Hey, happy Friday, everybody.
It's Friday.
Exciting.
Like, it's end of your week.
Hopefully, you guys are going to get a chance to enjoy your weekends.
This is amazing.
I'm looking forward to the weekend, although I'll be catching up at the law firm because
I took off all week.
All right, this is water, just so people know, but it's Buble water, so sparkling water,
so this is not legal advice yet.
I'm just starting to drink already.
So I think Heather raised a really good point.
And so I really wanted to, you know, kind of harp on what Heather was saying.
Inevitably, every time that I do this, there's, and I'm not sure when the next one will be,
I think we're going to have to figure this out.
But I always get these messages from people panicking, like they're just like, oh my gosh,
this is wrong.
That's wrong.
I can't trust this.
I can't trust that.
It's not really the case.
It's more now you have information to use for your benefit, right?
It's like before you never heard of vitamins.
Now you know that there's magnesium, there's selenium, there's vitamin C, there's vitamin
D, there's vitamin E. You don't, in the moment of hearing that, freak out and go, oh my gosh,
my whole life I never took a vitamin, I'm going to die.
You don't do that.
You kind of say, oh wow, you mean since I live in New Hampshire and it's like cold and
freezing six months of the year, I could take extra vitamin D and feel better?
That's great.
You know, that's a good thing, right?
And hopefully you're looking for a summer home or a winter home somewhere else as well.
But I mean, the point is the information is helpful.
So with that, I think I'm kind of like healing, emotionally healing during this session, you
know, about the cold weather and everything.
So I'm going to jump into patents today.
On top of that, I'm also going to show all of you how everything that you've learned
all fits together, like exactly how it all fits together by showing you a scenario and
all of you are going to go through a scenario and explain where the intellectual property
is specifically.
So that's all going to be there.
Before I jump into that, I want to let you guys know about one thing, because a number
of people asked me about this.
A number of people asked me about the network portion of the IP audit, because some people
don't need the IP audit yet, but they want this to continue.
And the reason why, quite frankly, is because we've got a lot of the law is changing.
In case you didn't notice, there's lawsuits that are being filed focused on artificial
intelligence.
There's all sorts of legal issues that are going on in intellectual property law, from
Elon Musk versus Microsoft, to Sarah Silverman suing OpenAI, to tons of people suing Google,
to now like the authors all sending notices to the CEOs of all these AI companies.
And now they're going after individuals that are using software platforms.
So all these things are happening in real time.
It's important for you to keep on top of this.
And then as you're implementing what you learned here on trademarks, on copyrights, on licensing,
on negotiations, on AI, on patents, all of these things that you've learned, as you're
implementing it, it's good to be in an environment where you can ask follow-up questions.
You're not going to be billed at $600 an hour plus.
Just ask a follow-up question.
You're going to continue to learn, and you'll be in an environment with other professionals.
So that is called the protection portal.
That's the protection portal portion.
Protection portal portion.
That's hard to do.
That's the protection portal portion of the IP audit, OK?
So I'm going to show you one slide that's going to take a minute, and then we're going
to move into patents.
Because this actually is where a lot of people end up going, is into the protection portal.
So Ashley, let me just ask this real quick.
Ray, do you have that one slide up?
We sent it over when we were working on stuff before.
OK.
I think I will grab it from there then.
It'll be easier.
Because I just restarted my computer, because over the last two times, things started freezing,
and I didn't want it to freeze up on us again.
So I'll show people what this is, and then we're going to jump into patents.
Canva.
Ashley, let me jump into patents first.
Ray, if you could find that in Simulink again, that's good, because it's not coming up here
anywhere.
I'll make a real educated guess on your Canva.
OK.
Yeah, it's not. When I restarted everything, it all disappeared. So I'm just going to jump right into patents, because I'd rather everybody understand the subject matter and they can learn about the portal after. So, all right, let's jump into patents.
So what a patent is, is it's a right, it's a government given right to stop others from making, using, selling or importing your technology.
All right, now that technology can be one of many different things. It could be anything from a system to a method to an apparatus, a device. It could be a lot of different things, but it's a grant to exclude others, to stop others.
So you get a patent right, that means you could stop others. What it doesn't mean, it does not mean that you can do anything.
That's kind of a shock to most people. Most people look and they say, hold it, I've got a patent right, that means I can make the product. No, it doesn't.
Getting a patent does not mean you can make anything. If you want to make sure that you can make something, then what you want to get is a clearance search.
It's called a clearance search. All right, the clearance search will actually allow you to make sure that there's no patents out there that cover what you want to make.
But getting a patent, like filing a patent, doesn't mean you can make the product that's covered by the patent.
It means you can stop others from making, using, selling or importing that product. That's what it means.
All right, because it's covered by the patent.
It's a really important distinction because I've had many people come to me as new clients saying,
I want to stop this. You know, I don't understand. I got a cease and desist. I want to stop this legal action against me. I have my own patent. I don't understand.
It's because, unfortunately, their legal counsel never tell them getting a patent doesn't mean you can make anything.
All right, so if your intention as owning a company is to be able to manufacture,
you don't have to have a patent to be able to manufacture. You just want to make sure you get a clearance search,
showing that you don't infringe anybody else's patent. Now, if you want to stop others from making the same product,
by all means, get a patent, because the patent will allow you to stop others from competing with you.
OK, so that's the beauty of having a patent. Now you get to get a limited monopoly on your technology.
Nobody gets to come in and do the same thing. They'll have to design around you.
They can't do the same thing, though. That's the beauty of the patent. OK, everybody understand that distinction?
It is a really important distinction because I can't tell you how many times they've had people come in as new clients
complaining that they have a patent and they got sued. And now I got to get them out of litigation
or take care of a cease and desist letter because they believe the entire time they were safe,
but they never heard of a clearance search. All right. Now, there's different parts of a patent.
But one of the things I want to do before I go into all the different parts, I'm going to ask you guys a question.
All right. You have an option. You have an option to own a patent on one of these two things.
Number one is a stool. The stool has a base and three legs, three legs and a base.
OK, the patent covers the base and three legs. Or you can get a patent on a chair which has a base, four legs and a back.
You can do either one. It's up to you which one you want. Number one is the stool.
Number two is the chair. Type in the chat, except Erica, not Erica because she's driving.
So type in the chat whether you would rather have the stool, which is number one, or the chair, which is number two.
OK. See what you guys have. Stool, stool, chair. Chair, stool, chair.
All right. So we have a mixture. We have a mixture, which is that's usually what we have.
So let me explain to you something. If you have a patent on the stool, the stool has a base and three legs, right?
So the platform you sit on and three legs. A chair has a base and four legs. So does the chair have at least three legs?
Yes. So if you own the patent on the stool, then you can stop somebody from making the chair.
Because it has at least a base and three legs. Since it has four legs, it has at least three legs.
Therefore, it infringes your patent. So by having the patent on the stool, you can stop somebody from making chairs.
You can stop somebody from making love seats.
to stop somebody from making tons of different things
just by the mere fact that you own the patent on the stool.
So broader claim coverage is important.
So when you hire a patent attorney
to draft a patent application for you,
make sure that your claims tend to be on the broader side,
as long as it's patentable.
Meaning that you're not trying to cover
things that already exist.
Because then they can invalidate your patent.
But the fact of the matter is, if you have broader claim
coverage, you'll make more money on licensing, on royalties,
on stopping others, all sorts of great things
you could do with broader claim coverage.
So that's something that people usually get wrong.
Because most people think, well, if I get a chair,
chairs are more expensive.
And there's a lot of different types of chairs.
So I'd rather have a monopoly on chairs than stools.
But the fact of the matter is, if you own the stool,
nobody can make the chair.
So a lot more powerful by doing that.
Now, a patent has multiple parts.
It has a title, field of the invention,
cross-reference to related applications,
summary of the invention, brief description of drawings,
abstract claims, detailed description,
at least one drawing if required to understand the invention.
So I basically said all of that so you realize
there's a lot of parts, a lot of parts in a patent.
It's one of the most expensive things to get.
Out of all the different types of protection,
trademarks, copyrights, patents, patents
are the most expensive, absolutely
the most expensive.
So now, the government realized that it was very expensive
to get a patent.
So they decided to create something
called a provisional patent.
Provisional patents basically will
maintain a filing date of your patent application,
but they don't have all of the parts that
are required for what's called a utility patent.
So to make it simpler, the big patent
that I told you about with all those parts,
that's called a utility patent.
A provisional is exactly what I just said, provisional.
It only requires a detailed description
to understand the invention and at least one drawing
if it's necessary to understand the invention,
and a title just to get the thing filed.
It doesn't need claims, doesn't need a ton of other things.
So I won't go into a ton of specifics,
which I would do with a lot of IP lawyers.
I'm not going to do all that.
The reason why I'm telling you the word provisional
is that if you're starting a company
and you want to protect your technology,
but you don't have a lot of money,
you may want to ask about what's called a provisional patent
application.
It should cost less than a utility patent application.
It preserves your filing date, and within one year,
you have to file your full blown patent
application, your utility.
So all you need to remember from everything I just said
is that if you're trying to protect your technology,
either your apparatus, your system, your method,
whatever it is, you're trying to protect that
and you don't have a lot of money,
ask about a provisional patent application.
That's all.
Just remember that language.
And your attorney will explain what it is, what's necessary.
And I'm not going to go into enablement and written
description.
You guys, it's too complicated for this group
to jump into that.
You don't need it, quite frankly.
Now, patents are used for a lot of different reasons.
One is offensively to take over a market.
It's also used defensively to make sure other people don't
come into your field.
They're also used to license.
Like if you get a patent, you can license it to a third party
and make money, which are called royalties.
You can sell your patents to others.
Remember, it's an intangible asset.
So you actually gain value by having a patent.
And in fact, if you have a patent portfolio,
if you go to a bank to obtain financing,
if you go to anyone to try to get a valuation of your company,
make sure that you mention your patents,
because patents tend to have the highest
value in an IP portfolio.
Unless you're like Coca-Cola, then obviously the name
is one of the most important assets,
and the trade secret for the formula of Coca-Cola.
But the fact of the matter is that if you have patents,
make sure that you let anybody who's
valuating, like giving a value to your company,
understand that so that they can now
look to see what is the value associated with your patents.
All right, so far we've covered what they are,
we kind of covered why you want them,
we covered the value of them,
but let me ask you a question.
Why should you file a patent?
Who cares?
Why can't I just keep it to myself?
Why do I have to spend $10,000
filing a patent application?
Well, if your technology, when it goes into the market,
can be reverse engineered,
meaning somebody can pick it up and create it themselves,
then you're gonna want a patent, all right?
If they can't reverse engineer it, if it's impossible,
like if it's a backend software system
where nobody has access to your code,
they don't have access to your functionality,
it's all on the backend in some server
that nobody has access to,
then you might not want to file a patent
unless you're just trying to keep the competition
from doing the same thing that you're doing
because nobody can access it, it's all hidden.
In that case, you might want to consider
maintaining it as a trade secret.
The other thing is if your technology
is gonna be obsolete within like three years,
don't file a patent, you're wasting your time and money.
If it's gonna be obsolete within five years,
I probably wouldn't even file a patent
because it's gonna last for maybe two years.
Filing a patent, it takes usually almost three years
to get out of a patent office.
When you file a trademark application,
within nine months, you usually have an office action.
When you file a patent
in the United States Patent and Trademark Office,
it could take two and a half years
to get a first office action.
It depends upon the art unit.
It depends upon like how many patents
are pending in that field.
So as a general rule, if it can't be reverse engineered,
you may want to think twice about a patent.
You may want to save the money.
If it's something that's gonna be obsolete
in three years to five years,
you may not want to file a patent
because it's gonna take you a good two and a half
to four years to get out of a patent office.
Depending on the complexity of technology,
the number of people that have filed patents
in the same area, the number of examiners,
it's a long, long, long process.
So just keep that in mind
if you're trying to figure out,
should I file a patent?
Should I not file a patent?
One of the best things to do
is actually to consider the things I said.
Can it be reverse engineered?
And how long is the technology gonna last?
Those are the two biggest things to look at.
Now, there are, I'm gonna cover two more things
and then we're gonna go into the summary.
So there are different types of patents.
If it's a design like, oh, like the iPhone,
perfect example, the iPhone, right?
Everybody knows the look of the iPhone,
that is protected by design patents.
Now, a design patent is only protecting the look,
that's it, it's the design, that's it.
Just exactly how it looks,
that's the only thing that's protected.
Not the functionality, not the usability, just the look.
So if you wanna protect the look of the Coca-Cola bottle,
you would file a design patent.
If you wanna protect the look of the iPhone,
you'd file a design patent.
Samsung has its own like look to its phones.
I use Samsung, so,
just because I think their cameras are awesome.
But like this is, this is a Samsung.
This looks very different from an iPhone, very different.
Like this, this is a gigantic rectangle, all right?
There's not a lot of skill that went into making this.
It just looks like a gigantic rectangle.
That's what it looks like, all right?
So, but the reason why they're doing
just a gigantic rectangle is because the iPhone,
which is owned by Apple, has a very distinct look to it,
which is owned by Apple.
And Apple has sued Samsung and other companies
for having similar looks to their phone.
Now that's just the look.
I'm not talking about the functionality,
like you touch the screen and boom,
you get like, you know, it turns on
or you push the button on the side and it turns on.
I'm not talking about functionality.
That's completely different.
I'm just talking about the look, just the look.
That is a design patent.
Design patents cost a lot less money.
So if you get a really cool look
to whatever you're creating,
you might wanna consider a design patent.
They're really short, they're really inexpensive,
and they last for 14 years,
14 years versus 20 years from filing.
A utility patent lasts 20 years from filing.
a design patent lasts for 14 years, okay?
So those are, that's just,
it's basically a general overview of patents.
I didn't want to like scare people
and because patents can be very complex, very technical.
I've been a patent attorney for 25 years.
It is intense, you know,
and I'm also an electrical engineer on top of that.
So it can be very intense, but for you,
I think the most important things are
just because you have a patent
doesn't mean you can make the product.
That is the first thing you got to remember.
Number two, I want broad claim coverage.
If I get a patent, I want broad claim coverage.
Number three, if I want to make sure
I can make the product, I get a clearance search.
A clearance search will make sure
I can make the product, okay?
Number four, if the technology is going to be obsolete
within three to five years, I may not even file a patent
because it's probably going to take me two to three years
to get out of the patent office, all right?
So it's not worth $10,000 for patent coverage
for a year to a year and a half.
It may not even be worth it to you, okay?
Number five, if the technology cannot be reverse engineered,
then I might want to keep it as a trade secret
instead of filing a patent,
if it can't be reverse engineered, thereby saving money.
But there's a lot of requirements
for maintaining a trade secret,
which we won't go into now
because I don't want to,
it's just a lot, a lot of detail for trade secrets.
But just to give you a quick overview,
only those who need to see it can see it.
It's on its own server, like on its own computer,
not connected to a local area network.
It's like isolated.
Only the people that have to see it can see it.
Nobody else has access to it.
I mean, there's so many restrictions
to be able to maintain a trade secret
versus something that you're going to patent.
So I want you guys to just have like
that kind of top level overview of where patents come in.
Now, patents are one of the most powerful IP rights
out there because somebody infringes your patent,
you can make millions.
I mean, it's not uncommon to have rendered decisions
in the millions for patents.
It's extremely uncommon to see decisions
in the millions for copyrights, all right?
But you're talking to $65 registration
versus with the United States Patent and Trademark Office,
I mean, it's closer to $1,000 or so,
but still when you add the attorney fees,
you're looking at 10,000 versus maybe 300 for a copyright.
So that's a general top level overview of patents.
I think I want to stop there.
I don't want to go deeper in that app
because it can get confusing.
I'll just mention one other thing.
Let's say you want rights in a foreign country,
you can foreign file.
That's, you just need to know that
it is possible to foreign file, okay?
All right, so now what I want to do is something
that I think is a lot of fun personally.
Okay, I'm going to prove to you guys,
let me ask you a question first.
Do you feel like this week,
do you feel like you've learned something
just by a show of hands?
Has everybody learned something?
Is there anybody that feels like they learned nothing?
All right, so look, here's the thing.
I'm going to show you a scenario
and you are going to tell me what branch
of intellectual property law
is associated with what I show, okay?
I'm going to show you one line at a time
and you're going to type either copyright,
trademark, patent.
You just type on the screen what you believe
is the area of intellectual property
associated with what I show you, okay?
All right, so here we go.
Let me share my screen.
And the reason why I'm doing this honestly
is we've gone through a lot, a lot.
Just like I've taught entire courses at law schools.
What I did was I took certain areas
that I know will affect your businesses without a doubt.
All right, so I've taken like what I've learned
over years and years and I've taken the one specifically
that will affect you and your business directly.
And I've tried to give you those things only.
So now I'm going to give you real life scenarios
and you're going to tell me what area of IP
pertains to what I'm going to show you.
So let me share my screen.
All right, here we go.
Here is statement number one.
You own a small company called Burger Town.
Tell me what area of IP, patents, trademarks,
or copyrights are associated with that statement.
Trademark, trademark, come on, come on, trademark, trademark, okay, all right, good, yeah, you
guys got it.
It is trademark.
So, the part that is, actually, you know what I'm going to do, I'm going to make this more
interactive.
So, somebody raise your virtual hand and tell me why this is, there's a trademark issue
here.
Let's see if I can get more people on the screen here.
Vicky, go ahead.
Because Burger Town is a specific name.
Right, Burger Town is the name, correct.
So, therefore, that is a trademark.
All right, so let's go to the next line.
The next line is, your number one selling burger is called the Belt Buster.
What area of IP?
Great, I see 1TM from Pamela.
Yeah, Heather, yeah, David, yeah, Hannah, yeah, Vicky, Tony, Mark, yeah, exactly.
So, same idea.
It's another name, right?
Now, let's start making it a little more complicated.
You have a website advertising the company, providing a menu, and describing ingredients,
preparation techniques, and health information regarding each item in the menu.
Look at that.
Anita didn't waste any time.
I didn't even ask the question.
Jeez.
This is good.
People have answers already.
I didn't even ask the question.
Yes, so the question is, what area of IP?
Okay.
Oh, Hannah has an interesting part here.
It says she has trade secrets as well.
All right, so let's check this out.
So, somebody volunteer to tell me where you see different areas of IP.
All right.
Now, this is a long statement.
And you don't have to worry about getting things right.
We're all here together to support each other.
But tell me where.
All right, Heather.
Let's unmute Heather.
Go right ahead, Heather.
Actually, I want to start from a different direction.
I think trade secrets would not be there because there's nothing unique about health information and food.
It either has vitamin C or it doesn't.
So, I wouldn't think that trade secret would go there.
All right.
I'll address that part.
So, what do you see on the copyright side?
On the copyright side?
Well, it's not a name.
Well, it said you have a website advertising the company, but it still doesn't have a name.
Yeah, I think copyright.
Okay.
If you said you have a website advertising the Yellow Submarine Company, you might want to do a trademark.
Okay.
All right.
Anita, why don't you jump in?
What do you think?
Well, copyright because it's content.
So, it's stuff that you're actually writing out.
Yeah, yeah.
That's good.
Yeah.
So, let's see.
So, here you see there's a website.
It's number one.
Anybody here is doing websites, funnels that contain your own content that you've created, protectable by copyright.
Like I mentioned to you guys before, there was a gentleman who created websites for dentists.
He had on the site not only content that described different procedures, but he had images.
And one of the pictures, one of the images was actually his wife's teeth.
I don't know why he did that, but he had his wife's teeth.
So, he called me up really mad because he said, my wife's teeth is on other people's websites.
And I said, what the heck are you talking about?
He said, I make these dentist sites, and I thought it was really good to show some set of teeth.
So, I used my wife's teeth, but now it's on everybody's website.
I said, well, that's a whole other problem.
But the fact of the matter is that we got a copyright for his website, and nobody else was able to take his wife's teeth and advertise them.
So, he was very happy after that.
So, let's see.
After that, it says providing a menu.
So, menus, absolutely.
You got copyrighted material there.
All right.
So, now it has describing ingredients, preparation techniques, and health information.
Okay.
So, I can see why somebody.
would think well maybe there's some trade secret stuff there like what about the preparation
techniques so as an example you know grandma's apple pie if it's not in a book isn't that a
trade secret if she kept it to herself it's possible the only thing that would throw that
off is that it says that the website advertises and actually has on the website the preparation
techniques and the ingredients so for that reason since it's out in the public it couldn't be a
treat trade secret because other people would see it okay so let's see richard had a question
it says question richard let's unmute richard okay yeah excuse me hi hi so on the on the website
thing i have a company building a website because they have standard building techniques this
company out of san diego because they advertise financial planning etc and they have different
different videos different content etc that they already use
and they're well they're pretty well known however if i add content to it
do i then have every time i write something do i have to protect that so no one steals it from my
website uh well all right so first thing is you mentioned that it was somebody else's website
no it's my it's my they're making they're making it for me so somebody's creating a website and
giving you the website right and then you're adding content to the website yeah but they
already have content on there yeah sure sure so the so basically the question everybody really
is along the lines of when do you actually have to file new copyrights do can you just
rely upon the original work or do you have to file new copyrights every time something's added
to something and so um the way i look at something like that is when somebody has an original
copyrighted work if the modification is not substantial i don't tend to all right look
this is not legal advice right i'm just telling you this is what i do
i this is not this is not right for other derivative works um i don't file new copyright
for other derivative works what i do is since it's a derivative work i rely upon the original
copyright for that but if the modification is substantial like a whole new section is being
added to a website or another chapter to a book or another book in a series then i'll file a new
copyright application on that because that's a new work uh but i would not file for copyrights
on every single modification that i do to something i just think it's a waste of money
personally uh especially since if somebody does that it arguably it's a derivative and the only
one who can make a derivative is the original copyright owner this is this is something that
we kind of alluded to between myself and chris guen from nintendo was that two days ago or
yesterday it was yesterday it was only yesterday wow yeah so we kind of alluded to this a little
bit which is like when do you need to file something new or not and that's if it's a
derivative it's a legal right to the original copyright owner so you don't need to waste
the money on it all right so moving forward the next one you have a new process for keeping
inventory of burgers prepared and for determining loss of profits by using a novel pressure sensitive
device located within a grill used for preparing for preparing burgers just that part alone
somebody type in the chat oh anita already wrote i didn't even ask
uh let's see we got patent patents yep we got a lot of patents so yes patent is correct so
the giveaway is new process it's keeping inventory of burgers prepared and for determining loss of
profits by using a novel means that it's new pressure sensitive device so now the question
is what exactly in this statement here is patentable right because if you're owning a
company now you want to ask the question like all right i've got something new in here
cool but what do i protect like i'm not sure what part of this should i protect
so it says you got a new process for keeping inventory of burgers prepared and for determining
loss of profits by using a novel process device located within a grill used for preparing burgers
so absolutely heather you've got yep and pamela's got as well you got the process and you
You've got the device.
You've got both.
Now, one thing that people will miss, and this is,
what I'm giving you right now is advanced knowledge.
Like this is something that lawyers pay me
for to train them on.
I'm just going to give you this hint.
If you make your patents cover things that are very small,
you're only going to make small amounts of money.
If you make your patents cover things
where that small thing is included in something bigger,
you can make bigger damages, all right?
As an example, I had patents for,
I don't know if you guys know the company Charbroil.
They make grills, right?
They were one of our clients.
They had a clip that was used to hold the glass
on the grill cover, okay?
So it was a brand new clip, never existed before.
So what did they do?
They said, hey, we want to own the clip.
And we said, all right, look, this clip is like 15 cents,
just to be clear, like it's a 15 cent clip.
Now, obviously they're going to up the price
to like 75 cents for the clip.
So they're making a big margin on it
and they'll have to do high volume,
but how many clips can you sell?
I mean, not many.
So what we did was we filed a patent for the clip,
but then we filed a patent for a barbecue grill
having glass connected to the cover of the grill
using the clip.
So every single infringement changed from 75 cents
to $750.
You see the difference?
So when you write your patents,
when your lawyers write your patents,
think of damages.
Always think of potential damages.
If somebody is thinking, oh my gosh,
I'm going to lose 75 cents for every infringement.
Oh, I'm so scared.
Versus, oh my gosh, I'm going to lose $750 per infringement.
The person who's going to spend $750 per infringement
for damages is going to stop.
The one who might lose 75 cents may not care
because at the end of the day, it's $3
because there's four clips on a grill.
See, that's how you, when you write patents,
you look for damages.
You look for broad claims.
You look for damages.
Okay, so let me complete the scenario here.
All right, so now the burger is placed
on an indented surface of the grill during cooking.
The indented surface has a pressure sensitive switch
that is thrown when the weight of the burger is detected.
Okay, so now you put this frozen burger on it,
boom, the weight throws some kind
of pressure sensitive device or switch
that is on the grill itself.
Then software within a computer is capable
of comparing the number of detected burgers
to actual sale of burgers to determine
how many cooked burgers were never sold.
As an example, burn dropped or free replacements
claimed as a working benefit of a disgruntled employee.
So the whole point being that there's a grill surface,
there's indents in it.
When you put the burger on it,
a pressure sensitive switch knows that a burger went on it
and it keeps count.
The software keeps count of every single,
every time one went in that space, it knows.
So at the end of the day, the owner can come back and say,
oh, this switch was thrown 475 times.
That means we should have sold 475 burgers.
Now they look at the number of sales they have
and they see they only sold 423.
What happened?
That's a good way to actually watch your inventory.
So now you wanna say, okay, how did this happen?
Like what's going on guys?
So that last part there,
tell me what area of IP pertains to that last part.
The burger is placed on an indented surface at a grill.
The indented surface has a pressure sensitive switch
that's thrown when the weight of the burger is detected
and then there's software.
So let's see what you've got there.
Patents, trade secret.
Let's see, patents, employees ate them.
Yeah, exactly.
The employees ate them.
Look, I worked at a place like that before
and I can tell you that I enjoyed working at Carvel
not because the pay was good.
That was not why I enjoyed working at Carvel
when I was a kid.
Had nothing to do with the pay.
Let's see, so, okay.
All right, so let's break this down together.
I see all your answers.
So first part, the burger is placed
on an indented surface at a grill.
grill during cooking. So a grill surface that has indents with a switch, that in and of
itself might be protectable by patent. Then it says there's software within the computer
is capable of comparing the number of detected burgers to actual sale of burgers. So now
that software actually is, I don't know if you guys remember on day one, I gave you a
cheat sheet. You remember that? So everybody should have a copy of that. If you go back
to that cheat sheet and you look at the word software, you'll see that it lines up with
copyright for the code and it lines up with patents for the functionality. So if you come
up with some software, that software is protectable in more than one way. The code is protectable
under copyright. The functionality of the code is protectable under patents. Anybody
here use an app? Anybody here created an app or is going to have an app for your people?
All right. If you ever do, consider patents. It's possible that you created something new
and if so, then you can look at potentially using patents. Now, something to keep in mind
though, this is really important. Whoever you hire to do your code, you want them to
assign what? For an electronic business card, the first person who types the three terms
that you need to have transferred over to you, blank, blank, and blank for transferring
over to you. Come on, all three. It has to be all three in the chat. There are three
things they need to transfer over to you. Blank, blank, and blank to make sure that
you own the code. Anybody? Anybody remember it? I see everything. Pete's awesome. Everything.
He broke it into three parts. He said everything. That was good, Pete. That was good. Rights,
title, and interest. Anita, you got it. That's exactly right. Very good. Right, title, and
interest. Those are the three parts. I'll show you guys. Well, I have it over there.
I'll show you guys the electronic business card. Give me one second. These are really
cool. You guys should have one of these. Okay, here we go. This here, this is an electronic
business card. Yeah, Larissa has one too. That's right. These are great. All you do
is you tap them on your cell phone, and all your contact data shows up. You go electronically.
You go in, and you add all your data on this program. Then you just come over, and you
click it. Boom, you've got it. We'll be sending you one of these, Anita. You can actually
put your own logo on it. That's my logo. That's my trademark. You can actually put your own
logo directly on the card, which is pretty cool. All right. We have covered patents,
trademarks, copyrights. We touched a little bit of trade secrets now. Let me close this
down here. Let me share something with you guys. Thanks, Ray. I just saw your message.
You got it. I totally botched that a little bit because I did not know. Somebody had wrote
something about giving over unlimited rights. I put that in the chat. I didn't know it was
going to be your question. No problem. No problem. I like the answer, everything. Everything.
That was a first. I've never seen that before. That was pretty good. All right. Let me go
over this because I've actually been DMed a few times here asking me questions on this
even as we were going through this. I'm going to share this with all of you so you can see
it. It'll be posted in the Facebook group so you can see it as well. This right here.
Let me see if I could share my screen. There we go. Okay. This is the protection portal.
Some of you, the audit is amazing, just to be clear. If you're doing things right now
and you need clarity and you need to know what to protect here, there, somebody to go
through, give you some business guidance, come up with names for trademarks, what you
should do first, second, third, what the costs are, full assessment of your company.
That's the IP audit.
That is, that's a remarkable deal.
And a number of you have already taken that deal, okay?
So that's yours.
We're gonna be reaching out to you within a week,
scheduling you out.
The door is still open until midnight tonight.
I know there's, I believe, two other people here
who asked if they can get an extension.
That's okay, I know your situation,
so we can figure that out.
If you need an extension, DM me directly
or stay afterwards and we'll talk and figure that out.
Now, the Protection Portal.
This is the Protection Portal alone.
This is our, this is our network.
This is the thing that everybody tries to become part of.
The way the Protection Portal works
is once a month I go live for an hour and a half.
I answer all questions.
If anybody's been a VIP, who are my VIPers?
Just by hands.
We got a lot of VIPers, yeah.
So your VIP experience,
think of that on double jolt or caffeine or steroids.
That's essentially what it's like.
That's what the Protection Portal is like.
So you have the once a month for an hour and a half,
I answer everybody's questions, interaction,
hot seats, engagement.
There's also training on certain things.
There's guests that come in.
I think our next guest is going to be
I don't know if it's this month, it might be next month.
I'm actually going to have a corporate lawyer come in
to actually talk to people about in corporate formation,
what are the important things in your corporation?
What do you need?
What do you not need?
What's important in an LLC?
What kind of agreements are important?
All that, we'll be talking about that
in the Protection Portal
when I get special guests to come in.
Separate from that, you get to email the questions
so I can review them all.
And then we talk about them together when we're live.
You get the replays from the challenge itself
and the Protection Portal sessions
from when you join going forward,
you get them for a full year.
Okay, so if you're wondering, oh man,
I've got 30 days to like learn everything
that I've learned over the last five days.
No, you don't, you have a full year.
Okay, the entire year tours.
Separate from that, the next Protector Idea Challenge
that we have, you get in for free.
Okay, you don't pay to enter
into Protector Idea Challenges.
Why is that important?
The reason why it's important
is because new things are happening.
Like this specific Protector Idea Challenge,
we went over more AI than we have ever done before.
We went over a lot of artificial intelligence things here.
In fact, we're gonna take the reviews from here,
pull it all out and turn that into its own module
and likely sell that for $495.
So you guys are getting an amazing deal in being here.
Separate from that,
you get access to the Protection Portal backend system.
So that's where all the videos are stored.
You'll get your own username, you'll get your own password.
And then when you sign in,
like Ray showed you guys yesterday,
when you sign in,
you will see all of your videos will be right there.
In one place, you don't have to find the emails,
it's all yours.
Finally, on top of that, you get potential.
And I say potential because I have to look
and see whether or not
I'm going to do it with you individually.
But if you need attorneys in other countries of the world,
I will meet with you,
determine whether or not it's a right fit
for certain attorneys that I know.
And if it is, I will hand over access
to some of my lawyers around the world, okay?
Why do I say if it's the right fit?
Because if somebody is incredibly anxious and like crazy,
obviously I'm not going to send them over to another attorney
who I've had a relationship with 22 years.
So I got to make sure that they are of sound mind and body
before I send them over to anybody.
And I think that's it.
I mean, there is an exclusive Facebook group
for that as well.
The cost for all of that, when you put all of that together,
that full year access is for $24.95.
You can do that one of two different ways.
You can do it in a three-pay.
The three-pay is $9.95.
So it costs more if you do a three-pay.
Or you can actually do one payment of $24.95.
And that gives you access to this whole network,
all the people, everybody, because we all get together.
And just to give you guys a preview
of the Facebook group itself,
let me get out of here for a second.
In the Facebook group, we're always like,
asking questions, digging in,
sharing additional information.
And so you'll see, let me just,
I'll share my screen real fast.
I don't think they'll mind me giving you a preview.
I already told them that, you know,
that we're doing this, so they're fine.
Okay.
So-
Peter, did you mention just the network
of the members as well?
Yeah, yeah.
And this, so in here,
this is one of the groups that we have.
You'll see, I drop things like,
what exactly are the copyright standards?
What's going on in specific locations?
I'll drop special videos to give them guidance.
Different members will raise up things
that are going on in the world.
Like this has to do with patent trolls.
I'll give additional feedback on things.
People talk about, like, here you've got Pamela,
who's talking about artificial intelligence.
And so we're, oh, and this was a good one.
This, I don't know if you guys saw this.
There was a person doing a challenge
called the Jumanji challenge.
That's trademark infringement and copyright infringement
in one challenge that they ran.
I'm not sure if it got shut down,
but one of our people, Crystal, saw an ad by Jamil,
and this was his challenge.
He put his face on it, and then two other people there.
But this is copyright infringement.
And using the names, that's trademark infringement.
And so we go through a lot of content together.
People bring in their own,
like what they're going through in their own businesses.
Like, this is what's going on here and blah, blah, blah.
And so people share with each other.
Now, again, the difference between the audit
and the protection portal is that in the audit,
we're going full speed.
Like, this is all about you, 100% about you.
Only about you.
So we're analyzing your company, digging in detail.
You're getting additional feedback on your company.
You're getting a video from that.
The protection portal does not have one-on-one anything.
There's no legal advice provided.
There's no legal guidance on that.
It's just, this is what the standards are.
This is what people are saying.
This is what's going on in the world.
And the network,
the network is pretty incredibly outstanding.
Everybody supports each other.
So you get one person that is in the network,
finds out another person needs this,
and they're sharing their resources.
So everybody's successful.
That's where Eileen came out of.
John Umstead came out of.
Karen Hudson came out of.
A number of others, they're all in that one group.
So that's kind of like our little pride and joy.
We love that group.
And if you took the audit, congratulations,
you actually got that $2,495 deal, you got it for free,
because we threw it in.
And you can thank Pedro Odeo for that,
because that was not my idea.
It was like, it was last minute.
And he said, hold it, you're doing a full audit.
They're learning everything about their company.
They're implementing everything.
That's great.
They're gonna need you in the future.
And now you're gonna build them at 600 bucks an hour.
And I was like, well, that wasn't the plan,
but that's probably what's gonna happen.
He says, well, why don't you throw them in your network?
And I said, actually, that's a pretty brilliant idea.
And so I actually increased the cost to $9,000.
And he said, no, no, just keep it at six.
So I was like, okay.
So anyways, it's another 18 hours of training for people.
You guys can thank Pedro Odeo directly for that one,
because it was his idea and I fought him on it.
And then finally it was like, no, it doesn't make sense.
So you guys can kind of grow there.
All right.
So with that, let me see if anybody has any questions
on the portal or the audit,
you can stay here asking those questions.
For anybody who does not have any questions,
I wanna congratulate you, your idea protectors.
You've gone through the protector idea challenge.
There's a certification program that we're looking
at potentially bringing out,
because people have been asking,
if I've been through that whole program,
shouldn't I have like a certification that I did that?
I said, if I give you a certification,
there's gonna be a test,
because I don't just give a certification without a test.
And so I said, that's gonna be a little more complicated.
And so we're looking at building a certification program,
but that's down the road.
So I hope, really Ray?
Really?
Okay.
All right.
No, it's fine.
You have any idea how much content
we have given at this point?
I know.
There were a couple of really quick questions on patents,
expiration and patent pending, that were asked in the chat.
Yeah, that. Right. And then I'm gonna give apparently a bonus
because Ray thinks it's a good idea. So we're gonna give
everybody a bonus. Really? Right. All right. So
hey, you throw a million bonuses. So if I can get one,
no, it's fine. It's fine. It's fine. I just I actually hadn't
thought about it because nobody here raised something that
needed that. But I'm okay with it. All right. So how long the
patents last? We've talked about that 17 years for design
patents, utility patents are 20 years from filing. Okay, that's
the length, the length, the longevity. How to actually mark
things when you get a patent, you put you just write pat dot
n o, and then the patent number, that will be marking your
product. The reason why you want to mark your products, and
mark, you know, either your packaging or your product is
because you want to place people on notice of infringement, then
you can get damages. If, if nobody knows you have a patent,
how exactly are they supposed to stop? Just think of it that
way. When you get a patent, you got to tell people you got a
patent. The way you tell people you got a patent is you mark
either your product. And if you have a service, then wherever
you're offering the service, you should you say, you know,
protected by US patent number, blah, blah, blah. That's how you
mark. That's how you get damages if people actually infringe, is
that you actually mark. Okay. So that's those two things. Now,
let me do let me share this over here. Yeah. So patent pending.
I'll talk about patent pending. That's fine. I personally won.
Alright, so if you're in competition, like if you're in
the marketplace, and you're competing with other
individuals, one of the things that's great is to be able to
say patent pending, right? Now, you can't say patent pending
until you file something. So either you file a utility
patent or provisional, either one, you get to say patent
pending. Now, if you want to be really crafty, file two
provisionals. If you file two provisionals, you get to say
patents, plural pending. And nobody knows if it's two or 100.
Because it's all confidential. So that's the beauty of if you
ever going to say patent pending, and you have the
opportunity to file two, I would file two provisionals, because
then you say patents, plural pending. All right. Now, I think
that that's enough. We've I think we've given a lot of stuff
at that point. I'm going to share this one thing here that
Ray mentioned, because this is kind of fun. So I jumped a link
for you in the in your direct chat. I got it. I got it. We can
share with everybody drop it for everybody. They can have it.
Alright, so let's imagine that you're trying to determine
whether or not somebody else used your trademark in the past.
Okay. Or if somebody still using your trademark, or your
pictures or your copyrighted material, but their website now
doesn't look like it did in the past. So you want to see what
their website looked like in the past. Okay. So as an example,
like, let's say like Ray is committing trademark
infringement off of my stuff. She's using protection portal.
And I'm like, you can't use protection portal. And I go to
her website, and it's gone. But she was using it. And I know she
was using it for two years, I can actually use this tool to go
and look at the website in the past. So all you do is I'm going
to click on it here. And open it up. Stop typing in the chat. I
can't copy it. Here we go. Got it. All right, now I can paste
it. Okay, this is called the Wayback Machine. I'm going to
share my screen. This is called the Wayback Machine. This was
originally created by MIT. It's pretty awesome. All you do is you
put in the domain name, here the URL here, whatever the URL is
universal resource locator, you just type it in. So let's say we
want to look at the old dominoes websites, www.dominoes.com. Type
it in. Now I can see I can look at dominoes website from all
going all the way back to 1996.
and go back. Let's say I want to see what dominoes look like let's say March this year. I just
go over here click on one of the dates and wait
and that's what the website looked like in March.
Okay so now let's say I want to see what it looks like going back to 2005
and go back and look February 10, 2005. Click on this one here.
This is what the dominoes website looked like in 2005.
So you can use this site to investigate your competition to see what they've done in the past.
If you do a trademark search and you want to see whether or not somebody's still using
let's say the trademark search after you do it it says canceled and you want to determine
whether or not they're like when did they stop using it. You could just come in here and go
month by month by month and see when that when that trademark was like first used on their website
and then when they stopped using it on the website. So this site is really neat like you can do
pretty cool investigations into companies on the site. I mean I'm looking at 2001
dominoes website. That's what it looked like in 2001. They have something here that says we stand.
So this this is a pretty neat site. 9-11 we stand. Yeah that makes sense 2001 we stand.
Yeah so you can use that resource to to investigate your competition see what they've
done in the past what they're doing now see how things have changed. It's a pretty cool tool.
So Ray did you drop the link for the protection portal? Yes the protection portal link was dropped
where I said gave it as well. We'll make sure that it's in the Facebook group tonight and I
also put the Wayback Machine in the Facebook group but they always put it under false information
on Facebook. Yeah they don't like it. Facebook doesn't like it and that as an aside we're going
into we're going in the VIP in about 10 minutes but as an aside remember I told you I said let
me let me cover this one more time. If you guys are going live in your challenges and your videos
or whatever if you live stream into Facebook, Facebook gets legal rights to what you're live
streaming. Keep that in mind. It's in your terms and conditions that all of you
agreed to when you click that button because I know everybody read it so just click that button.
It's in there it says they get a non-exclusive license to your content so they can actually
utilize it for different purposes. That's how when it's your birthday you actually get like
your own videos and your own postings that pop up and your pictures they can do that because you
gave them legal rights to it. That's also why we don't host ours in there. That's exactly why I
don't live stream into Facebook. I never live stream into Facebook. I live stream into like
Zoom. It gets recorded then I save all my videos on my own location and then I give all of you
access and just to be clear like everybody here who becomes a member of the Protection Portal
we take this very seriously. We want to make sure your companies are successful.
We want to make sure you do very well and so we look and we assess when companies are like where
the companies are and if there's certain things they're running into we try to get guest speakers
on that topic. We try to like address those topics so you guys are well ahead of the curve.
The people in the Protection Portal knew about artificial intelligence lawsuits eight months ago.
Just to be clear they knew about this eight months ago. They actually modified the way they were doing
business with ChatGPT-3 and others. They modified the way they were doing business
eight months ago. So all these new lawsuits that have come out it's old news to them like they
already have their companies aligned. They're all set. You can check with any of them.
They'll tell you this. So they've known about this for a while. So it's my job to stay on top of
the law. What are the trends, the changes and I keep you guys apprised of all that in the Portal.
That's where I do that. The audit is like hands-on, aggressive, fixing your company,
lining you up, streamlining you, making sure you guys take off effectively. That's why a lot
of people take that audit. But if you can't afford the audit or you just like I don't need an audit,
get in the Portal.
because you'll continue to grow.
And I can tell you as a fact,
IP is gonna be in the news continuously
for the next few years.
You're seeing it with Elon Musk and Microsoft
and Sarah Silverman and the authors.
Movie, people in movies are like going on strike.
Sony.
Sony is doing this, the likeness issue.
I don't know if you heard about this.
It just happened like a week ago.
People in the NFL are concerned
because now through using artificial intelligence,
you can actually take the likeness
of certain professional football players
and actually create scenarios and movies, the same thing.
Like why should you spend $30 million
hiring Arnold Schwarzenegger
when you can take his artificial intelligence representation
as the owner of the film from let's say like Commando
and actually create a new Commando 2 or something
and didn't have them in it.
This is why the people in Los Angeles
are like they're all on strike right now.
Like these are hot issues that are happening right now
and they're gonna affect your companies,
your marketing, your business.
So we try to stay on top of this.
So I think that's enough talking about that.
I think people get the message.
So if you have any questions at all,
if you're trying to figure out
how to do either one of those, let me know.
And we'll try to figure out how to help you guys out.
So typically about 30, 40,
about 30, 40% of people end up in these things.
So, all right, I think that's it.
I think I'm gonna stop there.
It's been a pleasure and an honor
serving you guys over this week.
I've been reading all of your emails.
I've been engaging with you guys,
trying to give you whatever you need.
Hopefully this was helpful for you guys.
And I wish you guys the very best.
And you guys now, so now I do a prayer
for everybody right now.
For those of you that don't believe,
then just think of good wishes, okay?
Just receive.
So I just wanna pray over everybody
because everybody has like a vision and idea
and something that was bestowed upon them.
And it's really important.
So I just wanna pray over you guys.
So Lord, I just wanna thank you for every single person
who joined this challenge, Father God.
I thank you for the gifts that you have placed upon them.
I thank you for the courage and the boldness
that you've placed in their heart
to allow them to step forward
in pursuing the gifts and the vision
that you've given them, Lord.
Lord, I ask that doors would open to ideas
that are going to be fruitful, Lord,
as they're released from the third heaven
and come into the first heaven into their hands, Lord.
I ask that you bless those things
and that they see who is supposed to work with them,
who's not supposed to work with them,
partnerships that are supposed to align,
let them know so that they're not wasting time.
Lord, I ask that finances would be released
so that they can pursue what you have called them to do,
Lord.
And Father, I ask above all things that you provide a peace
that goes beyond all understanding as they do this,
divine health and strength in Jesus name.
Amen.
All right, my friends,
I'll see you guys in VIP in 10 minutes.
I'm going to grab something to eat really fast.
And then in VIP, we're gonna do some additional stuff
and dig in more detail.
So I'm gonna jump off.
Larissa, I'll leave you here and Ray,
in case people have any questions on anything.
All right.
Thanks, Peter.
All right.
And before you all leave,
would you please give us just a quick,
how great was this week for you?
How valuable on a scale of one to 10 again,
how glad are you that you were here?
Just drop it in the chat.
Some thanks to Peter.
There might be some follow-ups by Ray in the future,
but we would just love to hear here.
Oh, thanks Antonio.
Hey, Pamela, I see your message here.
It's the same every day.
If we are in this room, it won't let you in the next one.
So you just gotta wait until we close this one.
We head over to the other one.
And once Peter opens it up after a quick break,
then it'll let you in.
And we love you.
You have been a fantastic class.
You have been very,
like, we're not even gonna go into it.
You've been wonderful.
Not as many people on camera as usual,
but like to see some of you in the comments,
even Pete Demare, you got a great picture going on,
but no camera.
Oh, we got to talk with Pete yesterday
at the end of the challenge.
It was fantastic.
It was an amazing time.
Real quick, just because I didn't,
somebody just pinged me and asked me this question.
The offer for the Protection Portal is open until Monday.
So it's not, that doesn't close at midnight.
It's the audit that closes at midnight, all right?
And if you have a special situation for the audit
where you need to talk to.
me just, you can email me at nieves at elite hyphen challenges.com. And we'll, we'll talk
in more detail there. Okay. All right. Yeah, we went into a lot of detail of the difference
between the two Tammy. I mean, I can cover it one more time for people, the difference
between the audit and the protection portal. The audit is direct engagement with you. It's
analyzing your situation. It's giving you legal advice about your circumstances, coming
up with names that might work for you and your business. You can also ask any specific
question on top of that, we give you a list of eight different things that you should
have together beforehand, like legal agreements, all your domain names, any of the names that
you have, uh, any patentable ideas or subject matter, any flow charts, any software, any
affiliates or any, any people that are working with you that that might be giving you ideas.
All those things come together into one meeting that is two to three hours long. And in that
meeting, I assess everything that you're doing to give you a strategic plan on what to go
after first, second, third, what the costs are associated with things, what law, what
rights you already have, uh, which things you should pursue and not pursue. Um, I mean,
we've gone through, we've gone through language for licensing agreements. We've gone through
non-disclosures and non-compete agreements. We've gone through, gosh, so many different
things. That's the IP audit. It's, it is literally legal advice, one-on-one assessing everything.
The protection portal is a network where that has multiple people. It's not one-on-one
it's, it's multiple people there. And what these people will do is, uh, they have, they
have questions about things, but what I'm talking about is the law in general, not specific
to any individual. Uh, I go live once a month for an hour and a half. I talk about different
legal issues that are, that they personally are dealing with. Um, but as an example, like
we've been hitting artificial intelligence very hard recently so that people know if
there's a certain software program that they're using, what does the policy say in the software
program? So they know whether or not they can use that program or not. Like we dissect
the entire thing together. Um, and on top of that, we have the affiliate commissions
that people receive for referring people in and all the other things that we showed,
uh, Ray, you can show that thing one more time if you want. Yeah. So I don't want to
go through the whole thing again, but I can put the slides in the Facebook group tonight
too with the link. Right? So anybody who basically has, and they have their own personal legal
issues going on and they need guidance, get in the audit. Cause that audit typically would
go for like over $30,000. Like when you put the audit and all the other stuff together,
I typically charge my clients 15,000 for an IPO. So you get to do that. But the protection
portal is something that it's like a continuation of what we've been doing, but it goes deeper.
So, um, and if you've been in VIP, it's very similar to VIP, but then I bring in some special
guests, I get you additional handouts, additional materials, all that stuff is included in the
protection portal. That's why, again, we usually get like 30 to 50% of the people go into the
protection portal, about 20 to 30% take the audit, um, depending upon, you know, what's
going on in their business right now. So, okay. I just want to jump on to let people
know when the door closed and I'm going to go eat and I'll see you guys in eight minutes
that are in VIP. Bless you guys. Take care.