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Hello, hello. Happy Friday. All right. Welcome to day five of the Protect Your Idea Challenge.

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It's Friday, so we kind of like get laid back, relax a little bit here. We're going to cover

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some important content, but at the same time, we're going to have a little fun. So how's

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everybody doing? Good. You guys have a good day? Wow. It's quiet. People are like tired.

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People are like, it's been a long week. I need a break. Yeah. Wow. All right. Let's

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give it a few minutes for people to get in. Hey, Coach Rob, how are you, buddy? Good to

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see you. Good to see you. Hey, Han. How are you, Han? Good to see you. Tanja, good to

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see you. And Debra, that amazing picture that she keeps up. It's good to see you. And Daphne.

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Awesome. Daphne, I left you a message just so you know. Jeff, good to see you.

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Let's see. Gloria is here. Rachel. Valerie Banks. Awesome. Patty. All right. Helene's in now.

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Okay. This is like Helene's day. She has patents, so she loves this. She loves this stuff. But we're

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not just going to cover patents today, just so everybody knows. We're going to go into detail

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on a number of different things. And then we're going to put it all together, because it's really

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important for you to see that in a normal business, how this all works together. So I'm going to give

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you an example, and we're going to walk through it literally step by step, so you can see how

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much you've learned in literally like five hours, which is pretty amazing. Because I mean,

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I went through three years of law school, five years of undergrad in electrical engineering,

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then went through all the other stuff, and you guys get to learn

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at least the most important issues associated with businesses within five hours, which is great.

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All right. Let's see. And Jennifer's here. Awesome. All right. I'll give it two more minutes,

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and then we'll jump in. So, hey, good to see you, Quinn. So anybody who has something to share,

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like if you have kind of like a revelation moment, as we've been going through this whole week,

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there's something that just as you think about it, you're like, wow, you know, this here,

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gold, like this right here, transform my business are really important. If you have one of those

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moments, just raise your hand if you want to share that with others, because your reflection

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on that actually will help other people as well. I can't stress that enough, because even in my own

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networks, when other people are talking about what they're doing in their own business,

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it helps everybody who's in the room. So let's see. Hey, Gloria. Good to see you.

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All right. We'll give it one more minute. Debra Anderson. Let's unmute.

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Hey. Hi. Hi, Peter and everybody.

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Hello. Yeah, I had a lot of aha moments, but the main one

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that I was looking for happened on yesterday regarding fair use. I'm an author, and I have

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and I have taken some quotes and cited the author for part of the part of the work. And so I don't

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believe that I'm creating. I'm not. I don't think I do. After listening to your explanation,

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having any copyright infringement issues, and that was a big, a big one for me. So thank you

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very much. Oh, that's great. I'm glad to hear that too. Because there's a lot of professionals

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in this group, Debra, like more so than typically we have a good number of people who are in

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business, but then we have a lot of people that are starting business here. We have a lot of people

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that are in business already. So it's a much higher caliber of business associates, so to speak,

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that are here that are actually implementing things. So that's a really good share,

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because the training, the hope is that it will provide clarity in what you're already doing,

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so you become more effective. So I'm glad to hear that you're able to implement that. Fair

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use is a really interesting area too. You never know 100% whether or not there's an issue.

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I've seen people that have fallen on the side of copying more of what other people are doing

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and using attributions and haven't gotten in trouble. Then I've seen people just use

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a small portion and they get smacked by the court. So it's, it's really is those four factors

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individually and digesting them and processing them and then saying, okay, where do you think

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the court's going to fall? I mean, I've been in federal district court in a lot of places,

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but in Massachusetts, I was in front of Chief Justice Saylor, a tremendous judge, like never,

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he never reveals the way that he's going. He's just the best poker player, very blank

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when you're in front of him. And he didn't become the chief justice until we were, we were actually

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in this case. And then he became chief justice of the Massachusetts federal district court,

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which is a very big deal. But I got to a point where I could kind of read him a little bit,

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and I could kind of lead him like in some of the, in some of the conversations, because I knew what

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he was looking for. So I would give him that information and guide them and guide them. And

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that really helped in the case. But, you know, that's kind of rare that you'll be able to

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kind of get a good, a good reading on a judge and kind of guide them. It's, it's not always the most

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effective way to, to do things. Usually you want really good case law on your hands and fair use.

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It's a tricky area, stuff on both sides. So thank you for your share. So let me go over to Quinn.

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Quinn is in the house. That's awesome. Let me bring Quinn up.

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I also want to make you co-host, I can help you too, Peter.

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Thank you. Let me make you, oh, you just moved on my screen. You were right next to me and then

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you moved. So let me grab you. She keeps moving on my screen. This is crazy. That's how I roll.

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Yeah, apparently. All right. You're co-host now. Great. So Quinn, how are you?

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I'm good. I'm blessed. Excellent. Love to say that. Blessed and highly favored. That's good.

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Yes, sir. Good. So the takeaways from this week, Section 1B for Entry Marks.

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So I learned trademarks back in, so that was the night in my early, no, late teens, early twenties.

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I should tell myself how to actually do a copyright. I've asked so many people. They was

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like, yeah, you just go and mail out a slip. And I'm like, we're in the age of technology. I think

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it's a little bit easier than that nowadays to do, as opposed to filling out the paperwork and

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mailing it out. So once I started playing around, learning that, I was like, okay, cool. So years

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later, when you was doing this class, I was like, oh, let me get into it so I can learn a little

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much more deeper. Because Section 1B and the international search part of it, I didn't know

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as much. International class, there we go. So once I started looking into that more, I'm like,

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okay, I said everything from back in the days, now I'm clicking much more better.

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I said, now I'm going to start putting the ideas that I have. Because at LLC,

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this solved it, because I earned Californians about $800, you know, like a year. So I was like,

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let me not dive into this yet. Let me put this aside for the time being. But there's

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a different business I want to bring back up. So to do this course and learn from the best of the

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best. I'm like, oh, thank you. And tap in, learn more of the stuff first, and then get right back

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and say, okay, let's put these businesses in order. And the other thing as well, too,

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which you mentioned earlier with the fair use, and the four pillars of it, I said, okay, glad

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that you talked about that. Because now I get to deeper dive into each and every one of them get a

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better understanding. Not for myself, but for my team that I'm teaching now. You know, it's also,

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hey, before y'all do anything that y'all say is cool, learn the steps first.

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Yes, come on. I mean, I want to applaud you, because like, you've been very active every

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single day. I've been watching your videos. I've been watching the text that you put down. And

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so you can see how you're implementing it and, and have a feeling like you're not just,

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you're not individuals just trying to build something for yourself, you're building for

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others as well. And so there's a lot of people are going to be flocking around you and learning

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from your elevated level of knowledge, which is just phenomenal. So I just applaud you for

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how active you've been in this. And it's been a true honor, like serving you this week. I've

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really enjoyed having you here. So thanks for being here. It's good to be here. Everybody as

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well, too. Absolutely, absolutely. All right, well, let me do this. What I'm going to do now

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is I'm going to start jumping in to patent law. Okay. Now what we've covered so far is we have

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covered trademark law, we have covered copyright law, you see the similarities between the two,

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you see the dissimilarities between the two. Well, there's another body of law that's called

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patent law. Now in the area of patent law, what what you can do with patents,

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is that you can stop others from making, using, selling,

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or importing your technology.

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Okay, so making, using, selling, or importing.

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Those are the legal rights that you get.

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But remember that the legal right that you're obtaining

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through a patent is a right to exclude others,

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to stop others.

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It's not giving you a right to do anything.

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People get this wrong all of the time.

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Like every single time I do this training,

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people have, there's this belief that if I get a patent,

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then I can actually make the product,

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or I can use the method.

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That is not true.

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That is not what patents do.

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Patents allow you to stop others.

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Okay, if you wanna determine whether or not

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you can create the invention in the patent,

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or use the method in the patent,

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what you wanna do is what's called a clearance search.

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Clearance, all right, C-L-E-A-R-A-N-C-E, clearance search.

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That's what you wanna do to determine whether or not

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you can actually do what you wanna do.

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So as an example, let's say you have a new invention,

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and your new invention is this really cool headset here.

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This is your invention.

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So here's your headset, and in your headset underneath it,

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there's this piece here for the mic, right?

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And the mic can just plug in.

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This goes right into its slot at some point.

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There you go, and you plug it in.

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And now, let's assume that capability did not exist before.

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This invention, you wanna actually make you sell

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or import it yourself.

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If you want to do that, what you need to do

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is you need to do a clearance search

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to see if there's a patent out there

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that talks about a headset having a removable mic,

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something like that.

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Then you would look at the claims of the patent

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to determine whether or not

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you might potentially infringe that patent.

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Just gonna turn everything off so nobody can ping me.

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There we go, good, all right.

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So now, now that you've done a clearance search,

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you've determined that if I make this, if I sell this,

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I won't potentially be sued.

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That's what you're trying to figure out, all right?

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So that's called a clearance search.

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You need to do a clearance search, okay?

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Having a patent doesn't mean you can make anything.

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Having a patent means you can stop others

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from making, using, selling, or importing.

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Now, another thing that's really important

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to know about patents is that what they do

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is that they have a lot of different parts.

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There are, hey, Ray, can you do me a favor?

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Just keep your eye on the waiting room

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because Steve keeps popping up over and over,

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but he's not connecting for some reason.

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I don't know why.

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Yeah, I keep letting him in, too.

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Yeah, I think he's having a connection issue on his side.

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So just police that because I want to focus on everybody.

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All right, so what you want in the claims of your patents,

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let me tell you about all the parts of a patent.

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There is the title.

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There's something called the cross-reference

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to related applications.

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So if you file a first patent

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and then you file a second one

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relying upon the first patent,

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then that's called, what you want to do is file

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what's called a cross-reference to related applications.

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So you're going to cite to the earlier patent

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if you're relying upon the following date there.

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I'll explain that in a moment.

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But as far as patents go,

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there's the title, cross-reference to related applications.

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There's a section called the field of the invention.

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There's a section called the background of the invention.

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Then there's another section

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called the brief summary of the invention.

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Then there's the brief description of the drawings.

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The summary is also called just summary.

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It doesn't always have to be a brief summary.

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A lot of times it's just called summary.

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Then there's the detailed description.

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Then there are the claims.

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Then there's the abstract.

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Like there's a lot of parts to a patent, okay?

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The claims, just remember this,

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the claims of the patent dictate

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how much coverage you have with your patent.

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So I'm going to give you an example.

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If I write a patent on a bicycle,

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it might say in a claim,

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a riding apparatus comprising a center mass,

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at least two wheels rotatably connected to the center mass,

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a steering mechanism,

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connected to a first of at least two wheels, a seat removably connected to the center mass.

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Those might be elements of the claim of the patent.

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Now, in that claim, I didn't mention a chain.

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I didn't mention pedals.

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I didn't mention a horn.

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So that means that that claim is very broad.

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There's a lot of things that could potentially infringe what I just said.

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A motorcycle would infringe that patent, right?

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A moped would infringe that patent because those claims are really broad.

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Now, if in the claims, I also added something like at least two pedals, having a chain connected

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to a mechanism for harnessing power from the pedals as someone applies pressure to the

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pedals, now I'm making the claim more narrow, more narrow.

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There's less of a chance of somebody infringing your patent if it has a lot, a lot, a lot

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of different limitations.

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Why am I telling you this?

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If you ever hire a patent attorney to draft the patent for you, look at your claims.

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See if they're really, really, really long.

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If your claim is like a page and a half long, the chances of your patent being valuable

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is very low.

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The more words that are in the claims of your patent or the more limitations in the

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claims of your patent, the less value your patent will likely have.

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00:16:30.880 --> 00:16:36.840
The less number of limitations in your claims, the more value because your patent becomes

221
00:16:36.840 --> 00:16:37.840
broader.

222
00:16:37.840 --> 00:16:42.240
So with that, let me give you a real practical example because I'm all about practical examples

223
00:16:42.240 --> 00:16:43.840
in case you haven't figured this out yet.

224
00:16:43.840 --> 00:16:47.480
So here's a practical example.

225
00:16:47.480 --> 00:16:49.600
You have two options.

226
00:16:49.600 --> 00:16:58.720
You can own the patent on a stool, which has three legs and a base, or you can own

227
00:16:58.720 --> 00:17:06.560
the patent on a chair, which has four legs, a base, and a back.

228
00:17:06.560 --> 00:17:12.160
So in the chat, I want you to type, if you want the patent on the stool, type the number

229
00:17:12.160 --> 00:17:13.160
one.

230
00:17:13.160 --> 00:17:17.160
If you want the patent on the chair, type the number two.

231
00:17:17.160 --> 00:17:23.200
So I want to see what you put in the chat, and so everybody should vote on this.

232
00:17:23.200 --> 00:17:24.200
So we've got stools.

233
00:17:24.200 --> 00:17:25.200
We've got chairs.

234
00:17:25.200 --> 00:17:26.200
Yep.

235
00:17:26.200 --> 00:17:27.200
Keep it going.

236
00:17:27.200 --> 00:17:29.520
I want everybody to volunteer with this.

237
00:17:29.520 --> 00:17:32.920
And remember, you're in a learning environment, so don't worry about getting things wrong.

238
00:17:32.920 --> 00:17:36.920
In case you haven't figured that out, nobody is getting made fun of here.

239
00:17:36.920 --> 00:17:38.160
This is a learning environment.

240
00:17:38.160 --> 00:17:48.640
So we've actually got about an even number between 1s and 2s, and then we've got a bunch

241
00:17:48.640 --> 00:17:51.160
of 1s that are at the end here.

242
00:17:51.160 --> 00:17:52.160
OK.

243
00:17:52.160 --> 00:17:53.160
OK.

244
00:17:53.160 --> 00:17:54.160
All right.

245
00:17:54.160 --> 00:17:58.160
And stool, because it's more general and encompassing, question mark.

246
00:17:58.160 --> 00:17:59.160
Yeah.

247
00:17:59.160 --> 00:18:00.160
OK.

248
00:18:00.160 --> 00:18:01.160
All right.

249
00:18:01.160 --> 00:18:02.440
So let's go into this in detail.

250
00:18:02.440 --> 00:18:06.320
A base and three legs is what's in a stool.

251
00:18:06.480 --> 00:18:11.520
So does a chair have at least a base and three legs?

252
00:18:11.520 --> 00:18:12.520
Yes or no?

253
00:18:12.520 --> 00:18:14.440
It does, right?

254
00:18:14.440 --> 00:18:22.120
So if you own the patent on the stool, you can stop people from making the stool, and

255
00:18:22.120 --> 00:18:24.400
you can stop people from making the chair.

256
00:18:24.400 --> 00:18:27.480
Do you see that?

257
00:18:27.480 --> 00:18:32.400
If you own the patent on the chair, you can only stop people from making the chair.

258
00:18:32.480 --> 00:18:37.440
Now, you may also be able to stop people from making a sofa, because a sofa is a form of

259
00:18:37.440 --> 00:18:38.440
a chair.

260
00:18:38.440 --> 00:18:41.480
There's at least a base, four legs, and a back, right?

261
00:18:41.480 --> 00:18:46.920
So you could probably stop people from making a loveseat, making all sorts of different

262
00:18:46.920 --> 00:18:51.040
types of chairs or couches or loveseats.

263
00:18:51.040 --> 00:18:58.880
So the patent on the chair is valuable, but the patent on the stool is even more valuable.

264
00:18:58.880 --> 00:19:04.920
The more things that you can stop with your patent, the higher the value goes.

265
00:19:04.920 --> 00:19:07.800
So just keep that in mind.

266
00:19:07.800 --> 00:19:09.920
Is everybody with me so far?

267
00:19:09.920 --> 00:19:10.920
Okay.

268
00:19:10.920 --> 00:19:15.000
So again, a patent allows you to stop others from making, using, selling, or importing.

269
00:19:15.000 --> 00:19:19.760
If you want to determine if you can make a product or service, do a clearance search.

270
00:19:19.760 --> 00:19:23.480
If you want to determine whether or not you can file a patent on something, you can do

271
00:19:23.480 --> 00:19:27.800
what's called a patentability search.

272
00:19:27.800 --> 00:19:30.880
So it's a patentability search.

273
00:19:30.880 --> 00:19:35.560
And in that process, what they'll do is they'll look for any publications that kind of describe

274
00:19:35.560 --> 00:19:36.560
what you have.

275
00:19:36.560 --> 00:19:40.560
And if there are publications that describe what you have, you know that you shouldn't

276
00:19:40.560 --> 00:19:46.520
file a patent on it, because you'll never get a patent, because it's already existed.

277
00:19:46.520 --> 00:19:47.520
All right.

278
00:19:47.520 --> 00:19:52.320
Now, there's different things that I'm not going to go into, like Section 102, Section

279
00:19:52.320 --> 00:19:56.440
103, Section 102B, and like novelty and obviousness.

280
00:19:56.440 --> 00:19:58.680
I'm not going to go into all of that.

281
00:19:58.680 --> 00:19:59.960
I think what's more important is the...

282
00:20:00.000 --> 00:20:02.440
make sure that you understand if you have,

283
00:20:02.440 --> 00:20:04.760
like, what is protectable under patent law?

284
00:20:04.760 --> 00:20:09.760
You can protect a system, a method, an apparatus, a design.

285
00:20:11.880 --> 00:20:14.080
If you can asexually reproduce a plant,

286
00:20:14.080 --> 00:20:17.280
you can file a plant patent

287
00:20:17.280 --> 00:20:19.400
on an asexual reproduction of plants.

288
00:20:19.400 --> 00:20:21.240
Hey, go crazy, all right?

289
00:20:21.240 --> 00:20:23.080
If that's what you can do.

290
00:20:23.080 --> 00:20:26.800
And all right, here,

291
00:20:26.800 --> 00:20:31.800
for a second gift card,

292
00:20:33.040 --> 00:20:35.040
somebody type in the chat,

293
00:20:35.040 --> 00:20:38.560
a company that has patents

294
00:20:38.560 --> 00:20:40.880
on asexually reproducing plants.

295
00:20:43.160 --> 00:20:45.320
I want you to think about this.

296
00:20:45.320 --> 00:20:49.920
What's a company that has been genetically,

297
00:20:49.920 --> 00:20:51.040
I'll just say the word genetic,

298
00:20:51.040 --> 00:20:51.960
that's all I'm gonna say.

299
00:20:51.960 --> 00:20:54.080
Yup, Misanto, that's right.

300
00:20:54.080 --> 00:20:57.120
So, Latanya, you're gonna get

301
00:20:57.120 --> 00:21:00.360
the second $100 gift card, okay?

302
00:21:00.360 --> 00:21:01.960
So, Daphne got the first one,

303
00:21:01.960 --> 00:21:03.560
you'll get the second one, okay?

304
00:21:03.560 --> 00:21:05.840
So, you're so welcome.

305
00:21:05.840 --> 00:21:08.400
Yeah, so here's the deal.

306
00:21:08.400 --> 00:21:10.600
What Monsanto figured out how to do,

307
00:21:10.600 --> 00:21:11.840
and a number of other companies,

308
00:21:11.840 --> 00:21:13.920
is they learned how to genetically modify plants.

309
00:21:13.920 --> 00:21:15.680
And so, when they get to the point

310
00:21:15.680 --> 00:21:18.960
where they can create something,

311
00:21:18.960 --> 00:21:21.360
they'll file a patent on that genetic modification.

312
00:21:21.360 --> 00:21:22.560
Now, nobody else can make

313
00:21:22.560 --> 00:21:24.720
that same genetic modification.

314
00:21:24.720 --> 00:21:25.800
You see that?

315
00:21:25.800 --> 00:21:28.640
That's how asexual reproduction of plants is done,

316
00:21:30.040 --> 00:21:33.800
which is not the best thing in the world, not at all.

317
00:21:33.800 --> 00:21:37.400
So, all right, so with that being known,

318
00:21:39.000 --> 00:21:42.800
you can protect, again, an apparatus like this mic,

319
00:21:42.800 --> 00:21:44.360
you can protect the system,

320
00:21:44.360 --> 00:21:47.640
which is the mic, the headset with the mic.

321
00:21:47.640 --> 00:21:48.960
You can protect the method,

322
00:21:49.000 --> 00:21:53.240
which is the method of getting audio into my head

323
00:21:54.880 --> 00:21:58.560
using this headset, which is one of my favorite headsets.

324
00:21:58.560 --> 00:22:00.400
I use it for gaming, actually.

325
00:22:00.400 --> 00:22:01.520
I still game.

326
00:22:01.520 --> 00:22:05.360
I've been gaming for like 30 something years.

327
00:22:05.360 --> 00:22:06.760
That is crazy.

328
00:22:06.760 --> 00:22:08.000
I'm still a gamer.

329
00:22:08.000 --> 00:22:08.920
My wife loves it.

330
00:22:08.920 --> 00:22:10.560
She'll come in and just watch me do gaming.

331
00:22:10.560 --> 00:22:12.400
So, it's how I relax.

332
00:22:12.400 --> 00:22:15.720
But you can protect the system, the method.

333
00:22:15.720 --> 00:22:18.600
So, let's say you have a new way of doing business.

334
00:22:19.240 --> 00:22:21.560
That way that you do business may, in fact,

335
00:22:21.560 --> 00:22:24.240
now I can let my son off the hook, Peter.

336
00:22:25.240 --> 00:22:27.360
Yeah, that's exactly right, Daphne.

337
00:22:27.360 --> 00:22:28.600
Like my parents used to say,

338
00:22:28.600 --> 00:22:29.800
no, no, don't do gaming.

339
00:22:29.800 --> 00:22:31.800
You're not gonna do well in school, blah, blah, blah.

340
00:22:31.800 --> 00:22:32.800
I said, really?

341
00:22:34.200 --> 00:22:35.040
Really?

342
00:22:36.680 --> 00:22:39.120
Anyways, we don't have that conversation anymore.

343
00:22:40.640 --> 00:22:43.840
But you can own many different things through a patent.

344
00:22:43.840 --> 00:22:45.400
Now, here's the thing.

345
00:22:45.440 --> 00:22:49.160
Patents are the most expensive

346
00:22:49.160 --> 00:22:52.000
of all the areas obtaining legal rights.

347
00:22:52.920 --> 00:22:55.040
They are the most expensive.

348
00:22:55.040 --> 00:22:56.880
Copyrights are the least expensive.

349
00:22:56.880 --> 00:23:01.280
Trademarks are the next when it comes to expensiveness.

350
00:23:01.280 --> 00:23:03.760
Patents are the most expensive.

351
00:23:03.760 --> 00:23:05.600
I have written patents for people

352
00:23:05.600 --> 00:23:09.200
that were like 27, $28,000.

353
00:23:09.200 --> 00:23:11.680
I wrote a patent for somebody in artificial intelligence

354
00:23:11.680 --> 00:23:14.240
that was 200 and something pages long.

355
00:23:14.240 --> 00:23:15.320
It was a book.

356
00:23:16.240 --> 00:23:18.000
It was a book upon a book.

357
00:23:18.000 --> 00:23:19.680
And we ended up having to split that

358
00:23:19.680 --> 00:23:21.840
into multiple different patents

359
00:23:21.840 --> 00:23:23.520
because the USPTO came back.

360
00:23:23.520 --> 00:23:25.040
The United States Patent and Trademark Office

361
00:23:25.040 --> 00:23:25.880
came back and said,

362
00:23:25.880 --> 00:23:28.280
hey, you've actually got multiple inventions here.

363
00:23:28.280 --> 00:23:30.680
So he actually got a ridiculous discount

364
00:23:30.680 --> 00:23:33.200
because it got turned into four patents for him.

365
00:23:33.200 --> 00:23:34.960
And typically a patent in software

366
00:23:34.960 --> 00:23:38.000
costs between 12 to $13,000.

367
00:23:38.000 --> 00:23:39.920
So he ended up saving a ton of money

368
00:23:39.920 --> 00:23:42.160
because we filed it all as one application.

369
00:23:42.160 --> 00:23:44.360
He just split it into others afterwards

370
00:23:44.360 --> 00:23:46.200
using what's called a continuation.

371
00:23:46.200 --> 00:23:47.240
You don't need to know that.

372
00:23:47.240 --> 00:23:50.960
The whole point of this is that patents are expensive.

373
00:23:50.960 --> 00:23:52.960
So the government said,

374
00:23:52.960 --> 00:23:55.640
well, okay, if patents are that expensive,

375
00:23:55.640 --> 00:24:00.640
how can we set up a way for people to protect their rights?

376
00:24:00.640 --> 00:24:02.920
And at the same time,

377
00:24:02.920 --> 00:24:04.320
how do we make this available

378
00:24:04.320 --> 00:24:05.680
when they don't have a lot of money yet

379
00:24:05.680 --> 00:24:07.640
because it's a startup?

380
00:24:07.640 --> 00:24:10.480
Or they've got five different ideas

381
00:24:10.480 --> 00:24:14.560
and they don't want to spend $10,000 per idea,

382
00:24:14.560 --> 00:24:17.320
thereby spending $50,000.

383
00:24:17.320 --> 00:24:19.240
They want to spend less.

384
00:24:19.240 --> 00:24:21.280
How can we make it so that

385
00:24:21.280 --> 00:24:26.280
they can basically stake their claim to an invention

386
00:24:26.480 --> 00:24:29.520
and then within a year, test the market,

387
00:24:29.520 --> 00:24:31.640
do all sorts of really cool stuff.

388
00:24:31.640 --> 00:24:33.080
And at the end of that year,

389
00:24:33.080 --> 00:24:35.360
make a decision as to whether or not

390
00:24:35.360 --> 00:24:40.280
they want to file a full blown patent, all right?

391
00:24:41.120 --> 00:24:41.960
So what I want you to realize

392
00:24:41.960 --> 00:24:43.200
is that the way that you do that

393
00:24:43.200 --> 00:24:46.680
is through what's called a provisional patent.

394
00:24:46.680 --> 00:24:48.440
It's called provisional patent,

395
00:24:49.400 --> 00:24:54.400
P-R-O-V-I-S-I-O-N-A-L, provisional patent, okay?

396
00:24:57.400 --> 00:25:00.040
Provisional patents only require

397
00:25:00.000 --> 00:25:02.260
some kind of detailed description,

398
00:25:03.160 --> 00:25:04.360
and at least one drawing

399
00:25:04.360 --> 00:25:06.340
if necessary to understand the invention.

400
00:25:06.340 --> 00:25:07.920
And then you've got to put a title on it to it.

401
00:25:07.920 --> 00:25:11.340
So it really only requires like three parts.

402
00:25:11.340 --> 00:25:12.440
That's it.

403
00:25:12.440 --> 00:25:14.100
But remember the utility patent,

404
00:25:14.100 --> 00:25:16.300
you had cross-reference related applications,

405
00:25:16.300 --> 00:25:17.940
fill the invention,

406
00:25:17.940 --> 00:25:18.980
background of the invention,

407
00:25:18.980 --> 00:25:19.960
summary of the invention,

408
00:25:19.960 --> 00:25:21.020
brief description of drawings,

409
00:25:21.020 --> 00:25:21.860
detailed description,

410
00:25:21.860 --> 00:25:23.580
abstract claims and drawings.

411
00:25:24.620 --> 00:25:28.420
Provisional, you only need title,

412
00:25:28.420 --> 00:25:30.080
detailed description,

413
00:25:30.080 --> 00:25:31.200
and at least one drawing

414
00:25:31.200 --> 00:25:32.840
if necessary to understand the invention.

415
00:25:32.840 --> 00:25:33.840
You don't even need claims.

416
00:25:33.840 --> 00:25:34.760
You don't need an abstract,

417
00:25:34.760 --> 00:25:35.600
no summary.

418
00:25:35.600 --> 00:25:36.600
You don't need a background.

419
00:25:36.600 --> 00:25:38.040
You don't need any of that stuff.

420
00:25:38.040 --> 00:25:39.960
So you can save money by filing

421
00:25:39.960 --> 00:25:43.300
what's called a provisional patent application.

422
00:25:43.300 --> 00:25:44.460
Just keep that in mind.

423
00:25:45.720 --> 00:25:47.200
So if you're just starting out

424
00:25:47.200 --> 00:25:48.040
and you're thinking,

425
00:25:48.040 --> 00:25:48.860
oh my gosh,

426
00:25:48.860 --> 00:25:50.320
I got to stake a claim to this stuff,

427
00:25:50.320 --> 00:25:53.760
but I want to see if I can get some financing

428
00:25:53.760 --> 00:25:55.000
behind my invention.

429
00:25:55.000 --> 00:25:57.640
I'm going to approach some angel investors

430
00:25:57.640 --> 00:26:00.540
and see if somebody will throw $250,000

431
00:26:00.540 --> 00:26:03.660
or even $100,000 into my company,

432
00:26:04.700 --> 00:26:05.540
then you're going to want

433
00:26:05.540 --> 00:26:08.140
to file a provisional patent application

434
00:26:08.140 --> 00:26:10.740
because that will hold the time for you.

435
00:26:10.740 --> 00:26:13.620
Yeah, I'll explain what patent pending is in one minute.

436
00:26:13.620 --> 00:26:14.620
Good question, Jeff.

437
00:26:14.620 --> 00:26:16.820
And Jennifer alluded to this as well.

438
00:26:16.820 --> 00:26:19.580
So provisional patents,

439
00:26:19.580 --> 00:26:21.180
the reason why you want to at least

440
00:26:21.180 --> 00:26:22.300
file a provisional patent

441
00:26:22.300 --> 00:26:24.020
before you disclose anything

442
00:26:24.020 --> 00:26:26.980
is because in the United States,

443
00:26:27.040 --> 00:26:29.720
there are three statutory bars.

444
00:26:30.560 --> 00:26:32.980
If you violate any one of the next three

445
00:26:32.980 --> 00:26:35.120
that I'm going to mention to you,

446
00:26:35.120 --> 00:26:37.720
your invention is considered donated to the public.

447
00:26:37.720 --> 00:26:38.800
That means it's gone.

448
00:26:38.800 --> 00:26:40.260
You can't own it.

449
00:26:40.260 --> 00:26:41.880
You basically spend all your time

450
00:26:41.880 --> 00:26:44.000
and money developing something

451
00:26:44.000 --> 00:26:46.040
that now belongs to everybody else.

452
00:26:49.560 --> 00:26:51.220
That's a really big deal.

453
00:26:52.860 --> 00:26:54.660
There was a company,

454
00:26:54.660 --> 00:26:56.560
a pharmaceutical company,

455
00:26:57.140 --> 00:26:59.300
that came up with a brand new drug.

456
00:26:59.300 --> 00:27:02.300
Pharmaceutical companies spend a lot of money

457
00:27:02.300 --> 00:27:04.340
doing FDA testing,

458
00:27:04.340 --> 00:27:07.000
trying out different types of drugs.

459
00:27:07.000 --> 00:27:09.500
They'll go after like 10 different drugs,

460
00:27:09.500 --> 00:27:11.140
and then they'll narrow it down to two

461
00:27:11.140 --> 00:27:13.700
that they think are most likely to be successful.

462
00:27:13.700 --> 00:27:15.400
Then they'll do all the testing on them

463
00:27:15.400 --> 00:27:19.000
over like five, six, 10 years.

464
00:27:19.000 --> 00:27:20.900
Then they'll seek FDA approval.

465
00:27:20.900 --> 00:27:23.540
So like after 17 years,

466
00:27:23.540 --> 00:27:27.140
they've got a drug that they can actually market,

467
00:27:27.140 --> 00:27:29.840
and it's one drug when they started out with 10.

468
00:27:29.840 --> 00:27:31.840
So they spent a lot, a lot,

469
00:27:31.840 --> 00:27:35.720
and I'm not endorsing pharmaceutical companies.

470
00:27:35.720 --> 00:27:38.560
I'm just telling you how this works, okay?

471
00:27:38.560 --> 00:27:40.460
So with that being the case,

472
00:27:42.520 --> 00:27:45.320
this is a real life situation that happened.

473
00:27:45.320 --> 00:27:47.720
Pharmaceutical company came out with a new drug.

474
00:27:48.600 --> 00:27:52.000
They decided that they were going to file a patent on it,

475
00:27:52.020 --> 00:27:54.540
but before they filed a patent on it,

476
00:27:54.540 --> 00:27:56.540
one of their representatives went to a trade show,

477
00:27:56.540 --> 00:27:58.180
and at the trade show,

478
00:27:58.180 --> 00:28:01.620
they gave all the information about the drug,

479
00:28:03.420 --> 00:28:05.500
the compositions of the drug.

480
00:28:05.500 --> 00:28:09.400
They offered it for sale, for bulk purchases,

481
00:28:10.220 --> 00:28:14.100
as they were going into the actual process

482
00:28:14.100 --> 00:28:19.100
of creating large numbers for sales to different locations,

483
00:28:19.920 --> 00:28:21.880
and they hadn't filed a patent yet.

484
00:28:23.280 --> 00:28:28.160
So time goes on, about two, three years later,

485
00:28:28.160 --> 00:28:30.740
somebody at the pharmaceutical company goes,

486
00:28:30.740 --> 00:28:32.620
you know, we need to file a patent on this.

487
00:28:32.620 --> 00:28:34.180
Like, yeah, you nailed it.

488
00:28:34.180 --> 00:28:36.040
Somebody got fired, yeah.

489
00:28:36.040 --> 00:28:38.120
And it was this guy that I'm talking about.

490
00:28:38.120 --> 00:28:40.480
So this guy went to the trade show,

491
00:28:40.480 --> 00:28:44.880
had not received permission from the company to do this,

492
00:28:44.880 --> 00:28:45.960
just wanted to market it

493
00:28:45.960 --> 00:28:47.680
because he was part of the marketing team.

494
00:28:47.680 --> 00:28:49.820
So he wanted the company to look good.

495
00:28:49.820 --> 00:28:51.160
But what he did when he did that

496
00:28:51.160 --> 00:28:54.700
was he publicly disclosed what the invention was,

497
00:28:54.700 --> 00:28:56.800
and he offered the drug for sale.

498
00:28:57.940 --> 00:29:02.540
So that started the bar in the United States

499
00:29:02.540 --> 00:29:04.380
for the on-sale bar.

500
00:29:04.380 --> 00:29:06.300
It's called the on-sale bar.

501
00:29:06.300 --> 00:29:08.500
If you offer your invention for sale,

502
00:29:08.500 --> 00:29:10.980
and your invention is substantially complete,

503
00:29:11.980 --> 00:29:14.220
okay, or like it is,

504
00:29:14.220 --> 00:29:18.000
think of you have AutoCAD drawings.

505
00:29:18.000 --> 00:29:20.920
If you have AutoCAD drawings for your apparatus,

506
00:29:20.920 --> 00:29:22.280
or you've made a prototype,

507
00:29:23.160 --> 00:29:25.120
that thing is ready for patenting.

508
00:29:25.120 --> 00:29:27.380
Like, it's ready for patenting.

509
00:29:27.380 --> 00:29:30.600
So if the invention is essentially ready for patenting,

510
00:29:30.600 --> 00:29:33.720
and you make a commercial offer for sale,

511
00:29:33.720 --> 00:29:36.520
and just be clear, a commercial offer for sale

512
00:29:36.520 --> 00:29:39.140
doesn't even need to be in writing.

513
00:29:39.140 --> 00:29:41.720
I can make a commercial offer for sale to Daphne right now,

514
00:29:41.720 --> 00:29:43.040
just because I like her.

515
00:29:43.060 --> 00:29:46.700
Like, hey, Daphne, this headset here is one of my favorite,

516
00:29:46.700 --> 00:29:48.340
been using it for gaming.

517
00:29:48.340 --> 00:29:50.300
Like, I'm gonna sell it to you for 10 bucks.

518
00:29:50.300 --> 00:29:52.220
That's an offer for sale.

519
00:29:52.220 --> 00:29:54.220
And it's even recorded, right?

520
00:29:54.220 --> 00:29:56.600
Because we're recording this whole thing.

521
00:29:56.600 --> 00:29:59.300
So it doesn't necessarily have to be in writing.

522
00:29:59.300 --> 00:30:00.140
On top of that-

523
00:30:00.000 --> 00:30:02.680
The inventor doesn't have to be the one

524
00:30:02.680 --> 00:30:04.000
who offers it for sale.

525
00:30:05.120 --> 00:30:08.480
It can actually be a member of your company

526
00:30:08.480 --> 00:30:11.240
that offers it for sale without your permission.

527
00:30:12.400 --> 00:30:14.440
This is why it's so vital to make sure

528
00:30:14.440 --> 00:30:17.480
your marketing team understands what I'm teaching you here.

529
00:30:18.680 --> 00:30:21.760
You should be taking this training that I'm doing

530
00:30:21.760 --> 00:30:22.960
and you should be talking,

531
00:30:22.960 --> 00:30:24.600
like have a meeting with your marketing team

532
00:30:24.600 --> 00:30:27.160
and say, hey, guys, gals,

533
00:30:27.160 --> 00:30:28.740
let me talk to you about a number of things

534
00:30:28.740 --> 00:30:31.140
that I learned over the last week.

535
00:30:31.140 --> 00:30:32.580
Number one, trademarks this.

536
00:30:32.580 --> 00:30:34.060
Number two, copyrights that.

537
00:30:34.060 --> 00:30:36.420
Number three, patents this.

538
00:30:36.420 --> 00:30:39.380
I wanna make sure that all of you are up to speed on this

539
00:30:39.380 --> 00:30:42.180
because I don't wanna lose stuff from the company.

540
00:30:42.180 --> 00:30:44.620
I don't want you using stuff that belongs to other people

541
00:30:44.620 --> 00:30:46.420
and I get sued.

542
00:30:46.420 --> 00:30:48.820
And I don't wanna be in a situation

543
00:30:48.820 --> 00:30:50.660
where the value of my company decreases.

544
00:30:50.660 --> 00:30:52.340
It should be going up.

545
00:30:52.340 --> 00:30:54.300
Like you're brilliant in your ingenuity

546
00:30:54.940 --> 00:30:58.860
as marketers and as engineers and as creators

547
00:30:58.860 --> 00:31:00.780
should be something that I can monetize

548
00:31:00.780 --> 00:31:03.660
and make more money, not become more vulnerable.

549
00:31:03.660 --> 00:31:05.480
And that's why you wanna explain to them

550
00:31:05.480 --> 00:31:07.400
what you're learning in IP right now.

551
00:31:08.660 --> 00:31:11.380
So in that situation,

552
00:31:11.380 --> 00:31:13.980
since he offered the invention for sale,

553
00:31:15.220 --> 00:31:17.420
three years later, they file a patent on it,

554
00:31:17.420 --> 00:31:20.780
they get the patent, they get FDA approval.

555
00:31:20.780 --> 00:31:23.020
I think it's like 17 years now

556
00:31:23.020 --> 00:31:26.460
from since they created this thing.

557
00:31:26.460 --> 00:31:30.500
The patents alive, they start selling the drug.

558
00:31:30.500 --> 00:31:33.600
All of a sudden somebody comes out with a generic,

559
00:31:33.600 --> 00:31:35.900
like immediately they come out with a generic.

560
00:31:35.900 --> 00:31:36.740
So what happens?

561
00:31:36.740 --> 00:31:38.620
The large pharmaceutical company

562
00:31:38.620 --> 00:31:41.020
sues the company that created the generic.

563
00:31:42.500 --> 00:31:47.380
During discovery, as they were requesting documents

564
00:31:47.380 --> 00:31:49.780
and all this information, request for production

565
00:31:49.780 --> 00:31:52.100
from the other side and doing depositions,

566
00:31:52.100 --> 00:31:54.340
the smaller company that made the generics

567
00:31:54.340 --> 00:31:58.460
found out that the larger company went to a trade show,

568
00:31:58.460 --> 00:32:00.740
offered this thing for sale more than one year

569
00:32:00.740 --> 00:32:03.180
prior to the filing of the patent application.

570
00:32:03.180 --> 00:32:05.360
That means that the patent is invalid.

571
00:32:06.700 --> 00:32:08.600
Do you have any idea how much money

572
00:32:08.600 --> 00:32:10.580
that pharmaceutical company spent

573
00:32:11.460 --> 00:32:13.700
going through multiple different drugs

574
00:32:13.700 --> 00:32:16.160
to come down to the ones that we're gonna pursue,

575
00:32:16.160 --> 00:32:19.660
to then go through testing, to then get FDA approval,

576
00:32:19.660 --> 00:32:22.240
to then file the patent on a pharmaceutical,

577
00:32:22.240 --> 00:32:24.360
which is expensive in and of itself,

578
00:32:24.360 --> 00:32:27.660
obtain legal rights to it, assert their legal rights,

579
00:32:27.660 --> 00:32:30.140
all to find out that somebody on the marketing team

580
00:32:30.140 --> 00:32:31.540
offered something for sale.

581
00:32:33.900 --> 00:32:36.460
That's a big deal.

582
00:32:36.460 --> 00:32:38.700
And it wasn't the fault of the person in the marketing team.

583
00:32:38.700 --> 00:32:41.080
Nobody ever taught them IP law.

584
00:32:42.620 --> 00:32:45.940
There was no protect your idea challenge back then.

585
00:32:45.940 --> 00:32:50.940
So for that reason, they didn't know this stuff.

586
00:32:52.540 --> 00:32:56.500
So I would encourage you to talk to your marketing teams,

587
00:32:56.500 --> 00:32:58.100
make sure they understand this stuff.

588
00:32:58.100 --> 00:32:59.100
It's just gonna help them

589
00:32:59.100 --> 00:33:01.460
and it's gonna help you in the long run, okay?

590
00:33:01.460 --> 00:33:04.420
So with that, bazinga.

591
00:33:04.420 --> 00:33:08.260
With that, you just wanna be careful

592
00:33:08.260 --> 00:33:09.860
that you don't offer something for sale.

593
00:33:09.860 --> 00:33:13.420
Number two, how many of us here get excited

594
00:33:13.420 --> 00:33:14.580
when we have something new,

595
00:33:14.580 --> 00:33:17.740
like some new creation or invention or like new trademark

596
00:33:17.740 --> 00:33:19.380
or, oh my gosh, right?

597
00:33:19.380 --> 00:33:20.380
Really excited.

598
00:33:20.380 --> 00:33:22.360
This is the best thing ever.

599
00:33:22.360 --> 00:33:23.620
Exactly, yeah.

600
00:33:23.620 --> 00:33:25.180
Hans is exactly right.

601
00:33:25.180 --> 00:33:27.020
So this is what we do.

602
00:33:27.020 --> 00:33:28.460
What is the name of the movie?

603
00:33:28.460 --> 00:33:29.740
This is what you're doing.

604
00:33:29.740 --> 00:33:30.900
This is what I want.

605
00:33:30.900 --> 00:33:32.460
What's the name of that movie?

606
00:33:32.460 --> 00:33:34.060
Does anybody remember the movie?

607
00:33:35.780 --> 00:33:37.700
Somebody type a new chat.

608
00:33:37.700 --> 00:33:38.860
It's in a movie.

609
00:33:40.740 --> 00:33:41.580
This is what you're doing.

610
00:33:41.580 --> 00:33:42.740
Say the line again.

611
00:33:42.740 --> 00:33:44.000
This is what you're doing.

612
00:33:44.000 --> 00:33:45.520
This is what I want.

613
00:33:45.520 --> 00:33:46.560
And I can't remember.

614
00:33:46.560 --> 00:33:47.960
It's a hilarious scene in the movie.

615
00:33:47.960 --> 00:33:52.960
But anyways, I understand we all get excited.

616
00:33:53.120 --> 00:33:54.160
Believe me, I get it.

617
00:33:54.160 --> 00:33:56.880
I get excited when I come out with something new, right?

618
00:33:56.880 --> 00:33:58.840
My kids do something, I get excited.

619
00:33:58.840 --> 00:34:00.080
I wanna tell the world.

620
00:34:00.080 --> 00:34:01.300
They're incredible, which they are.

621
00:34:01.300 --> 00:34:03.440
They're a remarkable blessing to me.

622
00:34:03.440 --> 00:34:07.280
But, but let me tell you what people do

623
00:34:07.280 --> 00:34:09.820
that results in them losing legal rights.

624
00:34:09.820 --> 00:34:11.199
They go onto their websites.

625
00:34:11.199 --> 00:34:12.400
They go onto Facebook.

626
00:34:12.400 --> 00:34:14.000
They go into other places.

627
00:34:14.000 --> 00:34:15.679
They take a picture of what they're doing

628
00:34:15.679 --> 00:34:16.880
and they tell the world.

629
00:34:18.600 --> 00:34:19.440
All right?

630
00:34:20.320 --> 00:34:23.760
You cannot publish the invention.

631
00:34:23.760 --> 00:34:24.920
You can't do a publication,

632
00:34:24.920 --> 00:34:27.320
like a write-up to explain your invention

633
00:34:27.320 --> 00:34:30.600
so that one, basically one of ordinary skill in the art

634
00:34:30.600 --> 00:34:32.080
can practice that invention.

635
00:34:32.920 --> 00:34:33.760
You can't do that.

636
00:34:33.760 --> 00:34:35.460
That's called a publication.

637
00:34:36.800 --> 00:34:40.520
So I was doing a presentation at Dartmouth.

638
00:34:41.159 --> 00:34:43.600
I was asked by Keith Poulsen,

639
00:34:43.600 --> 00:34:46.040
who is the head of their medical device department.

640
00:34:46.040 --> 00:34:48.840
He asked me to come and do a presentation on IP

641
00:34:48.840 --> 00:34:52.120
as it pertains to medical device students, right?

642
00:34:52.120 --> 00:34:53.520
Anybody who's gonna be doing work

643
00:34:53.520 --> 00:34:55.800
in the medical device industry.

644
00:34:55.800 --> 00:34:59.240
So this is what happened.

645
00:34:59.240 --> 00:35:00.080
I'm in there.

646
00:35:00.000 --> 00:35:04.400
I'm explaining to everybody what publication is.

647
00:35:04.400 --> 00:35:09.200
I said if your invention is described in any kind of way, shape, or form

648
00:35:09.200 --> 00:35:12.880
and readily available so that other people can have access to it,

649
00:35:12.880 --> 00:35:16.960
and it describes the invention so that one of ordinary skill in the art

650
00:35:16.960 --> 00:35:21.040
can practice the invention, that is considered a publication.

651
00:35:21.040 --> 00:35:24.720
You have one year from that date to file a patent application or it's

652
00:35:24.720 --> 00:35:29.280
considered donated to the public. And in foreign countries,

653
00:35:29.360 --> 00:35:33.200
the second you did that, you lost all rights in foreign countries,

654
00:35:33.200 --> 00:35:37.280
except for like a small number of exceptions to the rule which give you

655
00:35:37.280 --> 00:35:42.160
like three months, you know, a three-month waiver.

656
00:35:43.120 --> 00:35:48.640
I wonder if you can guess what happened in that classroom the second I said that.

657
00:35:48.640 --> 00:35:54.000
The second I said that, the students, like probably 20% of the

658
00:35:54.000 --> 00:35:57.920
students, stood up and ran out of the class.

659
00:35:57.920 --> 00:36:03.280
Let me explain to you why, okay. This was, yeah, people get out their

660
00:36:03.280 --> 00:36:08.320
phones. Yeah, they literally got up and ran out. Let me explain to

661
00:36:08.320 --> 00:36:13.120
you why. They had just had, this was a,

662
00:36:13.120 --> 00:36:17.360
the graduate students, right? These guys were going for their PhD.

663
00:36:17.360 --> 00:36:20.880
Well, what do you have to provide with your PhD?

664
00:36:20.880 --> 00:36:27.040
Your thesis, right? What does the school do with your thesis?

665
00:36:27.040 --> 00:36:32.000
They make it publicly available to everybody within the school.

666
00:36:32.000 --> 00:36:36.320
They had just submitted their thesis about, I think it was about a week and a

667
00:36:36.320 --> 00:36:41.200
half prior to the class, okay.

668
00:36:41.200 --> 00:36:44.560
Now, what they realized, many of these people that

669
00:36:44.560 --> 00:36:48.880
create a thesis, they're writing the thesis on what they want to build

670
00:36:48.880 --> 00:36:53.440
as a company. This is the essence of their company.

671
00:36:53.440 --> 00:36:57.200
That's what they put in their thesis because they're pursuing

672
00:36:57.200 --> 00:37:02.480
their business creation and they're also getting credit for it at the

673
00:37:02.480 --> 00:37:05.120
same time. It's smart. I mean, that's what you want to do,

674
00:37:05.120 --> 00:37:09.040
right? Why shouldn't I spend the next six months

675
00:37:09.040 --> 00:37:14.480
working on my own business in the creation of my own thesis? Why not?

676
00:37:14.480 --> 00:37:17.840
Kill two birds or help two birds live with one stone. I hate saying

677
00:37:17.840 --> 00:37:21.120
kill two birds because I have a bird. In any case, let

678
00:37:21.120 --> 00:37:26.720
two birds live with one stone, right? They literally got out and ran out,

679
00:37:26.720 --> 00:37:30.320
ran out. I started smiling and Keith Poulsen

680
00:37:30.320 --> 00:37:34.320
yells, get back in your seats. That's disrespectful. I said, no, no,

681
00:37:34.320 --> 00:37:39.120
let them go. Let them go, right? He says, I don't understand. What do you

682
00:37:39.120 --> 00:37:43.040
mean? I said, I guarantee you any one of those people that just got up

683
00:37:43.040 --> 00:37:45.360
just wrote their thesis and just submitted it

684
00:37:45.360 --> 00:37:53.040
recently. He says, oh my gosh. What they did immediately at Dartmouth

685
00:37:53.040 --> 00:37:57.600
because of that class, the medical device group, they immediately reached out to

686
00:37:57.600 --> 00:38:01.280
the heads of the different classes and said, please don't publish

687
00:38:01.280 --> 00:38:06.480
the thesis until these guys file at least a provisional patent application.

688
00:38:06.480 --> 00:38:09.840
Otherwise, they'll lose all potential foreign rights

689
00:38:09.840 --> 00:38:14.720
for any of their technology and that's the essence of their entire company

690
00:38:14.720 --> 00:38:19.040
that they were just graduating and going to build.

691
00:38:19.120 --> 00:38:22.960
Do you see why this knowledge is so vital?

692
00:38:22.960 --> 00:38:26.560
Just that one fact there could save you an entire

693
00:38:26.560 --> 00:38:30.640
entire company or at least a technology for your company.

694
00:38:30.640 --> 00:38:34.320
Make sure that you're not out there publishing your invention to others

695
00:38:34.320 --> 00:38:38.640
until you get something filed. Another thing that people will do is

696
00:38:38.640 --> 00:38:41.760
they'll be in conferences, they'll be in

697
00:38:41.840 --> 00:38:45.200
challenges, they'll do other things like that. What do they do?

698
00:38:45.200 --> 00:38:49.760
They go into these rooms and I cringe whenever I see this. People

699
00:38:49.760 --> 00:38:52.320
who have been through my challenges will ping me

700
00:38:52.320 --> 00:38:56.720
immediately and say, such and such did this, such and such did that. I'm like, I

701
00:38:56.720 --> 00:38:58.720
know, I know. People just don't know this.

702
00:38:58.720 --> 00:39:02.800
They'll have these breakout rooms and in the breakout rooms, they'll say

703
00:39:02.800 --> 00:39:05.920
tell other people what your invention is

704
00:39:05.920 --> 00:39:09.760
so that you can share with each other and donate with each other.

705
00:39:09.760 --> 00:39:13.680
Now, just to be clear, the best of intentions, like the absolute best of

706
00:39:13.680 --> 00:39:16.560
intentions, but the fact of the matter is there's a

707
00:39:16.560 --> 00:39:19.840
few issues with that. Number one, it could be considered a public

708
00:39:19.840 --> 00:39:22.880
disclosure. Number two, you've got other people out learning about your

709
00:39:22.880 --> 00:39:26.160
invention. That's probably not the best thing in the world to do,

710
00:39:26.160 --> 00:39:30.080
especially if it's something like a trademark, like a word mark.

711
00:39:30.080 --> 00:39:33.520
That's the worst place you want to mention it. I don't care. I don't care

712
00:39:33.520 --> 00:39:36.960
what challenge you're in, what conference you're in.

713
00:39:36.960 --> 00:39:42.240
I don't care who it is in front of you. Don't go telling them your trademark.

714
00:39:42.240 --> 00:39:46.080
I know of a specific individual who is very well respected,

715
00:39:46.080 --> 00:39:49.520
one of the best individuals in creating challenges.

716
00:39:49.520 --> 00:39:55.360
He was in his own conference, his own conference, like you can't make this up,

717
00:39:55.360 --> 00:40:00.400
his own conference. People paid to see him speak.

718
00:40:00.000 --> 00:40:05.000
He talked about a new trademark that he was going to use for a new course.

719
00:40:06.000 --> 00:40:11.000
Somebody in that room immediately went on to, I think it was GoDaddy,

720
00:40:11.000 --> 00:40:15.000
and bought the domain name for that exact name,

721
00:40:15.000 --> 00:40:21.000
in the conference, for this individual that they paid to see.

722
00:40:22.000 --> 00:40:24.000
I mean, I'm sorry, that's just disrespectful.

723
00:40:24.000 --> 00:40:27.000
That's just, you just don't do that.

724
00:40:27.000 --> 00:40:28.000
That's just bad business.

725
00:40:28.000 --> 00:40:31.000
He was beyond livid.

726
00:40:31.000 --> 00:40:33.000
Like, beyond livid.

727
00:40:35.000 --> 00:40:39.000
And the other person, finally, when we explained it all to them,

728
00:40:39.000 --> 00:40:42.000
reality hit of what they actually did.

729
00:40:42.000 --> 00:40:45.000
They didn't know the gravity of it.

730
00:40:45.000 --> 00:40:47.000
And so they just kind of surrendered.

731
00:40:47.000 --> 00:40:49.000
They're like, I'm so sorry, I'm sorry.

732
00:40:49.000 --> 00:40:50.000
And they let it go.

733
00:40:50.000 --> 00:40:52.000
He'll never do that again, without a doubt.

734
00:40:52.000 --> 00:40:55.000
But the fact of the matter is that this is the way people think.

735
00:40:55.000 --> 00:40:59.000
They just, oh, that's, you know, Gloria just came out with a really cool name.

736
00:40:59.000 --> 00:41:00.000
Let me see if the domain name's available.

737
00:41:00.000 --> 00:41:01.000
Oh, it is.

738
00:41:01.000 --> 00:41:02.000
Let me buy that.

739
00:41:02.000 --> 00:41:03.000
I might be able to sell it one day.

740
00:41:05.000 --> 00:41:09.000
Yeah, to Gloria, because Gloria came out with the name.

741
00:41:09.000 --> 00:41:12.000
So just be careful when you're in these conferences,

742
00:41:12.000 --> 00:41:15.000
when you're in these challenges, when you're in these workshops.

743
00:41:15.000 --> 00:41:18.000
Don't go disclosing your inventions.

744
00:41:18.000 --> 00:41:20.000
Don't disclose your trademarks.

745
00:41:20.000 --> 00:41:23.000
Don't show your logos, if you haven't gotten anything filed.

746
00:41:24.000 --> 00:41:27.000
Because you can end up in a really messy situation.

747
00:41:27.000 --> 00:41:29.000
So we've covered the publication bar.

748
00:41:29.000 --> 00:41:31.000
We've covered the on sale bar.

749
00:41:31.000 --> 00:41:36.000
The third bar is called the public use bar.

750
00:41:36.000 --> 00:41:38.000
Public use bar.

751
00:41:39.000 --> 00:41:40.000
Okay.

752
00:41:40.000 --> 00:41:46.000
What that says is that if the invention is being used for its intended purpose

753
00:41:48.000 --> 00:41:50.000
by a member of the public

754
00:41:50.000 --> 00:41:53.000
and more than one year passes,

755
00:41:53.000 --> 00:41:56.000
then the invention is considered donated to the public.

756
00:41:56.000 --> 00:41:59.000
So as an example, I like Helene, right?

757
00:41:59.000 --> 00:42:00.000
I know her personally.

758
00:42:00.000 --> 00:42:02.000
And so let's say she's my neighbor.

759
00:42:02.000 --> 00:42:04.000
So I come up with this brand new bicycle

760
00:42:04.000 --> 00:42:06.000
and I go over to Helene and I say, hey,

761
00:42:08.000 --> 00:42:09.000
I just created this new bicycle.

762
00:42:09.000 --> 00:42:10.000
You want to check it out?

763
00:42:10.000 --> 00:42:11.000
And she's like, yeah, sure.

764
00:42:11.000 --> 00:42:12.000
I said, you know what?

765
00:42:12.000 --> 00:42:14.000
You can just, why don't you just keep it?

766
00:42:14.000 --> 00:42:15.000
You can use it.

767
00:42:15.000 --> 00:42:17.000
And so she does use the bike around

768
00:42:17.000 --> 00:42:21.000
and it has like this automated sequence where it gets to know your body.

769
00:42:21.000 --> 00:42:24.000
And so it regulates the speed by that.

770
00:42:24.000 --> 00:42:28.000
And it regulates all sorts of things based on getting to know you, right?

771
00:42:28.000 --> 00:42:30.000
It uses artificial intelligence.

772
00:42:30.000 --> 00:42:33.000
And so it's learning things

773
00:42:33.000 --> 00:42:35.000
and it's giving you a better ride because of that.

774
00:42:35.000 --> 00:42:37.000
And she's using it and she's enjoying it.

775
00:42:37.000 --> 00:42:39.000
Two years later, I go, you know what?

776
00:42:39.000 --> 00:42:41.000
I've got enough money now.

777
00:42:41.000 --> 00:42:44.000
So I'm going to file a patent on that bicycle.

778
00:42:44.000 --> 00:42:45.000
I can't.

779
00:42:46.000 --> 00:42:50.000
Now, just to be clear, I could, I could,

780
00:42:50.000 --> 00:42:53.000
I can go through the whole process of getting a patent.

781
00:42:53.000 --> 00:42:56.000
And then if some other party comes over

782
00:42:56.000 --> 00:42:58.000
and finds out that I did that more than one year prior

783
00:42:58.000 --> 00:42:59.000
to the earliest priority date

784
00:42:59.000 --> 00:43:02.000
or before the earliest patent was filed,

785
00:43:02.000 --> 00:43:04.000
that patent will be invalidated

786
00:43:04.000 --> 00:43:07.000
because I gave it to a third party and just said,

787
00:43:07.000 --> 00:43:10.000
Milli Vanilli, go do what you want with it.

788
00:43:11.000 --> 00:43:13.000
Because I don't say willy nilly.

789
00:43:13.000 --> 00:43:14.000
All right.

790
00:43:14.000 --> 00:43:16.000
So for that reason,

791
00:43:17.000 --> 00:43:19.000
you don't want to just give it to a third party.

792
00:43:19.000 --> 00:43:22.000
Now, let me tell you an exception to the rule.

793
00:43:22.000 --> 00:43:24.000
There's an exception to this rule.

794
00:43:25.000 --> 00:43:29.000
What the exception is called is experimental use.

795
00:43:30.000 --> 00:43:31.000
Okay.

796
00:43:31.000 --> 00:43:33.000
That's the exception to the rule.

797
00:43:33.000 --> 00:43:35.000
It's called experimental use.

798
00:43:35.000 --> 00:43:38.000
So let's say instead I give it to Helene

799
00:43:38.000 --> 00:43:40.000
and I say, hey, Helene, here's the deal.

800
00:43:41.000 --> 00:43:42.000
I've got this new bike.

801
00:43:42.000 --> 00:43:43.000
I want you to check it out.

802
00:43:43.000 --> 00:43:45.000
I want you to give me feedback on it.

803
00:43:45.000 --> 00:43:47.000
I'm going to give it to you for like three months.

804
00:43:47.000 --> 00:43:49.000
I'm going to give you for two months.

805
00:43:49.000 --> 00:43:50.000
Try it out.

806
00:43:50.000 --> 00:43:51.000
Use it in different situations.

807
00:43:51.000 --> 00:43:52.000
Give me feedback on it.

808
00:43:52.000 --> 00:43:54.000
When it's over, I want to get the bike back.

809
00:43:54.000 --> 00:43:55.000
Okay.

810
00:43:56.000 --> 00:43:59.000
That is, that's experimental use.

811
00:43:59.000 --> 00:44:01.000
I'm looking to get somebody to test it,

812
00:44:01.000 --> 00:44:02.000
to give me feedback.

813
00:44:02.000 --> 00:44:03.000
I might tweak the bike.

814
00:44:03.000 --> 00:44:06.000
I might do some modifications to the bike,

815
00:44:06.000 --> 00:44:09.000
to the invention because of that feedback.

816
00:44:09.000 --> 00:44:11.000
That's considered experimental use,

817
00:44:11.000 --> 00:44:15.000
which is an exception to the public use bar.

818
00:44:15.000 --> 00:44:18.000
If that's your case, then that's allowed.

819
00:44:18.000 --> 00:44:21.000
So if you think of companies that do beta testing

820
00:44:21.000 --> 00:44:24.000
or alpha testing for software, right?

821
00:44:24.000 --> 00:44:26.000
They take a select number of individuals.

822
00:44:26.000 --> 00:44:28.000
They send them a copy of the software

823
00:44:28.000 --> 00:44:30.000
and they say, give us feedback about the software.

824
00:44:30.000 --> 00:44:34.000
They get that feedback and there's no money exchanged.

825
00:44:34.000 --> 00:44:36.000
Like there's, that is not considered a sale.

826
00:44:36.000 --> 00:44:38.000
It's just give me the feedback.

827
00:44:38.000 --> 00:44:39.000
And then once that window's closed,

828
00:44:39.000 --> 00:44:42.000
we're going to close your access to the software.

829
00:44:42.000 --> 00:44:45.000
That's called a beta test or an alpha test.

830
00:44:45.000 --> 00:44:46.000
All right.

831
00:44:46.000 --> 00:44:48.000
Like I was one of the beta testers

832
00:44:48.000 --> 00:44:51.000
for Dragon NaturallySpeaking like ages ago

833
00:44:51.000 --> 00:44:53.000
when Dragon NaturallySpeaking came out.

834
00:44:53.000 --> 00:44:56.000
So I was one of the people that did beta testing

835
00:44:56.000 --> 00:44:59.000
for their first software round.

836
00:45:00.000 --> 00:45:06.700
For dragging naturally speaking and that's allowable. That's okay because they might modify the software based on that

837
00:45:06.860 --> 00:45:08.000
So that's okay

838
00:45:08.000 --> 00:45:14.420
but if you don't fall into that exception if you either do the offer for sale the public use or

839
00:45:14.980 --> 00:45:19.100
The publication your inventions considered donated to public gone

840
00:45:19.740 --> 00:45:21.740
Gonzo can't get it back

841
00:45:22.780 --> 00:45:25.500
No collecting your $200. It's over

842
00:45:25.500 --> 00:45:28.460
Got it. So, please don't do any of those things

843
00:45:29.600 --> 00:45:32.660
Really important and make sure your team understands this

844
00:45:33.180 --> 00:45:40.100
Especially your marketing team the job of your marketing team is to let everybody in the world and their mother know about your technology

845
00:45:40.380 --> 00:45:45.140
And want to sell it and sell your programs and like, you know, so they're just doing their job

846
00:45:47.020 --> 00:45:51.420
Unfortunately a large number of the violations to these things that I'm telling you about

847
00:45:51.420 --> 00:45:53.420
Happened by the marketing team

848
00:45:53.900 --> 00:45:57.500
Because nobody pulls the marketing team to decide to teach them any of this

849
00:45:58.020 --> 00:45:59.220
It's not their fault

850
00:45:59.220 --> 00:46:05.780
Like you know who learns about this stuff the CEOs of the companies the presidents of the companies and maybe the CTO

851
00:46:05.780 --> 00:46:08.420
The chief technology officer might learn about this stuff

852
00:46:08.900 --> 00:46:13.500
Right a division head might learn about it the owner of the company and then you know what happens

853
00:46:14.100 --> 00:46:16.100
Nobody else learns it

854
00:46:17.100 --> 00:46:19.100
I mean

855
00:46:20.100 --> 00:46:23.020
I mean in a large corporation

856
00:46:23.660 --> 00:46:27.980
Does the CEO actually go and make the product do they actually sell the product?

857
00:46:28.260 --> 00:46:33.020
No, so it's important to tell the people on the ground how to work these things out

858
00:46:33.020 --> 00:46:35.980
So it's important for you to get this information to them as well. Okay

859
00:46:37.380 --> 00:46:40.220
All right, so we've talked about the three statutory bars

860
00:46:40.980 --> 00:46:45.100
I'm gonna tell you a quick story. I tell you a quick story before I tell you some more. All right

861
00:46:45.380 --> 00:46:47.100
This is kind of

862
00:46:47.100 --> 00:46:54.060
It's interesting. This is a true story. I'm not making this up. This is an example of the public-use bar in action. Okay?

863
00:46:54.580 --> 00:46:56.580
this man creates I

864
00:46:57.140 --> 00:46:59.700
Just love this story. All right, this man creates

865
00:47:01.420 --> 00:47:07.460
What women used to use a long long time ago do you remember remember that thing that used they call it

866
00:47:07.460 --> 00:47:08.820
What is a corset?

867
00:47:08.820 --> 00:47:10.100
right

868
00:47:10.100 --> 00:47:13.980
Right, so they used to wear the corset like to ya exactly

869
00:47:13.980 --> 00:47:19.540
It was just it was just for their for their like posture. That's all it was. Yeah

870
00:47:20.060 --> 00:47:23.220
Anyways, they would force them to wear these corsets, right?

871
00:47:24.180 --> 00:47:30.860
Okay. Well this gentleman created a new corset a new it was the springs that were utilized

872
00:47:30.860 --> 00:47:34.260
It was the coils that were utilized that were new. Okay

873
00:47:34.900 --> 00:47:36.900
He gives the corset

874
00:47:37.420 --> 00:47:38.780
to

875
00:47:38.780 --> 00:47:40.780
this individual

876
00:47:41.020 --> 00:47:46.620
All right. Okay, this individual becomes his girlfriend and then becomes his wife

877
00:47:47.580 --> 00:47:52.380
All right. Does this this story is really interesting. I'm just gonna say it is not legal advice because I want to drink

878
00:47:52.380 --> 00:47:54.380
So there's not legal advice

879
00:47:56.500 --> 00:47:58.300
Okay

880
00:47:58.300 --> 00:48:00.300
So now his girlfriend at the time

881
00:48:01.340 --> 00:48:07.100
He tells her to wear the corset and he asked her for feedback. She gives him feedback blah blah blah

882
00:48:07.100 --> 00:48:10.180
He files a patent application blah blah blah. Okay. All right

883
00:48:12.180 --> 00:48:19.780
Some years later he files a patent he gets a patent another company finds out about the course it starts making it

884
00:48:22.180 --> 00:48:24.900
He sues that company based on his patent

885
00:48:25.780 --> 00:48:30.940
In the case is hilarious in the actual case in court

886
00:48:32.100 --> 00:48:36.460
the other side the party that was that was accused of patent infringement

887
00:48:37.860 --> 00:48:42.100
Questions the former girlfriend who is now his wife

888
00:48:44.460 --> 00:48:49.660
And they ask her questions of you know, when did you start wearing the corset and

889
00:48:50.860 --> 00:48:55.540
She tells him the truth and they find out that in fact

890
00:48:56.060 --> 00:49:02.800
He had a third party using the invention three years prior to following a patent in the patents invalidated. Okay

891
00:49:03.580 --> 00:49:06.220
Somebody tell me where you wear a corset

892
00:49:08.100 --> 00:49:09.660
It's

893
00:49:09.660 --> 00:49:13.140
Underneath your clothing, right? It's not on top of your clothing

894
00:49:14.060 --> 00:49:16.060
So again, somebody told me

895
00:49:16.900 --> 00:49:20.420
How someone found out that his girlfriend?

896
00:49:21.180 --> 00:49:23.380
Was wearing a corset

897
00:49:24.020 --> 00:49:27.260
More than one year prior to the following of a patent application

898
00:49:29.180 --> 00:49:35.420
It's worn underneath the clothing that that no answer ever came out to that in the court case

899
00:49:35.700 --> 00:49:42.380
But it's an actual real court case, it's it's hilarious attorneys just we love that case we're just

900
00:49:43.460 --> 00:49:46.700
Cuz somehow somebody had to find out that she was wearing it

901
00:49:46.700 --> 00:49:50.800
I'd like to know how they found that out personally that would make the case go from like

902
00:49:51.140 --> 00:49:56.560
Federal District Court to like Judge Judy. Okay, it'd be like a whole other story. So alright, so with that

903
00:49:58.660 --> 00:50:00.660
Now we've talked about this

904
00:50:00.000 --> 00:50:01.460
That's Tory Bars, okay?

905
00:50:02.760 --> 00:50:04.400
Let me talk about patent pending.

906
00:50:06.760 --> 00:50:08.480
You can only say patent pending

907
00:50:08.480 --> 00:50:10.760
after you file a patent application.

908
00:50:10.760 --> 00:50:12.080
You can say it after you file

909
00:50:12.080 --> 00:50:13.640
a provisional patent application,

910
00:50:13.640 --> 00:50:16.800
or after you file a utility patent application.

911
00:50:16.800 --> 00:50:17.640
Either one.

912
00:50:17.640 --> 00:50:19.640
If you file a provisional patent application,

913
00:50:19.640 --> 00:50:21.880
it holds the date of filing,

914
00:50:21.880 --> 00:50:22.880
and within one year,

915
00:50:22.880 --> 00:50:24.840
you have to file a utility patent application.

916
00:50:24.840 --> 00:50:26.120
That's the big one.

917
00:50:26.120 --> 00:50:27.480
So the government said you could file

918
00:50:27.480 --> 00:50:29.100
the little one for now,

919
00:50:29.100 --> 00:50:30.420
preserve the filing date,

920
00:50:30.420 --> 00:50:31.260
and within a year,

921
00:50:31.260 --> 00:50:33.340
you have to file the big one.

922
00:50:33.340 --> 00:50:34.700
So they allow you to do that.

923
00:50:34.700 --> 00:50:35.960
And then at year,

924
00:50:35.960 --> 00:50:36.800
in that year,

925
00:50:36.800 --> 00:50:37.660
you can test the market,

926
00:50:37.660 --> 00:50:38.820
you can do all sorts of stuff

927
00:50:38.820 --> 00:50:40.240
to determine whether or not

928
00:50:40.240 --> 00:50:42.140
you can obtain the money

929
00:50:42.140 --> 00:50:45.020
to pay for the larger patent.

930
00:50:46.140 --> 00:50:47.900
So that one year is very valuable.

931
00:50:51.140 --> 00:50:52.300
The second that you file

932
00:50:52.300 --> 00:50:53.820
either a provisional patent application

933
00:50:53.820 --> 00:50:55.060
or a utility patent application,

934
00:50:55.060 --> 00:50:56.420
you can say patent pending.

935
00:50:57.420 --> 00:50:59.420
This is extremely effective.

936
00:50:59.420 --> 00:51:01.460
Extremely effective.

937
00:51:01.460 --> 00:51:02.820
If you want to do something

938
00:51:02.820 --> 00:51:05.860
that is like high-level effective,

939
00:51:05.860 --> 00:51:09.160
if you file two provisional patent applications,

940
00:51:09.160 --> 00:51:12.860
you can say patents with an S pending.

941
00:51:12.860 --> 00:51:14.540
Nobody knows if that's two,

942
00:51:14.540 --> 00:51:16.420
50, 100, 1,000.

943
00:51:16.420 --> 00:51:18.100
Nobody knows.

944
00:51:18.100 --> 00:51:19.700
Because patents are confidential

945
00:51:19.700 --> 00:51:22.260
up to 18 months after the filing of the patent.

946
00:51:23.420 --> 00:51:25.020
So nobody's going to know about it.

947
00:51:25.100 --> 00:51:27.060
And if you file a provisional patent application,

948
00:51:27.060 --> 00:51:29.580
it remains confidential,

949
00:51:29.580 --> 00:51:31.660
meaning not published,

950
00:51:31.660 --> 00:51:35.380
the entire life cycle

951
00:51:35.380 --> 00:51:36.780
of the provisional patent application,

952
00:51:36.780 --> 00:51:38.380
which is a full year.

953
00:51:38.380 --> 00:51:40.460
So let's say Marilyn has this really cool

954
00:51:40.460 --> 00:51:44.620
new system and method.

955
00:51:44.620 --> 00:51:47.860
And so she files a provisional patent application.

956
00:51:47.860 --> 00:51:50.600
She gets to say immediately patent pending.

957
00:51:50.600 --> 00:51:52.500
Let's say she has two.

958
00:51:52.500 --> 00:51:54.340
She gets to say patents pending.

959
00:51:54.340 --> 00:51:56.580
Now she's building a company.

960
00:51:56.580 --> 00:51:59.140
When the competition looks at her company

961
00:51:59.140 --> 00:52:01.700
and it says patents pending,

962
00:52:01.700 --> 00:52:02.940
it puts them on hold.

963
00:52:02.940 --> 00:52:06.320
Like it makes them think twice before they copy her.

964
00:52:06.320 --> 00:52:09.340
Because they don't know what her patents cover.

965
00:52:09.340 --> 00:52:11.860
They don't know what her patent applications are covering.

966
00:52:11.860 --> 00:52:13.260
And the fact of the matter is

967
00:52:13.260 --> 00:52:14.580
that the government is not going

968
00:52:14.580 --> 00:52:15.900
to make it publicly available

969
00:52:15.900 --> 00:52:17.940
until 18 months after filing.

970
00:52:19.300 --> 00:52:20.380
Now here's a little secret

971
00:52:20.380 --> 00:52:22.020
that a lot of people don't know.

972
00:52:22.900 --> 00:52:25.920
If you're never going to do foreign filing,

973
00:52:25.920 --> 00:52:29.100
if you're never gonna seek rights in foreign countries,

974
00:52:29.100 --> 00:52:32.220
you can actually file your patent application

975
00:52:32.220 --> 00:52:34.700
and ask for it to remain confidential

976
00:52:34.700 --> 00:52:37.560
until such time as it's issued.

977
00:52:39.740 --> 00:52:42.960
That's a very effective way of doing business.

978
00:52:44.500 --> 00:52:48.020
That way the competition can't see any rejections.

979
00:52:48.020 --> 00:52:49.820
They can't see what your claims look like.

980
00:52:49.820 --> 00:52:51.020
They can't see anything.

981
00:52:51.020 --> 00:52:53.020
They just know you have a patent pending.

982
00:52:54.380 --> 00:52:56.760
Highly effective strategy.

983
00:52:56.760 --> 00:52:58.500
And I mean, highly effective.

984
00:52:59.420 --> 00:53:00.500
But what you have to realize is

985
00:53:00.500 --> 00:53:01.840
at some point you have to change it

986
00:53:01.840 --> 00:53:04.780
from unpublished to actual published

987
00:53:04.780 --> 00:53:06.280
before your patent can issue.

988
00:53:07.740 --> 00:53:08.620
Okay?

989
00:53:08.620 --> 00:53:13.100
That's a very, it's a very strong strategy

990
00:53:13.100 --> 00:53:14.640
when building a business.

991
00:53:14.640 --> 00:53:16.820
File more than one provisional patent application,

992
00:53:16.820 --> 00:53:19.220
say patents pending.

993
00:53:19.220 --> 00:53:21.540
Competition doesn't know what it is.

994
00:53:21.540 --> 00:53:23.420
Let it be maintained as confidential

995
00:53:23.420 --> 00:53:24.700
until your patent issues.

996
00:53:24.700 --> 00:53:28.000
It might take two, three years until your patent issues.

997
00:53:28.000 --> 00:53:30.860
So you get the advantage of scaring your competition

998
00:53:30.860 --> 00:53:32.080
for multiple years.

999
00:53:33.840 --> 00:53:36.080
That could give you the leg up that you need

1000
00:53:36.080 --> 00:53:39.780
to be more effective and more successful

1001
00:53:39.780 --> 00:53:40.880
within your business.

1002
00:53:41.860 --> 00:53:43.460
So keep that in mind.

1003
00:53:43.460 --> 00:53:44.840
That's one way of doing business

1004
00:53:44.840 --> 00:53:47.460
with provisional or utility patent applications.

1005
00:53:47.460 --> 00:53:49.060
But remember, you can say patent pending

1006
00:53:49.900 --> 00:53:50.740
right off the bat.

1007
00:53:50.740 --> 00:53:52.540
Now, when your patent issues,

1008
00:53:52.540 --> 00:53:54.940
the day that your patent issues,

1009
00:53:54.940 --> 00:53:56.660
you want to take that patent number

1010
00:53:57.700 --> 00:53:59.940
and you want to put it on your packaging

1011
00:53:59.940 --> 00:54:01.940
or put it on your product,

1012
00:54:01.940 --> 00:54:04.260
put it on your marketing material.

1013
00:54:04.260 --> 00:54:07.100
The reason why is because you want to place the public

1014
00:54:07.100 --> 00:54:09.640
on notice of your patent.

1015
00:54:11.060 --> 00:54:11.980
Why is that?

1016
00:54:11.980 --> 00:54:14.060
Let me explain to you exactly why.

1017
00:54:14.060 --> 00:54:16.140
And I'm going to explain it to you in a litigation matter

1018
00:54:16.140 --> 00:54:17.980
that I was handling personally.

1019
00:54:18.060 --> 00:54:20.020
One of my clients,

1020
00:54:20.020 --> 00:54:22.460
well, they became my client after they got sued,

1021
00:54:22.460 --> 00:54:25.000
a corporation in Massachusetts.

1022
00:54:25.000 --> 00:54:27.380
They got a lawsuit filed against them

1023
00:54:29.060 --> 00:54:31.820
in the Federal District Court of Massachusetts.

1024
00:54:31.820 --> 00:54:33.780
Person, the corporation calls me up,

1025
00:54:33.780 --> 00:54:35.580
say, yeah, I'm happy to represent you.

1026
00:54:35.580 --> 00:54:39.020
I do some investigation into the company that sued them.

1027
00:54:39.940 --> 00:54:42.500
I find out that they actually never use

1028
00:54:42.500 --> 00:54:44.020
the patent number on anything.

1029
00:54:45.020 --> 00:54:46.640
Never.

1030
00:54:46.640 --> 00:54:47.500
Not once.

1031
00:54:48.340 --> 00:54:52.100
There's not one marketing pamphlet.

1032
00:54:52.100 --> 00:54:53.580
It's not on a website.

1033
00:54:53.580 --> 00:54:54.960
It's not on the product.

1034
00:54:54.960 --> 00:54:56.580
It's not on the packaging.

1035
00:54:56.580 --> 00:54:57.420
Nowhere.

1036
00:54:58.340 --> 00:54:59.460
Okay?

1037
00:54:59.460 --> 00:55:00.300
They just-

1038
00:55:00.000 --> 00:55:03.320
a major patent litigation matter against my client.

1039
00:55:04.240 --> 00:55:07.080
It's not uncommon to spend two, three,

1040
00:55:07.080 --> 00:55:10.680
$4 million plus in patent litigation.

1041
00:55:10.680 --> 00:55:13.480
Patent litigation is one of the most expensive

1042
00:55:13.480 --> 00:55:14.960
litigations that exist.

1043
00:55:14.960 --> 00:55:17.780
So you don't wanna be in litigation, okay?

1044
00:55:18.680 --> 00:55:19.880
They hire me.

1045
00:55:19.880 --> 00:55:20.960
I find this out.

1046
00:55:20.960 --> 00:55:22.400
I reached out to opposing counsel.

1047
00:55:22.400 --> 00:55:23.960
I said, you know what?

1048
00:55:23.960 --> 00:55:25.760
You've got two options.

1049
00:55:25.760 --> 00:55:27.720
Number one, you can offer us a license

1050
00:55:27.800 --> 00:55:30.400
from now going forward,

1051
00:55:30.400 --> 00:55:31.600
and we can discuss that

1052
00:55:31.600 --> 00:55:33.480
and maybe even take a license from you,

1053
00:55:33.480 --> 00:55:35.120
or maybe even do a partnership agreement

1054
00:55:35.120 --> 00:55:36.720
and work together going forward.

1055
00:55:37.600 --> 00:55:41.240
Or we can just stop doing

1056
00:55:42.240 --> 00:55:44.360
what you've alleged we're doing,

1057
00:55:45.360 --> 00:55:49.120
but any way you shape it, any way you do it,

1058
00:55:49.120 --> 00:55:51.000
you're not getting a penny out of us.

1059
00:55:51.920 --> 00:55:53.640
And he said, that's baloney, Mr. Nevis,

1060
00:55:53.640 --> 00:55:55.640
that there's no way that's possible.

1061
00:55:55.800 --> 00:55:58.480
Your client is making exactly what's in the claims.

1062
00:55:58.480 --> 00:56:01.920
And between, I wasn't gonna tell him this,

1063
00:56:01.920 --> 00:56:04.960
but he's pretty darn right.

1064
00:56:04.960 --> 00:56:07.700
The patent was good, right?

1065
00:56:07.700 --> 00:56:11.040
And the chances of infringement were fairly high.

1066
00:56:11.040 --> 00:56:13.040
Could I have gotten the client out?

1067
00:56:13.040 --> 00:56:16.600
Probably, but it would have been a hard case to win, okay?

1068
00:56:16.600 --> 00:56:19.480
So, but the fact is he never marked.

1069
00:56:19.480 --> 00:56:21.640
He never placed my client on notice.

1070
00:56:21.640 --> 00:56:23.840
See, there's a requirement to get damages

1071
00:56:23.840 --> 00:56:25.180
in patent infringement.

1072
00:56:25.620 --> 00:56:27.620
You have to place either a person on actual notice

1073
00:56:27.620 --> 00:56:31.740
or what's called constructive notice.

1074
00:56:31.740 --> 00:56:35.740
Actual notice is, I send a letter over to Jocelyn,

1075
00:56:35.740 --> 00:56:37.420
and I say, hey, Jocelyn,

1076
00:56:37.420 --> 00:56:39.340
you're doing exactly what's in my patent.

1077
00:56:39.340 --> 00:56:41.860
Here's a copy of my patent, I want you to stop.

1078
00:56:41.860 --> 00:56:44.480
That's actual notice, okay?

1079
00:56:44.480 --> 00:56:46.420
People do that in cease and desist letters.

1080
00:56:46.420 --> 00:56:48.220
They do it in lots of different ways.

1081
00:56:48.220 --> 00:56:49.620
That's actual notice.

1082
00:56:49.620 --> 00:56:51.860
They are actually receiving notice.

1083
00:56:51.860 --> 00:56:54.520
Constructive notice is when you put the patent number

1084
00:56:54.560 --> 00:56:57.320
on your product or on your marketing material

1085
00:56:57.320 --> 00:56:58.400
or in some other way,

1086
00:56:58.400 --> 00:57:00.760
so people know that it's covered by a patent.

1087
00:57:00.760 --> 00:57:03.300
If they don't receive actual notice or constructive notice,

1088
00:57:03.300 --> 00:57:04.460
there's no damages.

1089
00:57:05.960 --> 00:57:07.960
How in the world is my client supposed to know

1090
00:57:07.960 --> 00:57:10.000
you have a patent if you didn't tell them?

1091
00:57:11.360 --> 00:57:14.760
I mean, will you expect them to be like omnipotent,

1092
00:57:14.760 --> 00:57:17.060
you know, or omniscient in this case?

1093
00:57:17.060 --> 00:57:19.120
Omnipotent is, you know, all powerful.

1094
00:57:19.120 --> 00:57:20.720
Omniscient is all knowing.

1095
00:57:20.720 --> 00:57:23.920
So like, do you expect them to just know everything?

1096
00:57:23.920 --> 00:57:26.000
There's no way for them to know you got a patent.

1097
00:57:26.000 --> 00:57:27.440
You got to tell them.

1098
00:57:27.440 --> 00:57:29.480
And you never told them.

1099
00:57:29.480 --> 00:57:32.320
So my client's not going to pay you a darn penny.

1100
00:57:33.240 --> 00:57:35.600
I guarantee at the end of the day,

1101
00:57:35.600 --> 00:57:37.300
your client's going to spend a lot of money

1102
00:57:37.300 --> 00:57:39.660
and I'm going to file a motion to dismiss.

1103
00:57:39.660 --> 00:57:41.140
And I'm just going to say, you know what?

1104
00:57:41.140 --> 00:57:45.140
Yeah, I'm actually okay with saying we infringe

1105
00:57:45.140 --> 00:57:47.480
because I know we're not going to pay a penny.

1106
00:57:47.480 --> 00:57:49.800
We'll spend less money saying that we do infringe

1107
00:57:49.800 --> 00:57:51.180
and there was no notice

1108
00:57:51.180 --> 00:57:53.060
than saying that we don't infringe

1109
00:57:53.060 --> 00:57:55.140
and having to prove that we don't infringe.

1110
00:57:55.140 --> 00:57:58.060
So I'll go the route of saying, yeah, we do infringe.

1111
00:57:58.060 --> 00:57:59.500
There was no notice.

1112
00:57:59.500 --> 00:58:02.380
I'll be out very shortly with no attorneys,

1113
00:58:02.380 --> 00:58:04.600
with almost no attorney's fees.

1114
00:58:04.600 --> 00:58:06.620
Well, your client's going to be livid

1115
00:58:06.620 --> 00:58:09.020
because you were the ones that actually got them the patent.

1116
00:58:09.020 --> 00:58:10.220
So it was your responsibility

1117
00:58:10.220 --> 00:58:11.980
to tell them to mark their product.

1118
00:58:13.020 --> 00:58:14.340
We got out of that litigation

1119
00:58:14.340 --> 00:58:19.000
within a month and a half, it was over, right?

1120
00:58:19.000 --> 00:58:20.700
So just remember, if you get the patent,

1121
00:58:20.700 --> 00:58:24.300
you want to mark your product, really important.

1122
00:58:24.300 --> 00:58:25.660
All right, and with that, Ray,

1123
00:58:25.660 --> 00:58:27.900
I want to, can you pop up the scenario?

1124
00:58:27.900 --> 00:58:29.820
Do you have the scenario now?

1125
00:58:29.820 --> 00:58:30.740
Yeah, let me find it.

1126
00:58:30.740 --> 00:58:31.580
Give me just one second.

1127
00:58:31.580 --> 00:58:33.300
Yeah, yeah, take your time, take your time.

1128
00:58:33.300 --> 00:58:36.660
I want to, what I want to walk everybody through

1129
00:58:36.660 --> 00:58:41.100
is an actual factual scenario that I came up with, right?

1130
00:58:41.100 --> 00:58:42.940
It has different facts in it.

1131
00:58:42.940 --> 00:58:47.100
And as you read this, you should know

1132
00:58:47.100 --> 00:58:52.100
what area of IP pertains to the sentence, all right?

1133
00:58:52.300 --> 00:58:54.460
And so what we're going to do is I'm going to read them

1134
00:58:54.460 --> 00:58:56.500
like one line at a time,

1135
00:58:56.500 --> 00:58:58.900
and then you're going to type in the chat

1136
00:58:58.900 --> 00:59:02.960
what area of IP pertains to that line, okay?

1137
00:59:03.820 --> 00:59:05.980
This is how you get to test whether or not

1138
00:59:05.980 --> 00:59:07.740
this week has been effective for you.

1139
00:59:07.740 --> 00:59:08.840
Let's put it that way.

1140
00:59:10.260 --> 00:59:11.300
Okay, I do have it,

1141
00:59:11.300 --> 00:59:14.300
but it was one that I threw in a template design

1142
00:59:14.300 --> 00:59:16.140
and I don't know how to zoom in here.

1143
00:59:16.140 --> 00:59:16.980
So I'm trying, hold on.

1144
00:59:16.980 --> 00:59:18.580
That's okay, I think it's on the Google sheet.

1145
00:59:18.580 --> 00:59:20.300
I think it's actually on the Google sheet.

1146
00:59:20.300 --> 00:59:22.300
Here, I'll show you. The scenario's on the Google sheet.

1147
00:59:23.740 --> 00:59:25.580
Just know that full screen's here, but-

1148
00:59:25.580 --> 00:59:27.140
Yeah, that's fine, that's fine.

1149
00:59:27.140 --> 00:59:29.820
Okay, perfect. That one's fine, yeah.

1150
00:59:29.820 --> 00:59:31.340
I mean, we have different versions of this,

1151
00:59:31.340 --> 00:59:33.380
but this one's easier to read.

1152
00:59:33.380 --> 00:59:36.860
As you can tell, Ray is very organized, so yeah.

1153
00:59:36.860 --> 00:59:38.140
Meaning, I mean, look how clean this is.

1154
00:59:38.140 --> 00:59:39.860
Only when you let me, let me be.

1155
00:59:39.860 --> 00:59:41.540
Yeah, compared to my version.

1156
00:59:41.540 --> 00:59:43.800
My version is like a million words all over the place.

1157
00:59:43.800 --> 00:59:47.040
Hers is like scenario one, two, three, four.

1158
00:59:47.040 --> 00:59:48.400
It's like very clean.

1159
00:59:48.400 --> 00:59:51.640
So yes, we all love Ray.

1160
00:59:51.640 --> 00:59:54.160
All right, so let me walk you through this.

1161
00:59:56.840 --> 00:59:59.640
So we're gonna start out with it sentence by sentence

1162
00:59:59.640 --> 01:00:00.480
and you're gonna-

1163
01:00:00.000 --> 01:00:09.120
type in the chat what area of IP pertains to what is on the screen. We're going to start

1164
01:00:09.120 --> 01:00:12.960
out with line number one. I'm going to make the chat bigger so I can see this.

1165
01:00:16.480 --> 01:00:18.160
Okay, here we go. Now I can see.

1166
01:00:20.720 --> 01:00:26.320
Oh, Helene. Helene, that's a good point. Remember how I told you this is Helene's favorite day?

1167
01:00:27.280 --> 01:00:31.360
She just raised a point to me, which is a really, really, really good point.

1168
01:00:31.360 --> 01:00:34.320
I'm going to share this for all of you because I've talked about this before,

1169
01:00:34.320 --> 01:00:38.640
but I didn't mention it this time. If you're a solo inventor and you file a patent application,

1170
01:00:38.640 --> 01:00:44.160
you can actually file as what's called a micro-entity, in which case your fees are less

1171
01:00:44.160 --> 01:00:49.280
with the government. There's micro-entity, there's small entity, and there's large entity.

1172
01:00:49.760 --> 01:00:57.840
Large entity is 500 more employees or 500 more individuals. Less than 500 individuals is called

1173
01:00:57.840 --> 01:01:03.600
small entity. Micro-entity is one individual, or if you have an educational institution,

1174
01:01:03.600 --> 01:01:08.880
you can claim to be a micro-entity. There's different qualifications for it. You can look

1175
01:01:08.880 --> 01:01:14.320
it up on the USPTO website. Thank you, Helene. That's a great thing to mention to people.

1176
01:01:15.040 --> 01:01:21.520
Number one, you own a small company called Burger Town. Man, you guys are all over this.

1177
01:01:23.680 --> 01:01:30.800
I didn't even say it. Look, Jocelyn's numbering the scenarios and writing down the answers.

1178
01:01:33.200 --> 01:01:39.680
This is great. I love it. I love it. Yes, you own a small company called Burger Town. Burger Town

1179
01:01:39.680 --> 01:01:48.080
is a wordmark. It is protectable under trademark law. Number two, it says your number one selling

1180
01:01:48.080 --> 01:01:53.280
burger is called the Belt Buster. For that, what do we have? Trademark, yep, trademark,

1181
01:01:53.280 --> 01:01:59.440
trademark. That's right. Very good. Look at that. Come on. Giddy up. This is awesome. Yes,

1182
01:01:59.440 --> 01:02:05.200
Belt Buster. I love this. This is so satisfying. I love this. See, everybody's getting it. That's

1183
01:02:05.200 --> 01:02:11.120
right. I'm so proud of them. The name is right. It's a name. Now, there are two words there,

1184
01:02:11.120 --> 01:02:15.600
still trademark. Boom, you got that right. Now, we're going to start getting a little more

1185
01:02:15.600 --> 01:02:19.360
complicated, going into a little more detail. Helene, you're going to want to change it to

1186
01:02:20.480 --> 01:02:24.720
come off of direct message to the other version so other people can see what you type to at this

1187
01:02:24.720 --> 01:02:32.560
point. All right. Number three, you have a website advertising the company, providing a menu,

1188
01:02:33.200 --> 01:02:37.680
and describing ingredients, preparation techniques, and health information

1189
01:02:37.680 --> 01:02:46.480
regarding each item on the menu. What are the different areas of IP for scenario number three?

1190
01:02:47.280 --> 01:02:55.280
Let's see what you guys get. I'm seeing copyright. Yep. I'm seeing patent, possibly. Yeah.

1191
01:02:56.160 --> 01:03:01.600
Okay. Let's go through this together. It's a website. We know that websites are protectable

1192
01:03:01.600 --> 01:03:05.840
under copyright law. We know that the words on the websites are protectable under copyright law,

1193
01:03:05.840 --> 01:03:09.600
and we know that the images on websites are protectable under copyright law.

1194
01:03:09.600 --> 01:03:15.360
Now, if you have downloadable forms on your website or on your funnel, your forms should

1195
01:03:15.360 --> 01:03:21.840
be protectable under copyright law as well because they're writings. Let's say you have a website,

1196
01:03:22.800 --> 01:03:26.880
and on there, there's a link for somebody to download a PDF. Make sure on the PDF,

1197
01:03:26.880 --> 01:03:31.440
you put your copyright notice. Then on your website, you should have your copyright notice

1198
01:03:31.440 --> 01:03:37.440
as well. In your terms and conditions or your terms of service, you should actually have

1199
01:03:37.440 --> 01:03:44.560
in there a statement with regard to intellectual property law. That's really important to keep in

1200
01:03:44.560 --> 01:03:49.840
mind. A lot of people within the network actually end up asking, well, I need terms and conditions.

1201
01:03:49.840 --> 01:03:53.600
We have stuff like that there as well. We can help you out with stuff there as well.

1202
01:03:56.080 --> 01:04:03.120
The menu itself, copyright law. Now we have describing ingredients, preparation techniques.

1203
01:04:03.760 --> 01:04:07.920
Is it possible that there might be a preparation technique that is protectable under patents?

1204
01:04:08.480 --> 01:04:15.040
It's possible. It would be hard. It'd be hard because if it can be exclusively done by a human

1205
01:04:15.040 --> 01:04:23.120
being, then the government doesn't like to give patents to people for obtaining legal rights to

1206
01:04:23.120 --> 01:04:27.280
something that can be done by a human being because you can't tell if somebody's done that

1207
01:04:27.280 --> 01:04:33.280
before. For that reason, it's hard to know whether or not it's new, it's novel. If it's done by a

1208
01:04:33.280 --> 01:04:39.680
machine, it's different. You know, okay, this is a machine for doing X. That machine has never

1209
01:04:39.680 --> 01:04:46.720
existed before. Since that machine is now available, we know that this is something new

1210
01:04:46.720 --> 01:04:52.720
and you contain legal rights to that on the patent law. Okay. Number four. Now we start digging in.

1211
01:04:52.720 --> 01:04:59.440
Now we go deep. Now we go deep. What if you used AI to create the website? All right. Well, let's

1212
01:04:59.440 --> 01:05:00.000
answer that question.

1213
01:05:00.000 --> 01:05:02.000
Next question, Adelaine says,

1214
01:05:02.000 --> 01:05:05.100
what if you use AI to create the website?

1215
01:05:05.100 --> 01:05:06.520
Somebody tell me the answer to that.

1216
01:05:06.520 --> 01:05:07.840
Somebody unmute.

1217
01:05:09.000 --> 01:05:10.400
Let's see what you guys have learned.

1218
01:05:10.400 --> 01:05:12.360
Let's see if anybody wants to,

1219
01:05:12.360 --> 01:05:15.120
and again, guys, don't worry about getting things wrong.

1220
01:05:15.120 --> 01:05:15.960
Nobody cares.

1221
01:05:15.960 --> 01:05:18.360
It's currently you can't copyright that.

1222
01:05:20.080 --> 01:05:22.320
Why, why can't you copyright it?

1223
01:05:22.320 --> 01:05:27.320
Because the US Patent Office does not recognize

1224
01:05:30.000 --> 01:05:35.000
AI produced prompts.

1225
01:05:36.480 --> 01:05:38.460
Yes, yeah, not the prompts,

1226
01:05:38.460 --> 01:05:40.640
but the results of the prompts,

1227
01:05:40.640 --> 01:05:43.640
the Copyright Office has stated

1228
01:05:43.640 --> 01:05:45.920
that whatever is created through use of prompts

1229
01:05:45.920 --> 01:05:49.960
in AI software is not copyrightable.

1230
01:05:49.960 --> 01:05:52.000
Okay, now, just again,

1231
01:05:52.000 --> 01:05:53.680
I wanna make sure this is clear for everybody

1232
01:05:53.680 --> 01:05:55.160
who's a prompt engineer,

1233
01:05:55.160 --> 01:05:56.520
who's spending a lot of time and money

1234
01:05:56.520 --> 01:05:57.640
creating these prompts.

1235
01:05:57.640 --> 01:06:00.460
Your prompts are protectable under copyright law,

1236
01:06:01.360 --> 01:06:04.200
meaning that elongated detailed description

1237
01:06:04.200 --> 01:06:06.980
that you put in after you do slash,

1238
01:06:06.980 --> 01:06:10.160
imagine, blah, blah, blah, blah, blah, blah, blah, blah.

1239
01:06:10.160 --> 01:06:12.900
That blah, blah, blah, blah, blah, blah, blah, blah

1240
01:06:12.900 --> 01:06:15.460
is protectable under copyright law.

1241
01:06:16.600 --> 01:06:20.680
What's not protectable is the result of that prompt.

1242
01:06:20.680 --> 01:06:22.980
Okay, just keep that in mind.

1243
01:06:22.980 --> 01:06:25.160
All right, so for number four,

1244
01:06:26.160 --> 01:06:29.480
you have a new process for keeping inventory

1245
01:06:29.480 --> 01:06:33.360
of burgers prepared and for determining loss of profits

1246
01:06:35.000 --> 01:06:39.720
by using a novel pressure sensitive device

1247
01:06:39.720 --> 01:06:44.620
located within a grill used for preparing burgers.

1248
01:06:45.840 --> 01:06:48.460
Then it says the burgers is placed

1249
01:06:48.460 --> 01:06:50.880
on an indented surface of the grill.

1250
01:06:50.880 --> 01:06:53.220
During cooking, the indented surface

1251
01:06:53.220 --> 01:06:55.120
has a pressure sensitive switch

1252
01:06:55.960 --> 01:06:58.200
that's thrown when the weight of the burger is detected.

1253
01:06:58.200 --> 01:07:00.280
Software within a computer is capable

1254
01:07:00.280 --> 01:07:02.760
of comparing the number of detected burgers

1255
01:07:02.760 --> 01:07:04.520
to actual sales of burgers

1256
01:07:04.520 --> 01:07:07.440
to determine how many cooked burgers were never sold.

1257
01:07:07.440 --> 01:07:10.720
As an example, they were burned, they were dropped,

1258
01:07:10.720 --> 01:07:13.120
free replacements were provided to others,

1259
01:07:13.120 --> 01:07:15.200
or they were claimed as a working benefit

1260
01:07:15.200 --> 01:07:17.360
of a disgruntled employee.

1261
01:07:17.360 --> 01:07:19.120
Yeah, we've never done that, right?

1262
01:07:20.960 --> 01:07:23.480
The reason why I worked at Carvel as a child

1263
01:07:23.520 --> 01:07:26.200
was because I just liked the company.

1264
01:07:26.200 --> 01:07:28.160
Yeah, that's why.

1265
01:07:28.160 --> 01:07:29.840
That's why I did it.

1266
01:07:29.840 --> 01:07:31.600
I thought they had a good business structure.

1267
01:07:31.600 --> 01:07:33.600
That's why I worked there when I was 18.

1268
01:07:33.600 --> 01:07:36.880
Yeah, so with that being the case,

1269
01:07:36.880 --> 01:07:39.040
looking at number four, absolutely.

1270
01:07:39.040 --> 01:07:42.640
Patent all day long, without a doubt,

1271
01:07:42.640 --> 01:07:45.500
but let's see what parts are patentable, right?

1272
01:07:45.500 --> 01:07:47.760
So it says it's a new process.

1273
01:07:47.760 --> 01:07:49.440
If it's a new process,

1274
01:07:49.440 --> 01:07:52.880
that method associated with that process

1275
01:07:52.880 --> 01:07:54.320
could be protectable.

1276
01:07:54.320 --> 01:07:58.000
It also says in here that there's a pressure-sensitive

1277
01:07:58.000 --> 01:08:00.180
device located within a grill.

1278
01:08:00.180 --> 01:08:03.760
So that means a grill having a pressure-sensitive device,

1279
01:08:03.760 --> 01:08:07.640
that might be protectable under a separate patent, okay?

1280
01:08:07.640 --> 01:08:09.140
Then on top of that,

1281
01:08:09.140 --> 01:08:13.820
there's this method that's being done using software.

1282
01:08:13.820 --> 01:08:17.279
So the process that's executed using the software,

1283
01:08:17.279 --> 01:08:20.359
which is detecting the number of burgers

1284
01:08:20.359 --> 01:08:21.720
that are placed on here

1285
01:08:21.720 --> 01:08:23.800
versus the burgers that are consumed,

1286
01:08:23.800 --> 01:08:24.920
that whole process,

1287
01:08:24.920 --> 01:08:27.100
that in and of itself might be protectable.

1288
01:08:27.100 --> 01:08:29.439
So you essentially could have three different patents

1289
01:08:29.439 --> 01:08:30.840
out of this, if not four.

1290
01:08:33.240 --> 01:08:38.040
A really good patent attorney will take this and create,

1291
01:08:38.040 --> 01:08:39.680
they could file one patent application

1292
01:08:39.680 --> 01:08:41.640
with four different sets of claims,

1293
01:08:41.640 --> 01:08:44.439
or they could file multiple patents, at least two.

1294
01:08:44.439 --> 01:08:45.760
So you can say what?

1295
01:08:45.760 --> 01:08:46.720
Type in the chat.

1296
01:08:46.720 --> 01:08:47.920
So you could say what?

1297
01:08:47.920 --> 01:08:50.000
What do you want to be able to say?

1298
01:08:50.000 --> 01:08:53.240
So the competition stays out of your burger place.

1299
01:08:57.359 --> 01:08:58.479
Not quite there yet.

1300
01:08:58.479 --> 01:08:59.399
Anybody know?

1301
01:08:59.399 --> 01:09:01.040
You're almost there.

1302
01:09:01.040 --> 01:09:02.120
Patents pending.

1303
01:09:02.120 --> 01:09:03.640
Yes, Patty.

1304
01:09:03.640 --> 01:09:05.160
Yes.

1305
01:09:05.160 --> 01:09:07.380
Patents pending.

1306
01:09:08.319 --> 01:09:11.899
Because now the competition doesn't know,

1307
01:09:11.899 --> 01:09:13.479
did he just get a patent for,

1308
01:09:13.479 --> 01:09:15.000
or just file for the switch?

1309
01:09:15.000 --> 01:09:16.160
Did he file for the system?

1310
01:09:16.160 --> 01:09:17.160
Did he file for the method?

1311
01:09:17.160 --> 01:09:18.740
I don't know.

1312
01:09:18.740 --> 01:09:20.520
So because of that,

1313
01:09:20.520 --> 01:09:23.580
filing two patents is very powerful, very effective.

1314
01:09:23.580 --> 01:09:26.100
And then finally, scenario number five,

1315
01:09:26.100 --> 01:09:28.100
or clause number five,

1316
01:09:28.100 --> 01:09:32.700
it says you also sell a new drink called Hunger Aid

1317
01:09:32.700 --> 01:09:35.740
that everyone loves and no one knows how to replicate.

1318
01:09:35.740 --> 01:09:37.660
I did not talk about this.

1319
01:09:37.660 --> 01:09:39.760
So I'm going to talk about this now.

1320
01:09:39.760 --> 01:09:42.500
If you have something that nobody knows how to do,

1321
01:09:42.500 --> 01:09:45.279
and there's no way for them to reverse engineer it,

1322
01:09:45.279 --> 01:09:46.439
but you could sell it,

1323
01:09:47.399 --> 01:09:50.420
and nobody can figure out how it's made,

1324
01:09:51.359 --> 01:09:54.000
you can maintain what's called a trade secret.

1325
01:09:55.000 --> 01:09:57.200
A trade secret lasts longer than a patent.

1326
01:09:57.200 --> 01:09:59.680
A patent lasts for 20 years from

1327
01:10:00.000 --> 01:10:06.960
filing. A trade secret can last forever. No expiration. But you've got to make sure you

1328
01:10:06.960 --> 01:10:11.680
don't disclose it to others. There's no way to reverse engineer it. You're taking certain

1329
01:10:11.680 --> 01:10:18.000
measures like if it's associated with a software on your back-end system, you're making sure nobody

1330
01:10:18.000 --> 01:10:24.240
can access the software itself. It's on a single computer. It's not on your local area network.

1331
01:10:24.240 --> 01:10:29.840
You're doing a lot of different steps to make sure nobody can access it. KFC.

1332
01:10:32.960 --> 01:10:39.760
I don't know. Maybe. Maybe. The one that comes up to me, the one that I think of is like Coca-Cola,

1333
01:10:39.760 --> 01:10:45.120
right? The Coca-Cola formula. Pepsi comes out with something. I think it's sweeter,

1334
01:10:45.120 --> 01:10:52.000
tastes different. Since nobody can figure out what are the components of the Coca-Cola formula,

1335
01:10:52.000 --> 01:10:56.800
if you're an employee, you leave there and you go to another place and that other place starts

1336
01:10:56.800 --> 01:11:01.840
creating Coca-Cola, like literally the same taste, Coca-Cola is going to sue them. They're

1337
01:11:01.840 --> 01:11:09.520
going to allege that their formula was received by a former employee who went to another location.

1338
01:11:10.640 --> 01:11:14.960
But Coca-Cola doesn't give their formula to everybody. It would have to be somebody who

1339
01:11:14.960 --> 01:11:21.520
has access to that for a reason. With that, why don't you stop sharing for a minute there.

1340
01:11:22.960 --> 01:11:30.240
Okay, so I want to congratulate all of you. Personally, you have completed the Protect

1341
01:11:30.240 --> 01:11:38.400
Your Idea Challenge. We've covered copyrights, trademarks, patents. We talked a little bit about

1342
01:11:38.400 --> 01:11:45.920
trade secrets here over the last five days. I truly hope this helped all of you. It has been

1343
01:11:46.480 --> 01:11:51.440
a delight working with all of you. I've really enjoyed this. This is kind of like the sad part

1344
01:11:51.440 --> 01:11:55.600
when I say goodbye to people, but it was a lot of fun. I enjoyed doing this with all of you. I

1345
01:11:55.600 --> 01:12:02.240
hope you enjoyed it. We typically do this like every few months, like maybe every three months

1346
01:12:02.240 --> 01:12:12.000
or so. There'll likely be another one in about three months or so. I just want to say I'm glad

1347
01:12:12.000 --> 01:12:18.560
you're all here. I hope this helped you all out. Ray is going to send everybody out an evaluation

1348
01:12:18.560 --> 01:12:25.600
form. If you would just honor me by filling that out. Thank you, Daphne. I appreciate that.

1349
01:12:26.640 --> 01:12:31.520
Oh, Ray's got something to say. Ray, go ahead. I got another thing actually I'd like to ask of

1350
01:12:31.520 --> 01:12:37.840
everybody. I have a link to this software that we have that's called Video Ask. It's really great

1351
01:12:37.840 --> 01:12:42.080
because you don't have to fumble with files, but we would love it. It would help us and help me and

1352
01:12:42.080 --> 01:12:47.600
help other people who would like to. We can share your experience that you had here learning from

1353
01:12:47.600 --> 01:12:52.880
Peter, but if you could just give us a little feedback testimonial, that would be amazing. It

1354
01:12:52.880 --> 01:12:58.800
also helps us take a look at what mattered to you and how you feel helps in this and how it

1355
01:12:58.800 --> 01:13:03.760
impacted your business. That would be so great. We love those. I'm going to drop a link here for

1356
01:13:03.760 --> 01:13:10.560
that too. Thank you very much, Ray. From all the people that are involved in getting this to all

1357
01:13:10.560 --> 01:13:16.800
of you, there's people, obviously Ray, there's Larissa, myself, there's Liss who actually helped

1358
01:13:16.800 --> 01:13:22.160
out with some things, different times, Kareem, other people that jump in to help out. We just

1359
01:13:22.160 --> 01:13:25.360
really appreciate the opportunity to serve all of you, hopefully just help you all out.

1360
01:13:26.160 --> 01:13:35.120
And with that, we're at a close. We have completed the Protect Your Idea Challenge. Now, I have a

1361
01:13:35.120 --> 01:13:41.600
tradition that I've done every single challenge, which you can stay here now or you can go. It's

1362
01:13:41.600 --> 01:13:47.440
up to you. I pray over everybody's business. The reason why, one thing that most people don't know

1363
01:13:47.440 --> 01:13:52.000
is I'm actually an ordained minister, which is kind of funny because I'm a lawyer. Now,

1364
01:13:52.000 --> 01:13:56.480
that should not be funny. Nobody should be laughing right now. This is not humorous.

1365
01:13:58.080 --> 01:14:02.720
But the fact of the matter is I am an ordained minister and at the same time, I'm also an IP

1366
01:14:02.720 --> 01:14:08.080
attorney, which holds me to a different level of accountability. Let's put it that way.

1367
01:14:09.040 --> 01:14:14.080
When you think about what I'm going to do now in prayer, even if you don't believe,

1368
01:14:14.080 --> 01:14:18.560
just accept it as good wishes, quite frankly, because I know everybody believes in good wishes.

1369
01:14:19.360 --> 01:14:22.800
I just want to pray over everybody's business so everybody will be highly successful

1370
01:14:23.520 --> 01:14:31.280
and we'll take it from there. Thank you, Gloria. That is so kind. I appreciate that.

1371
01:14:32.400 --> 01:14:36.640
With that, let me just pray over everybody. Father God, I just want to thank you for every

1372
01:14:36.720 --> 01:14:41.680
single person who has been here during this challenge, during the Protect Your Idea challenge.

1373
01:14:42.560 --> 01:14:47.120
Father, I just ask that you move obstacles that they've had in their businesses where they've

1374
01:14:47.120 --> 01:14:53.280
tried to bring things forward. The right people didn't come up. The finances were not there.

1375
01:14:53.280 --> 01:14:58.480
Whatever the obstacles are, Lord, I ask in Jesus' name that you move those obstacles now, Lord,

1376
01:14:58.480 --> 01:14:59.760
that you provide clarity.

1377
01:15:00.000 --> 01:15:29.360
wisdom, discernment, that they could see what they should be pursuing, because there's a number of people here that even have over five different ideas that they would know which ones to pursue first, second, third, Lord, I asked that they would be able to, to hire the right people that they would, those people would come to them, that they would know clearly who the right people are. And even the people that don't belong within the company, they would know that as well, Lord, that there would be just this clarity,

1378
01:15:29.520 --> 01:15:36.080
this crystal clarity as to who does not belong within the company. Father, I just bless them.

1379
01:15:36.080 --> 01:15:41.280
I bless what you've deposited into them. Lord, I ask that it would come to be just be very fruitful,

1380
01:15:41.280 --> 01:15:46.640
not only for themselves, for all those that they serve, and that all this happens in your name,

1381
01:15:46.640 --> 01:15:55.040
Jesus name, for your glory. Amen. Amen. All right, my friends, we are closed VIP.

1382
01:15:55.040 --> 01:16:02.800
We'll take a 10 minute break. I'm going to make a smoothie. And then we'll jump into VIP.

1383
01:16:06.000 --> 01:16:10.800
Gosh, this is hard to say goodbye to people. This is the worst part. So I'm sure I'll see you guys

1384
01:16:10.800 --> 01:16:16.320
around. I'll see you. He never, he never is able to do this part. Yeah, so I'm gonna jump off.

1385
01:16:16.320 --> 01:16:21.040
He enjoys teaching you. I'll see you in VIP and VIP. We have a different party going on over there.

1386
01:16:21.920 --> 01:16:25.200
It has been my honor. Thank you so much for the comments. I really appreciate it.

1387
01:16:26.160 --> 01:16:30.640
I will see all of you shortly. I'll leave you with Ray for a few minutes while I go make a

1388
01:16:30.640 --> 01:16:40.720
smoothie. Let me make you host. I made you co-host. Hey, Helene. Thank you. Oh, you're so welcome.

1389
01:16:41.360 --> 01:16:45.760
It's always a pleasure having you stop by. I love having you here, especially on patent day. You're

1390
01:16:45.760 --> 01:16:51.120
like, you're the best. I really enjoy having you around. One of these days. I'll get them licensed.

1391
01:16:52.080 --> 01:16:58.800
Yes, I know. Yes, absolutely. Absolutely. All right. Let me jump off. Ray, you actually have

1392
01:16:58.800 --> 01:17:06.480
controls. So I'll let you do that. All right, guys, I will stick around here and

1393
01:17:09.520 --> 01:17:13.040
make sure that you guys have any administrative questions. I'd be happy to ask them

1394
01:17:13.920 --> 01:17:21.040
or answer them. Not ask them. Oh, hi. I just sent you a message. I don't know if you saw it. It's

1395
01:17:21.040 --> 01:17:29.760
Nadine. Let me get on gallery view. Who is talking here? Oh, it's Nadine. Oh, Nadine. Yes, I just saw

1396
01:17:29.760 --> 01:17:34.480
your message. I don't know about tonight just because it's already going to be late after VIP

1397
01:17:34.480 --> 01:17:41.360
when Peter gets off and he's the one who handles those documents. OK, so if you need it tonight,

1398
01:17:41.360 --> 01:17:46.640
I could talk to him about it. But before before three tomorrow,

1399
01:17:48.160 --> 01:17:54.480
then again, I'll send you a private message. Sure. Yeah. We can also message over in the VIP to.

1400
01:17:59.920 --> 01:18:01.440
Any other questions I can help answer?

1401
01:18:01.440 --> 01:18:21.120
So great having you guys, Jeff, I'm glad you made it. Ray, you mentioned something that we could fill out. I'm looking for where that is. Did you post that in the chat?

1402
01:18:25.280 --> 01:18:30.560
Testimonial feedback. Peter had not been doing the form one lately,

1403
01:18:30.560 --> 01:18:34.000
so I didn't have an updated form ready. So I will get it in the Facebook group.

1404
01:18:34.720 --> 01:18:40.320
OK, but this one is for video. This one is just more of stuff that we can share with other people

1405
01:18:40.320 --> 01:18:45.760
to let them know how it was for you. You know, when you took the challenge as a member now,

1406
01:18:45.760 --> 01:18:51.760
so you got to have that experience. So it helps us with our content, but in sharing with others.

1407
01:18:51.760 --> 01:18:57.280
But I will definitely get the form over in the feedback or in the in the Facebook feed. And then

1408
01:18:57.840 --> 01:19:04.320
or I'll also try to email it out to you guys. Thank you. You're welcome. Yeah.

1409
01:19:05.840 --> 01:19:09.360
What happens with the Facebook group now? We typically keep it open for,

1410
01:19:09.920 --> 01:19:12.560
you know, 30 to 90 days around as long as the.

1411
01:19:14.480 --> 01:19:20.400
The replays are available, but that's kind of pretty much just that. So we do have a main

1412
01:19:20.400 --> 01:19:26.000
Facebook group that you're welcome to join if you didn't join any of our other programs.

1413
01:19:26.000 --> 01:19:30.560
The main Facebook page will allow you to stay in touch with us here. I'll grab this link for you

1414
01:19:30.560 --> 01:19:36.480
here. Stay in touch with us between challenges, so if you ever want to know what we're up to,

1415
01:19:36.480 --> 01:19:39.280
new programs we're offering, new class types we're offering,

1416
01:19:40.240 --> 01:19:43.200
you can join us on this main Facebook page and we'll always update in there.

1417
01:19:47.920 --> 01:19:52.320
But if you're in our protection portal and our foundations and IP package, it's kind of like

1418
01:19:52.400 --> 01:19:55.680
our current Facebook group, but on like hyperdrive,

1419
01:19:55.680 --> 01:19:59.840
like you have these epic entrepreneurs throwing in topics and everyone's discussing.

1420
01:20:00.000 --> 01:20:07.800
Even gets in there and responds when time permits, you know, and is able to go through them. And then sometimes that's where we, when there's like.

1421
01:20:07.800 --> 01:20:16.080
A really detailed topic, that's where we pull and we'll have in our protection portal meeting. He'll go over those in great detail too.

1422
01:20:16.080 --> 01:20:22.800
And sometimes it's the questions that our portal members email to him ahead of time too. And sometimes they're on the spot, just like in VIP. So.

1423
01:20:30.800 --> 01:20:35.280
Thank you, Ray. You've been very helpful. Anytime. I'm happy to help.

1424
01:20:35.280 --> 01:20:38.820
Yeah, we will see you guys.

1425
01:20:38.820 --> 01:20:55.920
What was that? I said you have been. Thank you very much. Oh, my pleasure. I'm really proud of you guys for going through all this and doing what most people don't do for their business. So, the things that they create, you know, it's part of what does make people successful and it's so important.

1426
01:20:55.920 --> 01:21:07.360
So, you guys have already taken steps towards that and have more understandings. You guys are ahead of the curve, which is awesome. So, I'm glad you guys are here. I'm glad you made it through it. Proud of you guys.

1427
01:21:07.360 --> 01:21:12.240
All right, we're going to close this up. You guys have a good night. Oh, hey, Jeff.

1428
01:21:12.240 --> 01:21:20.720
I wanted to thank you for introducing me to Peter. You've been great. Oh, you're very welcome. Jeff was my Uber driver. I have a question. How do I go?

1429
01:21:20.800 --> 01:21:25.680
If I want to review what we just did this five days, how do I go to the recording?

1430
01:21:27.440 --> 01:21:39.440
The email you registered with? The recordings are being sent out to you every day. So, if you haven't been seeing those in your inbox, you'll want to make sure that our email address is added into your contacts.

1431
01:21:40.400 --> 01:21:46.400
Somebody was talking over you. I couldn't hear.

1432
01:21:46.400 --> 01:22:03.280
Okay, hold on. I'm muting you. You'll want to take that email address I just dropped in the chat, copy and paste it in your search, and then sometimes our emails will go to spam, promotion, newsletter folders, just depending on your inbox carrier.

1433
01:22:03.840 --> 01:22:12.640
So, all of those replay links are emailed out to you the next morning. So, you know, we download them, we have to render them and edit them and put them up.

1434
01:22:12.640 --> 01:22:16.320
I do have it because I logged everything up.

1435
01:22:16.320 --> 01:22:32.320
Great. So, what I do is I just stack them. So, every day, I just make sure, like on day three, I make sure all three links are in there. And so, after day five, so Saturday morning, you'll get an email with all five links. And if you're VIP, you also get those five as well.

1436
01:22:32.400 --> 01:22:34.400
Perfect. Thank you so much.

1437
01:22:34.400 --> 01:22:38.000
Thank you. It's good to see you.

1438
01:22:42.080 --> 01:22:46.640
Okay, guys, have a great night. Enjoy your weekend.