I should see it.
Go for it, California.
Unmute.
Sorry.
Okay, unmute myself.
I didn't know if it is or videos or I to tell you the truth, even though I've known about
chat GVT, I just, I spend so much time on the little little screen, my whole life is
on a little flat screen that I haven't jumped in to it, but I'm going to soon.
And I was really surprised about NFT and derivative stuff and what else video, right?
Titles, interests, right?
Titles and interests.
And I just I've been thinking all day and yesterday after the talk, how I really wonder
how many artists and writers just give it away.
Oh, my gosh.
You're so right.
Until years later, they're going, well, how come I don't have any money?
Yes.
What is funny, what you just said is actually not funny, but it's ironic.
What you just said is actually the number one thing that I hear from artists is that
they spend all their time focused on creating something that essentially becomes like their
baby.
Then everybody comes over and takes pictures of it, sends it all over the Internet.
And you know how much money they make out of it?
Nothing.
That was that really surprised me.
That's so unfortunate.
And so for anybody here who's an artist, I just by a show of hands, are there any artists
here?
OK, so I see.
I see.
All right.
So here's the thing for artists.
If you if one of the ways that you make an income stream is by marketing your images,
like your paintings, your drawings, even your your animated programs or your your digital
your digital images.
If that's how you make money, here's what I would do.
I would make sure that if you're showing any of those images on Facebook or another platform,
you're using very low DPI, like extremely low DPI.
Why?
Because you want to make it so that they can see it, get a general idea of what you have,
but they can't copy it.
Because what what the majority of these people will do is they'll take something that's very
high DPI.
They'll put it on a pen drive.
Go over to the corner store and say, hey, turn this into like a two by four or two by
three or whatever, or a five by eight or like the turn it into a life size poster or whatever
it is.
And you make no money.
But if it's low DPI, which is dots per inch, very low resolution, then what happens is
you can get an idea of what the image looks like, but you can't copy it because in order
to make that higher, to do a nice resolution.
solution final painting or image that you're going to put on your wall, you need high DPI or high resolution. So this is what you do you do low resolution so people can actually get the idea but they can't make copies.
And then what you also do is you what you watermark it.
Alright, so you, you do the combination of both low resolution with watermarking.
And the result is now just to keep just so you're all aware, there are software programs out there right now that exists literally today that will remove the white mark the watermarks.
Okay, like you'd upload you can upload an image, it will know where the watermark is and it'll remove it. So what a marking in and of itself is not like the be all end all.
You've got to do more than just watermark.
Because the software programs are so advanced these days that they will remove those things for you. So what you want to do instead is again, do low resolution, then watermark, and I'm telling you, you're going to find that the number of people
that make copies of it is going to decrease. How do I know this. I know a number of really big artists like in New York.
One of one of the people.
Maybe I'll post some of her work, it is like insane. She did this this life size rendering of Queen Elizabeth, and like it is.
It's insane. It looks like it's alive.
And it's, it's like museums around the world want it like and she's very gifted. And you know what, what's really interesting if she sees this show laugh.
She reached out to me and she says, I've got a trademark I need to file, but we're a little light on cash right now. So can we swap, like, you know, I'll do, I'll give you a painting and you give me a trademark.
I started laughing I was like, I was like, to get one of your paintings. Yeah, of course. And so, so anyways, that's the beauty of running your own business you can swap services, it's amazing.
So anyways, the big thing here again is low resolution watermark that will decrease the number of times that people can actually copy what you have.
So that's a good that's a good share. Thank you for that. Is there one more share, either on the trademark side or the copyright side. If you want to share something that to you was like, that's a really good point I didn't know about that.
Just raise your virtual or or real hand and we'll call on you.
I don't see anybody, let me go to the other screen. I don't see anybody volunteering. Are you guys tired.
Today we're going to cover coffee brands of coffee. Okay, so
Michelle Michelle.
You got it.
Um, so basically I think for copyright law.
I know it's a little bit noisy here but for copyright law, with regards to the, like getting the rights that the interest.
And I want to know the last the last one I'm like, Oh, where are my notes, right title and interest rights interest in title yeah that was super good and also just realizing about these app developers and like what you truly own because there's so many people
who are helping with like website development, they're helping with this they're helping with that and you're paying them, especially, you know, using fiber and like everything like that you're paying them per project but then you're not actually
owning it. So, it's so crazy, but, um, but yeah that was that was like gold to like learn about that. That's, that is actually one of the things you mentioned is so important you mentioned fiber.
Now for those who don't know about fiber the way it works is that and we've used them right right, we actually use them for doing some video editing and stuff like that.
Yeah, so this is a platform where people market their own services, but you can get people at really reasonable costs like extremely reasonable costs.
But if you don't actually realize that you don't own things, unless they assign all right title and interest to you.
Here's the thing. Many of the people in that network, do you know that.
So they will do the work for you. They'll give you the result of the work, and then they'll reach out to you and say hey, if you want to own the copyright to this it's going to cost you this much more, because they did become cognizant of that they do
know that.
So it's really beneficial for you guys all know this now, because now if you go on fiber if you go on to some other place to do things with the creation of some kind of work.
Make sure in the legal agreement, it
says that they hereby assign our right title and interest
over to you, OK?
Now, one other thing, another term
you want in your legal agreement.
This is really important.
Not only do you want in the agreement
that it says that they will assign all right title
and interest over to you, you also
want a clause in there that says that if you need
to file an assignment with a government entity,
like the United States Patent and Trademark Office,
or the Copyright Office, or some kind of other office,
other government entity in a foreign country,
that they will sign the assignment when you need it,
OK?
Why is this important?
You may be able to get some kind of contractual obligation
from them saying that, yeah, I agree that you own it.
But you need to file a legal document
with the official government.
Like the United States Patent and Trademark Office actually
has an assignment.
You need to file an assignment with the government that
lists the patent number, that lists the trademark number.
Well, in your agreement with them,
it's not going to list the trademark.
It's not going to list the patent number.
You're going to obtain that later.
So when you obtain that later, you're
going to want them to be able to sign a document saying,
yes, I hereby assign all right, title, and interest over
to you.
So make sure in that agreement that you
have when you hire somebody in FIBER,
or when you hire somebody to create your software app
or whatever, in that legal agreement,
ask your attorney to provide in that legal agreement
that not only do they agree to assign all right, title,
and interest over to you in this document,
but they also agree to sign any additional legal documents that
are necessary for recording.
The word is recording your legal right with that government.
Really important.
Do I have a generic form that we could
use with the right verbiage?
Yeah, that's stuff that people get within the package.
So these are other perks that people find out about.
But it's not, they don't get full legal agreements.
They get certain clauses that help them out.
All right.
Oh, and actually, I'll make a reference to the package
before we go on.
Because tonight at midnight, yep, tonight at midnight
is the last day to take the foundations and IP package,
guys.
So I don't want to take a lot of time to talk about it again.
We intentionally talked about it on day one
so you can get some exposure to it.
You can see what we do.
You can see how we work with you and the level of knowledge
in all areas of IP and how it can apply to you.
But then on top of that, some of you
have actually been reaching out to me, emailing me, DMing.
I had some phone calls with a few of you
who are actually now in the package, which is amazing.
Absolutely love having you in this.
We're going to have a great time.
But if some of you actually have further questions,
please reach out today.
Like DM me or emsupport at elite-challenges.com.
Just let me know.
And we'll try to help you however we can.
Because I don't want anything stopping your businesses.
I want you guys doing well.
And if there's a way for us to help you in that process,
I'm going to make myself available to do that.
Because that's why I left the law firm,
is to do this, to help you guys.
Let me see.
Does somebody have their hand raised?
No?
OK.
Oh, you do?
Yeah, go ahead, unmute.
I'm interested in contracting with some ghostwriter
companies, low-content books, spin-offs from the book
that I'm just writing now.
And I know they have their own contracts.
Do I need to add or cross out certain things
from their contracts?
Yeah, great question.
And the chances are yes.
But what you should do is, in the agreements,
is it a publisher, or is it like a third party?
No, these are aggregators of writers, basically.
OK, so it's a third party then.
Whichever ghostwriter seems like they're
the one to do your book.
Yeah, yeah.
So then what you want to do is take a look at that agreement.
In the agreement, they'll have a lot of different provisions.
I've seen a number of those agreements for authors.
And you should have an attorney actually look at it
to see if there's any kind of legal right
that is really important to you that is not captured in there.
One of the biggest issues I've seen with other parties that
are going to do editing or do copywriting
is.
You got to make, you got to make sure on this since we've been talking about copyrights I'll kind of throw this in just so you know, you got to make sure if any legal agreement you have with them it says in there that they hereby assign our right title
of copyright or an interest to you for any derivatives or for any modifications to the original work that you provide to them.
Why? Because if an argument can be made that what they've provided falls outside the scope of what was originally provided, then they can have legal rights to what's created when they got the idea from you.
And so you want to make sure you have something like a non-disclosure or non-compete agreement.
Non-disclosure is that they won't obviously disclose what they've read, but separate from that the non-compete is that they won't go and create a book that competes with yours that has the same subject matter.
What a lot of people forget is that they'll create a non-disclosure, but they don't even think about non-compete.
They're like, and so the party's like, fine, I won't disclose it. I'll just create it and give it to, you know, I'll just use it in a different way, but I'm going to compete with you or I'll give the inspiration to my friend.
I'm not going to give them the exact words so I don't violate the non-disclosure. Now my friend creates it and my friend can compete with you and I'll support my friend.
I'm not supporting you and I'm not violating the NDA, but I would be violating an NCA.
And so you want to make sure you have a non-disclosure and non-compete, not just a non-disclosure, guys. Really important. Okay.
Stairs out there.
Absolutely. Yeah, just to watch your back.
All right, so let me start jumping into patents a little bit here.
This is, patents are not, they're not extremely difficult, but patents are the most expensive of all the areas of intellectual property law.
They are the most expensive. Okay. Now I'm going to give you a little briefer on patents.
And then I'm going to do a live trademark search with you on logos just so you can see what it looks like. Okay.
But I want to kind of jump into some of the meatiness on patents here.
And then we get, when we get to the end, if anybody has any questions on the foundations and IP package, which I'm actually thinking of changing the name to like the clarity package or something like that.
Foundations and IP, it's just, I mean, it's good, but I think it could be better.
Like, you know, because it's really about clarity. You already know what I'm going to say about branding that.
We'll go to the drawing board on that one.
I work with Ray for like a year now. I never have a question as to what she's thinking.
Because her face shows every single thought. Like, she'll go.
Or he'll go. I mean, there is zero, zero.
Very expressive.
That's what I like about you. It's good. All right, so let's jump into patents. So, patents.
A patent is basically a right by a government that allows you to stop others from making, using, selling and importing.
Whatever is covered by a patent. So it's making, like manufacturing, using, like a consumer would use the device, whatever it is, selling, like a distributor would sell or you would sell, offering for sale as well.
And then finally, importing. Like if you're in the U.S. and you import from China a certain product that you ask them to create, that's importing.
So it allows you to stop others from making, using, selling and importing. Very, very powerful.
Okay, very powerful. But people don't understand how they work.
I'm going to give you some ideas of how they work so you can see if they work within your business.
Now, something I need you to understand is that patents do not allow you, and this is probably going to shock a lot of you guys, patents do not allow you to make anything.
People go and they file patents and then they go, I can make the product because it's covered by a patent.
No, you can't. That is not what patents do. Patents do not allow you to determine whether or not you can make something.
They are a, they're a right to stop others, not to make you sell and import. They allow you to stop others from making, using, selling or importing.
If you want to be able to determine whether or not you can make, use, sell or import something, what you actually want is called a clearance search.
It's called a clearance search, okay? C-L-E-A-R-A-N-C-E, clearance search.
That's what you want. You do not want a patent.
an application, you don't want to patent,
if you just want to know if you can make something.
Now, most people that actually are creating something,
like if they're going to have a device or something,
they want to patent on it because they don't
want anybody else to make it.
That's how you get this limited monopoly,
so that you can make a lot of money on your technology
and nobody else can make the same thing.
That's why you use patents.
You use it to stop others.
So you can take over the market so
that nobody else is really going to compete
on that exact same thing.
But you're not getting a patent so
that you can make the device.
That's kind of a misconception in the public side.
And I'll explain a little more about that in a second.
So here's the question.
You have two options.
You can own a patent on a stool, which
has a base, a circular base, or a base of any size and shape,
and three legs.
That's what a stool has.
You can have the patent on the stool,
or you can have a patent on a chair.
The chair patent covers a base, four legs, and a back.
Choice number one is a stool, which
is a base with three legs.
Choice number two is a chair, which
is a base, four legs, and a back.
Type in the chat.
Everybody has to type either a 1 or a 2.
Which one do you want?
Do you want the stool, which is number one,
the patent on the stool, or the patent on number two,
which is the chair?
Which one do you want?
I'm going to give you guys a minute here to type this in.
And it's OK if you get it wrong.
It doesn't matter.
That's why we're here.
We're here to learn.
We're here to support you.
I just want to see 1 and 2.
This is a first.
Tanya is the first person in the entire time
that we have run this challenge who actually
came in with a lot of game.
Exactly.
She's like, I want both.
Give me them both.
That's not an option here.
This is not go to your parents and say,
I want the ice cream and the candy.
No.
You've got to choose 1 or 2, even though, quite frankly,
I'd like both too.
That would be smart.
So I'll give you guys another 10 seconds.
Type in a 1 or a 2.
1 or 2.
There we go.
2.
Yeah.
8, 7, 6, 5, 4, 3, 2, 1.
OK.
Now, let me explain to you what you truly want.
A patent allows you to stop others
from making, using, selling, or importing that thing, right?
So a stool has a base and three legs.
A chair has a base, four legs, and a back.
If you make the chair, the chair has,
when you look at the elements of the chair,
does it have a base?
Yes.
Does it have at least three legs?
Yes.
So if you own the patent on the stool,
you could actually stop people from making stools
and from making chairs.
You see that?
The way patents work is that you want
patents that are broader, that have broader scope.
If you have broader scope in your claims of the patent,
then you can gain way, way, way more.
They're way more powerful, way more effective.
Broad patents are very powerful.
As long as they're not covering something that already exists.
If they're not covering something that already exists,
golden.
All day long, get broad patents, and you
can license them to tons of different people
and make lots of money on royalties.
Or you could sell your patent.
I had a buddy of mine in Israel.
He had, I think, like 70-something patents.
And he wrote a patent on something
I thought was brilliant.
He wrote a patent on logos, not logos, Legos.
You remember building blocks?
Anyone who's a parent remembers Legos.
Because we have walked through the house at night
with the lights off, and we've stepped
on one of those darn squares that
have made us use Legos that we probably should not have used.
I'm just saying.
Maybe I'm doing a therapy treatment here in front of you.
But that's basically, Legos were created to hurt you.
But what he did was he created these Legos
with a circuit inside of it.
And they, in fact, would illuminate.
So when they connected together, he
can actually assign sequences to different blocks
to have different colors.
they were all like LED lights inside of them. And so now you've got like, you know, you're
basically creating a gigantic circuit. And then he would program the entire Lego, you know, city
essentially, and have different things have different colors. Some things would flash other
things. I mean, it was amazing. And Lego bought it. The company actually bought it from him.
He made tons of money on it. So although I haven't seen that out there in the market,
so I don't know what they did with it. Something for you to keep in mind. Some people will buy
your patents, not so that they can make the product, but so that they can shut you down.
All right. That's something for you to understand. A lot of you are entrepreneurs. So a lot of you
have these hopes and dreams. And you're thinking, oh, my gosh, what I want to do is have a patent
on XYZ. And then I'm going to sell it to like Intel or Apple. And I'm just going to sit back
and make money. I'm just going to make a big royalty stream. Look, if you've got some kind of
big life changing technology, these big companies are going to do one or two things with you.
They're either going to want to invalidate your patent or they're going to want to work with you.
One of the two things is going to happen. Now, if they want to work with you, what some of them
will do is say, well, our technology at Apple, we've been developing over the years and we
already have an income stream and we don't want this disruptive technology to come in.
So what we're going to do is we're going to buy the patent. I'm going to buy the patent from Pat.
What I'm going to do is I'm just not going to sell anything. Pat's just happy that Apple bought
the patent or that Apple took the license. And so she's sitting back saying, look, I'm going to
make a 5% royalty on every single cell phone that's sold with this technology. And every quarter,
she's checking with Apple and saying, hey, you guys are going to send me a check. And Apple's
like, oh, sorry, we haven't had any sales. We haven't had any sales. This is why I tell you
guys to do non-exclusive licenses. Then what you can do is you can license to Apple and license
to somebody else. And if Apple is not doing anything, stop licensing, move on to somebody
else. But if you did an exclusive license, then you wouldn't be able to make income streams off
anybody else. That's why non-exclusive licenses are very important. So remember broad patents
and go with non-exclusive licenses. If you have something that's very powerful.
Patents can be used for multiple different reasons. You can use them to license others.
You can use them to stop others. You can use it to just scare people to make sure that they
don't create what you have. You can also do a thing called cross-licensing. If Michelle has
a really cool, let's say Michelle is in a certain, she's in the educational field, let's say. And I
have a software app that's being used right now in like the, it's being used in let's say the
automotive industry, but I want to bring it into the educational field. And I know Michelle
is already there. And Michelle has certain patents on use in the educational industry.
I might go to her and say, Hey, how about we do a deal where I license you my technology,
you license me your technology. And we together enter into the educational industry where you'll
make money off of my technology and I'll make money off the technology as well. So I don't
get sued for infringing your patents and you make money off of my patents. That's a great way to do
a business deal. It's a win-win everybody wins. So remember patents don't just have to be used
to sue somebody. They can actually be used to open up a market that you have never entered before.
All right. Now something to remember, if the technology can be reverse engineered,
meaning if I put this product out in the market, like these are my, these are my earbuds, right?
Sony earbuds are really cool. You just pop them out, you know, put them in. They're not, I mean,
they're Bluetooth connected. I just heard it. Bluetooth connected battery around 40%. So,
I mean, you know, that they work really well, love them. Now, if this technology can be reverse
engineered, meaning if I sold this to the public, they could take it, break it down and figure out
how it works and then create their own copy. That's when you want to file a patent. If there is no way
for anybody to figure out how to do this thing, meaning like software stored on a backend server
that nobody's going to access, you may not want to file a patent because nobody's ever going to
know how to use the technology anyway.
Patents last for 20 years from filing.
Trade secrets potentially last forever.
So if Coca-Cola filed a patent on the Coca-Cola formula,
their patent would have expired ages ago.
And everybody could essentially be using,
or basically could be creating Coca-Cola.
All right, but they didn't,
they maintained it as a trade secret.
That's why to this day, if you use their formula,
you can get in trouble.
Okay, the other thing,
if in fact your technology will become obsolete
in three or four years, don't file a patent.
Don't waste the money.
I'm telling you now as a patent attorney
who gets paid for writing the patents,
I'm telling you don't waste your money.
Why?
Because it's gonna take you two and a half years
to get out of the patent office.
With the patent office, you file a patent application,
then you wait.
And then what happens is you get a notification
from the United States Patent and Trademark Office
saying either it's allowed or it's rejected.
And if it's rejected, they tell you why,
and you need a lawyer to come back
and give legal reasoning
as to why your patent should be allowed.
Okay, and I'm not gonna go into detail
about the legal arguments under novelty and obviousness
and unpatentable subject matter and the statutes.
I could bore you to death on some of the stuff that I know,
like section 112, 102B, you know, 103A, all that.
You don't need to know that.
All you need to know is that you file the application,
you gotta wait until they either reject it
or they accept it.
If they reject it, you need a lawyer.
The lawyer has to look at the rejection
to tell you what exactly is allowable,
how to make the legal arguments,
and how not to make legal arguments.
And they'll do all that, all right?
Patent lasts again.
20 years from filing, last 20 years from filing.
If you have a unique design, like the Coca-Cola,
I don't know if you guys remember
the old Coca-Cola bottle.
Remember how that was shaped?
It had a really unique shape to it, right?
It was like that, something like that, right?
And so that bottle actually could have been protected
under the design law.
So what I mean by that is if you have a unique design,
you can file what's called a design patent.
It only protects the design.
Not the functionality, not the device,
only the way it looks, nothing else.
Brookstone, I used to represent Brookstone
before they got bought out by a Chinese corporation,
all right, a Chinese entity,
and filed tons of design patents.
I think we had like seven different design patents
for rabbit ear wine bottle openers.
You know, the ones where you like push the thing down
and then do this, and then the court comes up?
If you look on the internet,
there are tons of design patents on rabbit ear wine,
cork removal, bottle openers, and there's a lot of them.
So they last for 14 years, 14 years, not 20.
You can protect systems, methods, devices,
and there's a number of other things you can protect,
but those are really the big major ones
that are protectable, okay?
Now, some of you are doing work in other countries, right?
How many of you are actually selling products
in other countries?
Anybody, or services in other countries?
Okay, all right.
So let's say you were trying to actually protect
your legal rights in Canada.
Canada is an easy one.
Canada is not that expensive.
It doesn't require translations.
So you can actually file a patent application
with the Canadian Patent Office, all right?
But here's the thing.
If you file in the United States,
you have one year from that date to foreign file.
If you don't file within one year,
you lose the priority date.
The priority date's really important.
And I'm gonna tell you why priority dates
are really important.
That's the earliest date associated with your patent.
The reason why it's incredibly important
is because there are things in the United States
and in foreign countries that will make it
so that you can't own your own patent.
It'll make it so that if you perform any one of the following actions that I'm going to mention to you, your invention will be considered donated to the public, you'll lose it.
And some of you have already done this. So, I apologize for any emotional feelings that you're going to go through within the next 10 minutes.
Because some of you are going to find out that you actually can't own what you already created.
But that's all right. It's better to know this stuff so that you can fix it. Okay. All right.
There are three stat story bars in the United States.
There's one in foreign countries. What these things do is they say they actually dictate whether or not you can file a patent.
In foreign countries, there's this thing called the non-disclosure, non-publication requirement.
If your invention, let's say like your device, your method, your system is described on a website, on a funnel, in a white paper, right, that's considered disclosed.
That means you cannot obtain legal rights in any foreign country of the world. It's gone.
This is a really big deal, guys. This kind of stuff shuts down companies. All right.
So, if you cannot obtain any legal rights at all to your technology or to your method, that means anybody can do it and you can't stop them.
There's nothing you can do about it.
So, there's literally companies out there that wait for patents to expire, and then they go and make the exact same thing.
This is what they do. This is how the pharmaceutical industry works.
This is why you hear about generics.
Okay, so what you have is...
Hold on one sec. Let me just do something here.
Okay, cool. There we go. Took care of something. All right. So, something for you guys to realize.
This is really, really, really important, guys. All right.
And I don't want you guys to get in trouble here.
If you actually disclose it, if you offer it for sale, if you do any of those things, gone.
No foreign countries can you get legal rights. Gone.
All right. Now, in the United States, it's different.
In the United States, the way it works is that if you offer it for sale, you have one year from the date that you offer for sale to file a patent.
If you give it to a member of the public to use for its intended purpose, and it's not for experimental use, and one year passes, it's gone.
All legal rights are gone.
Okay.
And then finally, if it's in a publication, like if anybody's in school, some of us have higher education degrees and we had to do like a thesis, that thesis then gets cataloged and placed in a library.
That is considered published. I did. This was actually an interesting experience.
I was teaching at Dartmouth to the medical device group.
Kirk was the head of the medical device group at Dartmouth, and I'm training them on IP law.
I got to this section, and I mentioned to them, look, guys, if there's any publication that covers your invention, you have one year to file a patent application.
If you don't, it's considered donated to the public, and in every single foreign country of the world, the invention's gone.
Like five people ran out, like left, like literally ran out.
It was five or six.
They literally ran out, and Kirk looked at me like, what just happened?
I said, I just explained to them, you know how you told me last week they had to submit their thesis to actually get their final degree as a PhD?
He says, yeah.
I said, what do you think happens to their thesis?
He says, oh, my gosh, it gets published.
I said, yeah.
So every single one of the graduate students who was looking at building a company using what's within the thesis, they now can't if they're doing any foreign work whatsoever.
So I guarantee you those five or six people who ran out, the reason why they ran out was specific.
typically because they fall into that category.
And he checked later and he actually told me,
and they were really thankful that I explained this to them,
because it essentially, what they did was they went back
to the university and said, please don't publish this.
Like, you know, do your grading, but don't publish it
until we're ready, until we file a patent application.
All right, and so they were saved.
But just remember that you cannot,
don't brag about your technology
if you're gonna file a patent.
If you go out there and start bragging, it's gone.
All right, and I don't want a situation where,
I'll tell you just one story.
This is actually horrible.
So pharmaceutical company goes to a trade show.
This is a real story.
Pharmaceutical company goes to a trade show.
They had six or seven different prescriptions
they were going after.
They went after FDA approval.
They finally get it on one.
They spend millions upon millions upon millions of dollars
trying to develop these drugs through different tests.
And then, you know, all these different things
they had to get.
Finally, they get the FDA approval on one, right?
It took like 17 years, okay?
They had filed a patent on this thing, all right?
Well, they start selling the thing.
This guy actually went to a trade show
before they filed the patent.
And when he went to the trade show, he says, guys,
we've got the best new drug ever.
It does this, it does that.
Here's the chemical formula.
Nobody ever knew how to do it before.
If you want to work with us, just hire us.
And, you know, here's the pamphlets
that talk more about the drug.
This is how you interact with it.
This is what we did to create it.
Blah, blah, blah, blah, blah.
Okay, well, they finally get FDA approval.
Another company goes out there
and starts manufacturing the same drug, right?
And starts selling it as the generic.
The big company sues them.
And then the other company comes back and says,
I don't think so.
Your patent's invalid.
And they said, well, how, like in the court case,
they said, well, why?
And they found out that the head of marketing,
not the head of marketing,
one of the members of the marketing team
went to a trade show
and demonstrated everything about the drug.
And that it actually took them more than a year
to get the patent after that.
And so that means that their patent was invalid.
Do you know how many millions of dollars that company lost?
Millions upon millions upon millions of dollars.
They lost it immediately.
And obviously the guy got fired immediately
because they lost everything.
So it's kind of a big deal,
but in any case, just be careful.
Just be careful.
So that's kind of how patents work.
Just remember like,
patents are really expensive, okay?
So out of all the different areas of IP that you can obtain,
patents are the most expensive.
It can cost you nine, 10, 11, $12,000 to file a patent,
just to file it.
When it costs you how much?
Type in the chat how much it costs to file a copyright.
$65, exactly.
Only 65 bucks, right?
And then how much does it cost for a trademark,
to file a trademark?
What's the government fee?
250 or 350, exactly.
You see the difference here?
Like the attorneys are gonna end up charging you
about another maybe $800 to $1,500,
depending on what the law firm is
when you file a trademark, right?
On the copyright side, they might charge you,
I don't know, maybe three, 400 bucks,
maybe a little more depending on the complexity of the work.
On the patent side, $10,000, okay?
There's a lot of parts to a patent.
There's the title, cross-reference to related applications,
field of the invention, abstract, summary of the invention,
brief description of the drawings,
specimen, claims, drawings.
All those things are required for one patent application.
So they're expensive.
So you might be asking yourself, well, hold it.
I gotta start up here.
I can't afford to file a patent, Peter.
Like it's just, it's too expensive.
Like I can't afford $10,000 right now.
Well, the government knew that.
So what they did was they created a way around this.
So what they have is something called
a provisional patent application.
Just write that in your notes,
provisional, P-R-O-V-I-S-I-O-N-A-L, A-L, provisional.
A provisional patent application only requires title, description, and at least one drawing if necessary to understand the invention. Nothing else.
Do you see the difference? So it's not as long.
It's not as verbose.
But the provisional patent application does have to have a description that's detailed enough so that one of ordinary skill in the art can practice the invention.
So somebody in the field has to be able to practice the invention.
You can't go out there and say I've got new earbuds and the way they work is you take them out of the case and you stick them in your ear and now you can hear.
Period. Yeah, that's not a detailed description.
All right, you have to know the intricacies of how this thing works.
And actually put that all together in an actual patent application.
And that's all vital. In the provisional, that same description is necessary, but you don't need the background. You don't need the summary. You don't need the claims.
You don't need the cross reference to related applications. You don't need the brief description of the drawings. None of that.
So you can save money. So if you're starting out a company and you want to save some money, you might want to follow provisional.
So that is an option. It is something that you could potentially do.
Okay, now, if you want to determine whether or not you potentially infringe a patent, you look at what's called the claims.
They're called claims claims of the patent. Okay, so what I'm going to do right now is I'm going to do two things. One, I'm going to show you a patent.
And then number two is I'm going to show you how to do a quick search for logos.
So let me go into here. Close, close, open.
All right, here we go.
Okay, let's just grab a patent. I don't know. Let's do that.
Okay, see what it's called. Circuit board indicator. Perfect. I actually understand electrical engineering, so I can explain something to you.
So that works. All right, here we go. Okay, so I just went, I'm going to show you how to do a really quick patent search.
Okay, let me go back. No, I don't want to give you feedback. Thank you very much.
Alright, so if you start out here, search for patents.
Or if you just go to USPTO site and then go to patents and then search for patents so you go to USPTO.gov. Can anybody see the USPTO site right now.
Okay, great. So then you go into patents, search for patents.
Patent public search.
Patent public search tool.
Basic search. I would just use a basic search.
And you can come in here and you can type, you can look for a number of different things like the applicant's name, the title of the invention, you know, all sorts of things you could.
But what I'm going to do is just put in a patent number.
What do we get.
I don't like that one. Let's do another one.
Cardin for fragile article. I don't like that one either. How about that.
Fish lure. Perfect. Fish lure making system. Love it. Alright, so when you search you'll see on the bottom here it gives you the patent and it gives you a preview option or you can download the PDF.
I'm just going to click preview.
Actually, let me download the PDF real fast.
Here's a PDF. Can you guys see the PDF right now are you still looking at the USPTO website.
See PDF. Okay. All right, so this is the patent here.
You've got your title fish lure making system. If you go all the way to the end, I'm going to go all the way to the end of the pattern.
If you start at the end and you work backwards, you come to what are called the claims.
These are the claims. You see a number on them. It says I claim, and then there's a number.
number. Those are called the claims. So if you want to determine whether or not you infringe
a patent, and look, this is not legal advice. If you want to determine if you infringe a
patent, you just read this. And if you have everything that's within that list of the
claim, that means you infringe. It's that simple. Now, on the legal side, for guys like
myself, the legal analysis is very complex. But for you to just understand how it works,
what we do is we look at the claims, and we say, OK, well, do you have everything that's
in this claim? If you do, you essentially potentially infringe, and you need to do something
else. That's basically how patents work, and an infringement analysis works. It's a very
simplified way of saying that for you. But you'll notice in the patent, if I go back
to the top, you've got your title, Fish Lure Making System, your abstract, which is basically
a really quick description of what's here. You've got your drawings, which are next.
After drawings, there's your background of the invention. Here's your field of the invention.
Your brief description is going to be there. Your summary of the invention is here. All
the parts of the patent are here. Brief description of the drawings, detailed description. And
then finally, your claims at the end. So all patents have all those parts. Now, there
are certain people that don't use backgrounds. You technically don't have to add it, but
a lot of people do. Any questions on that so far on the patent side? Just on patents.
So that's the way patents work. Basically, they allow you to step others. You can't actually
do what's in it. You want to determine if you do what's in it, you do a clearance search.
If you want to determine whether or not you can actually get a patent on something, you
do what's called a patentability search. So clearance and patentability searches. That's
what you're doing to determine whether or not your method is unique, your product is
unique, your system is unique. That's what you actually will do.
I'm going to go now for the remainder of the time for the next, let's say, 10 minutes.
I'm going to show you guys how to do logo searching. Because people get this. This is
really difficult for a lot of people. So I just want to show you guys some ways to do
trademark searches for logos. And let me do this. Actually, let me ask you, do you guys
want to learn that? Do you guys want to learn how to do logo searches by a show of hands?
Yes, yes, yes. All right. That's a good number of you. Okay. So then I'll do that. I'll show
you guys how to do this. All right. So if I share my screen share. All right, great.
So if I go to trademarks, I go to searching, I click on the search bar. Again, we're not
going into the basic wordmark search because if you do, there's no option for searching
for logos. So you don't do that one. So get out of there and you go into this one. Word
or design mark search. You click on that. Okay. Now this is where it gets a little tricky.
And just to be clear, this is not 100% effective. I already told you that the USPTO website
in and of itself is not 100% effective, but especially when it comes to logo, it's not
100% effective, but it's a free tool. You may be able to get some ideas, knock some
things out pretty easily. So what you do is if you go down to, there's two things here.
There's description of the mark, there's design description, and there's a design code, right?
I tend to use the description of the mark or the design description. What the design
code is, is that after you file your trademark application, the United States Patent and
Trademark Office is going to assign a specific design code to your design. Okay. It's basically
a number. It's the field that it's actually associated with for your design. So every
one of you are going to get one if you file a logo. So what you want to do is you want to make
sure that you know whether or not what you're creating is already created. Why is this important?
How many people are using Mid-Journey by a show of hands? I knew Alina was. Yeah. All right. So
we had this talk, Alina. You're going to find out a lot about copyright law very soon.
So the
The way it actually works is Midjourney
is taking prior images.
And what it's doing, it's an AI platform, right?
And it creates images based on text that you write.
So you could ask it to create, as an example,
like a sunset with bluish water in the background,
a palm tree on an island with a hammock.
I guess you'd need actually two palm trees to put a hammock.
Hammock won't be very effective with one palm tree.
So two palm trees with a hammock in between it.
And you can specify two clouds on the left-hand side,
and this and that.
You get all this detail.
Then when you enter it, Midjourney
grabs from its own database and creates an image
and spits it out for you, OK?
Now, here's the issue, is that Midjourney is using content
that already exists.
It doesn't just create new things.
They use stuff that already exists as well.
So it may be using somebody else's copyrighted work,
all right?
There are lawsuits going on right now
against ChatGPT and others, against OpenAI and others.
Because what they did with these AI platforms
is that they scraped the data, or they scraped the images,
and they store them all.
And then they use them to create the results for you.
And so these people that actually
have copyrights to their legal works got mad and said,
hold it, you grabbed that stuff from my website
without my approval because you scraped all of the internet.
And you have all the things that were on the internet
all the way up into 2021 within your database.
Therefore, you committed copyright infringement.
So they're suing these companies.
So if you're using Midjourney to create logos
or to create images, just be careful, please,
about copyright infringement, all right?
Make sure you have a search done for the logo that's
created to make sure that you don't get sued for using what
was created by Midjourney or some of the other programs.
All right, so I'm going to look at, let's say,
description of the mark.
And then I'm going to type in over here, let's say,
lightning, right?
Let's just do that, lightning.
And if I submit a query, there's like 9,000 records.
If you look up here, there's a button that says image list.
You see that?
Click that.
Now, every single trademark that has a lightning bolt in it
is going to show up.
See them all?
They all have lightning in them.
I did something very broad, all right?
Now, why is that?
Like, why did that work?
Let me show you why.
If I click on, remember, you click on the number,
not on the image.
If I click on the number, when I go down to the description,
description of the mark, see that right here?
Description of the mark.
That is the description that was entered on this.
You see how it says the mark consists of an N shape
resembling a horizontal lightning bolt stacked
on top of the text Ninurta, right?
And so what that means for you is
that since you search for a lightning
bolt associated with the description of the mark,
you've actually got the logo.
And you know if it's a logo if it shows you an image here.
So you can just go down.
Now, you might be saying, Pete, this is crazy.
I can't go through 9,000 results.
And I would say to you, yeah, you're right.
You can't go through 9,000 results.
So now what you need to figure out
is some more stuff to enter to get less results.
So then you click the AND operator.
And let's say that what you want to cover is footwear.
So I come over here and I go footwear.
Oh, footwear is spelled wrong.
Footwear.
So if I want footwear, I go to the goods and services,
select on that, submit query.
Now I've got 390 records where there is footwear
with a lightning bolt on it.
I click on the image list.
And here we go.
Now I'm seeing, like, see the step in with the lightning
bolt, NBA, G League, Ignite.
There's the lightning bolt there.
So now I get an idea of these are all, this is all footwear.
That looks horrible.
A brain with two lightning bolts?
I don't know what.
That just looks horrible.
That designer, not so good.
All right, so if you go to Blitz,
like if I click on Blitz, and I go down and look
at the description of goods, there it is.
See how it says footwear right there?
There it is.
This is how you narrow your results.
If you don't narrow your results,
you're going to have a big problem.
You're going to end up with a ton of results.
Now, the good part is that since you're not paying anybody
to review the results, then it doesn't matter much
if you have a lot of results.
You can just sit back, watch Netflix, or read a book,
and then go back and look at a few things,
and then go back, and then go back a few times.
Something for you to remember, OK?
If you're using the USPTO website,
if you don't move the cursor or move something
within a certain amount of time, it freezes you out.
So if you just did a major, major project
and did a perfect search, and you
know all the criteria for it, make
sure you're like every minute going in here
and clicking a button, like even if you just got to go back
and then go forward.
Just do that to keep the USPTO believing that you're engaged.
Because if you don't, what happens
is you're going to get an error message when
you try to do anything, and it's going to make you start over.
And that, my friends, is like really annoying.
When you're like on a roll and everything's
working really well, and then all of a sudden
you get distracted, and you come back,
and like all your results are gone,
and you got to remember the search that you did,
that is really frustrating.
That's really frustrating, OK?
All right, so that's how I would do logo searches.
Now, if I want to determine if any of them are registered,
I just look in the results here, look at their registration
number, and I can see none of these are registered.
If there's a number, that means it was registered.
On the right-hand side, if it says dead,
that means that that registration or that application
has gone abandoned.
But again, it doesn't mean you can use it,
because you're going to use the wayback machine to determine
whether or not the other party is actually
continuing to use that stuff, OK?
I want to stop there, because I don't want to kind of overload
you guys with stuff.
That's how you can do a logo search.
You can actually watch the video.
And by watching the video, you will
be able to refresh yourself, and kind of look at it again,
and do the search very slowly.
And remember all the things that you need to do for this.
With that, this is what I want to do.
I want to end here.
Tomorrow is the last day, guys.
Tomorrow, we're going to bring everything together.
Patents, trademarks, copyrights.
We're going to go through a scenario together.
And I'm going to do a little more description
on a few more things.
And then we're going to close.
It's over.
It ends tomorrow for some of you.
Any of you that have any questions now,
I'm going to stay on here.
We're going to start VIP at 825.
So in 15 minutes, we're starting VIP.
If you have any questions whatsoever
about the Foundations in IP package,
or you're considering it and you haven't secured it yet,
or you don't know what to do, you're kind of on the edge,
just stay here for a few minutes.
And I'll be happy to talk to you, answer any questions,
figure out what we can do so we can help you guys.
Because I want to make sure that you guys are successful.
And once you guys are done with the network,
tomorrow it's over, unless you continue with us.
So with that, bless you guys.
Have a great night.
I'll stay on to answer any questions.
And then VIP, I'll see you guys at 15 minutes, which
will be 825.
We'll start at 825, OK?
All right, great.
And if you actually already got the Foundations in IP package,
you guys can jump off.
So I know some of you already did, so.
Anders, you're already covered.
How do I get back into the VIP one?
How do you get into VIP?
Yeah, I couldn't figure out, once this Zoom ended last night,
how to start the VIPs.
Did you purchase the VIP already?
Yeah.
All right, great.
Camilla, did you email me?
Yeah.
I sent you an email back about that.
There's a separate link.
A second link in your welcome email.
You have a separate link?
I mean, I didn't see that.
Can you just?
I'll send it to her.
Yeah, just send it directly to her.
I'm not a host, but I can tell you
the email has two different links
with two different colors.
And so the first color is this Zoom link.
You just go down in the email, and you'll
see a second Zoom link with a different number
and a different color.
Right, thanks, Anders.
Yeah, and if you have, did you send it to her already?
I'm sending it now.
All right, yeah.
Stay on so we make sure you have it.
So let's see.
Does anybody have any questions on anything
about the Foundations and IP package?
If nobody has any questions on the Foundations and IP package,
you guys can jump off.
And if you're on VIP, you can just see us at VIP at 825.
Otherwise, the people that are staying here,
I can explain more about it for you guys.
And Anders, I know you're already in it,
so I'll catch you in VIP, bro.
I got it.
You got it, great.
OK, good, good.
I'm glad.
That's awesome.
All right, let's see.
Susan, you're already in there.
Maria, Maria, I can see the top of your head.
Here, I'm going to hang out with you.
There she is.
Maria, what's up, baby?
How are you, Maria?
I'm good, thank you.
Good.
You have allergies?
Yeah, really bad right now.
This is the season for allergies right now.
It totally is, yeah.
Do you have any questions or anything?
Just like on patents, was today the only day?
I wasn't able to be here the first or second day,
but is today the only day that you talked about patents?
Because that was just my main thing.
Yeah, we were going to cover some more tomorrow as well.
Are you in VIP?
No, I'm not.
All right.
My husband's the only one here right now, so I can't get in.
Say that again?
She's serious.
We only have one income right now, so it's really hard.
But are you going to be doing another challenge any time
later in the year?
We're going to be changing the format likely,
so it won't be for a number of months until we do another one.
So we're trying to figure out if we're
going to micro-niche this thing down
to do one for patents, one for trademarks,
one for copyrights, or do we do one big one?
Or we're actually doing a re-evaluation
of a number of things.
So we're trying to figure that out right now.
So I'm not sure when the next one would be.
But if you have certain specific questions on patents,
then I would do the VIP and just go in there,
and you can ask any questions you want,
because we actually answer the questions directly in VIP.
Yeah.
And you're also going to get the recordings.
If you missed anything that you missed today or prior,
you're getting the recording for 30 days.
So you can actually watch those.
Well, and if you go VIP, you get the recordings for 90 days.
Right.
So all the recordings, not just VIP,
but you get the main session and the VIP for 90 days.
So you have all summer to memorize
every piece of Peter's brain.
Don't memorize everything.
Hopefully you have other things to do during the summer.
And then you can download it, and you can script it,
and send it up to ChatGPT, and then set yourself up
for a lawsuit.
Just kidding.
Oh my god, so bad.
I don't even know what that ChatGPT,
whatever thing you said it is.
I have no clue what that is.
Yeah, it's probably a good thing.
Yeah, that's not a bad thing that you don't use it.
Let me see if I'm going to get a job soon.
So I was thinking, that's why I was
asking if you're going to just do this challenge again,
and then I can wait.
Because I do have a product.
It's more of a good idea, and I know it's not out there,
because I've searched it for quite a few years.
And it's micro-niche to where it's only a certain couple,
certain people would purchase it, not everybody.
But I think it's a good thing.
But I know you said, fans would be like $8,000, $9,000,
$10,000, because I had already talked to an IP lawyer,
and they gave me a quota on how much.
And I was like, my gosh, I can't even do that.
So that's why I was wondering if you're
going to do it in a few months, maybe I can just
check back in then, and then join then.
Because I just can't do it right now.
Yeah, I mean, I can DM you separately,
and we can talk a little bit and see
if we can figure something out.
thing out for you. You know, because I mean, if you do have a
new technology, that you're looking at potentially
implementing, potentially selling potentially protecting,
that means it's not just the technology, you may also have
trademark issues, you may have other things that are associated
with what you're going to potentially sell. And that would
actually potentially implicate copyright issues and others. So
it'd be good for you actually have a really good structure
when you bring the thing to market, so you don't lose
things. Yeah. So right. Yeah. So and that's what we do in the IP
audit is we go through everything. But at the same
time, you know, well, you know what I'll do, I'll reach out to
you individually. And we'll talk a little bit and see if we can
figure something out. Okay.
Sounds good. Thank you so much.
You're so welcome.