S13 E17 Which Is Right For You - Design Patents Or Utility Patents with Wayne Carroll
S13 E17 Which Is Right For You - Design Patents Or Utility Patents
Quote: "Intellectual property is the oil of the 21st century." - Mark Getty
Who is Mark Getty - He is the founder of Getty Images, the #1 supplier of images for media, corporate, and advertising. Mark Getty’s family was in the oil business. In the 20th century, the people who controlled oil were wealthy and powerful. In the 21st century, the people who control intellectual property are powerful and rich Intellectual property is a valuable asset. It can provide a competitive advantage in the marketplace and generate revenue through licensing and other means. Without proper guidance, however, inventors may file for a utility patent, when they need a design patent, or a design patent when they need a utility patent. Design patents protect the visual appearance or aesthetics of a product, while utility patents protect its functional features or processes. Obtaining a patent can be a complex and lengthy process that requires the assistance of a skilled patent attorney. Design patents are only granted to a design embodied in a product. For example, we can file a design patent for the unique layout of a website or even a portion of a GUI (graphical user interface). To obtain the design patent we must show it presented on the screen of a computer (the product). To protect your intellectual property and maximize its value, consider taking the following steps: Discuss your business goals and plans with a skilled advisor to determine how patents may give your company a competitive advantage. Conduct a comprehensive patent search to determine if your product or invention is eligible for patent protection. Consult with a patent attorney to determine which type of patent protection is best suited for your needs. File a patent application with the United States Patent and Trademark Office (USPTO). Work with your patent attorney to navigate the prosecution process and ensure that your patent is granted. Develop a strategy for enforcing your patent rights and leveraging your intellectual property to generate revenue. Contact a skilled patent attorney today to discuss your options and protect your intellectual property. In our next episode, we are discussing the value of a design patent.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
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S13 E50 KFC’s secret recipe - a lesson in protecting secrets with Wayne Carroll | Leveraging...
KFC employs a multi-faceted approach to protect its trade secret recipe, ensuring its confidentiality and exclusivity. Here are some of the strategies they use:
1) Limited access: The KFC secret recipe is known by only a select few individuals within the company. 2) Split ingredient processing: KFC divides the production process into separate components, with different suppliers handling various parts of the recipe. 3) Limited recipe information: To maintain secrecy, KFC provides suppliers with only the necessary details required for ingredient production, keeping the full recipe undisclosed. 4) Strict confidentiality agreements: KFC requires employees and business partners with knowledge of the secret recipe to sign stringent non-disclosure agreements (NDAs). 5) Supplier contracts: KFC works closely with its suppliers and manufacturers, incorporating strict confidentiality provisions into their contracts. 6) Internal controls: KFC implements robust security measures within its facilities to prevent unauthorized access to sensitive information. This includes restricted areas, surveillance systems, and digital security measures. 7) Continuous monitoring: KFC actively monitors its supply chain and production processes to detect any potential breaches or unauthorized disclosures. Regular audits help ensure compliance with confidentiality requirements. 8) Legal protection: KFC relies on intellectual property laws to safeguard its trade secret.
By combining these protective measures, KFC strives to maintain the secrecy and exclusivity of their trade secret recipe, enabling them to preserve their unique flavor profile and competitive advantage in the fast-food industry. Similarly, your company can follow this same pattern to protect your trade secrets. First, you need to identify your secrets. What have you learned from years of doing business that is not known by others? Define what that is and the advantage that it gives you. Limit access to your secrets. Ensure that only those that need to know the secret have access to the secret. The more people that have access, the harder it is to keep it secure. Create a process that limits the need for people to have all the parts of the trade secret. KFC did this by using multiple vendors. Manufacturers use this strategy by having employees work on one sub-part without knowledge of the end product. Strict confidentiality - when you limit the people who have access to the trade secret, you can then have stronger agreements with the specific people that have that access. Internal Controls: Evaluate your security measures. Also, consider regular training and reminders regarding your security measure and what to do and NOT do with the trade secrets. Monitoring - Auditing, monitoring, and ensuring continued compliance are necessary. Check that the procedures for security are being followed. Legal protection - you will need to be prepared to act quickly if someone breaches a contract or takes action that might disclose your trade secrets.
HOST: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.
Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15714637?utm_source=youtube
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S13 E52 About the Host - Wayne Carroll Patent and Trademark Attorney with Wayne Carroll |...
I was not breathing when I was born. I was sick a lot as a child. My health was a challenge, but I still loved the outdoors, camping, and Boy Scouts. I earned my eagle scout, and I still volunteer with Boy Scouts, now called Scouts BSA.
I grew up in Colorado in a large family with 9 siblings
I was always fascinated by machines and how things work - At 5 years old I went to Disney Land, and what interested me the most was an escalator that was under repair. I stopped to try to see how it worked, and my parents lost track of me.
I enjoyed math and science in school.
I earned a degree in Electronics Engineering Technology from DeVry in Phoenix Arizona.
First career - engineer in the semiconductor industry
Grandfather earned a Ph.D. in electronics and was an inventor - Bell Labs My father earned an MBA and my plan was to get an advanced degree like my father and grandfather.
Prayer - This was a matter of prayer for me, and learned a lesson about how to receive answers to my prayers.
Through prayer, I was guided to become a patent attorney.
Inspired Idea Solutions Law Firm was named based on my belief that great ideas come from a higher power. I help businesses with their inspired ideas so they can do the most good with their ideas.
HOST: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15714639?utm_source=youtube
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S13 E51 Life is Good trademark story, and trademarks for clothing brands with Wayne Carroll |...
The LIFE IS GOOD trademark was started by brothers Albert and John Jacobs and was rejected several times by the trademark office before they finally obtained their trademark registration. In this podcast, we are going to explore how to use a trademark on clothing brands so that it will be accepted by the trademark office on the first try.
In 1994 Albert and John Jacobs started a clothing brand called LIFE IS GOOD. In Feb. of 1995 they applied for a trademark, which was rejected.
In March of 1995, a LIFE IS GOOD Logo application was filed, but that one did not become a trademark.
In March of 1996, another trademark was filed and this one finally became a trademark.
I don’t know the exact reasons the first two were rejected, but it is common for clothing brands to be rejected because of how they use the brand.
This episode has video content but video will not be required to understand. If you want to see the video find my podcast LEVERAGING INSPIRATION on YouTube and look for Episode 51.
For trademark use on clothing, put the brand on the tag or the packaging. A brand on the clothing itself is not considered trademark use.
Use actual photos of your clothing with the tag or packaging that shows the brand.
Use the brand on your website where you sell the clothing as a brand at the top of the page.
Work with an attorney to ensure you are prepared to qualify for federal trademark protection.
HOST: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15714638?utm_source=youtube
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S13 E29 Patent or trade secret? Both! with Wayne Carroll and Scott Gibson | Leveraging Inspiration
S13 E29 Patent or trade secret? Both! Our goal in this episode is to show you the value of implementing a trade secret program in your business, especially when you have patented technology. To understand trade secrets, we have a special guest Scott Gibson, an attorney with expertise in the area of trade secrets. Trade Secrets What is the definition of a trade secret? - A trade secret is information that is not commonly known in the industry, has economic value, and is subject to efforts to keep it secret. What kind of information can be considered a trade secret? - Any kind of information that is not commonly known within the industry, has economic value and is subject to efforts to keep it confidential could be considered a trade secret. What is the importance of developing a trade secret program? - A good trade secret program will help the court recognize your trade secrets as real and valuable assets in the event of legal proceedings. What are examples of Trade secrets? -Coca-Cola’s recipe and “KFC's 11 herbs and spices” Unique Business Differentiation - To stand out from competitors, a company needs to be truly different in a meaningful way. The same thing applies to trade secrets, the trade secret needs to be something that differentiates the company from its competitors. Contact Scott Gibson to discuss your business trade secret needs. In our next episode, we are discussing The first step in protecting trade secrets.
Guest BIO: Scott Gibson Scott F. Gibson is a highly experienced attorney with over 35 years of expertise in protecting businesses from unfair competition and disloyal employees. With a unique blend of courtroom experience and deep knowledge of unfair competition laws, he helps clients effectively safeguard their intangible business interests. Scott's exceptional ability to identify critical issues allows him to focus on resolving litigation and achieving favorable outcomes through negotiation or motion practice. He holds two advanced legal degrees in Biotechnology and Genomics, as well as Litigation Management, and is recognized for his teaching and speaking engagements on trade secrets, restrictive covenants, and employment law. Use this link for more information and to contact Scott Gibson.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
TAGS: reverse engineering, microchip, semiconductor industry, patent infringement, recreation, circuitry, "Leveraging Inspiration, The Inspired Patent Podcast", iBGR Network, Fridays, Eastern Time, podcast platforms, Inspired Idea Solutions Law Firm, IP boutique law firm, client strategy, proven process, hidden fees, zthreeip.com, confidentiality, manufacturer, copycats, trade secret, economic value, efforts to keep it secret, protection, management, legal remedies, Scott Gibson, textbook, resources, hard to duplicate, unlikely to be discovered, Coca Cola, KFC, NDA, CAD files, intangible assets, form, substance, program, truly different, novelty, first person, industry.
Episode link: https://play.headliner.app/episode/15199761?utm_source=youtube
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S13 E33 The lifecycle of an invention with Wayne Carroll and Scott Gibson | Leveraging Inspiration
"The lifecycle of an invention is like a thrilling mystery novel, starting with a secret and ending with a brand that stands the test of time. Buckle up and let's dive into this captivating journey!" As a small business owner, you are writing the story of your business day by day. As you understand intellectual property you can write your story with greater success and competitive advantages. Secrecy: Every invention begins as a secret, locked away in the inventor's mind or laboratory. This phase allows the creator to refine the idea, work out the kinks, and ensure its uniqueness and potential value. Patents: Once the inventor is ready to share some aspects of their invention with the world, they can file for a patent. Publications: As part of the patent process, some details of the invention become publicly available through published patents. Sales and Commercialization: To bring the invention to market, the inventor may choose to sell or license their patented technology to businesses interested in manufacturing or distributing the product. Trademarks: While patents protect the technical aspects of an invention for a limited time, trademarks safeguard the brand associated with the invention. By registering a trademark, such as a logo, name, or slogan, the inventor can establish a recognizable identity in the marketplace that extends beyond the patent's expiration. Trademarks provide long-term protection and help build brand loyalty and consumer trust. To make the most of the invention lifecycle for your small business, take the following action steps: Conduct a Patent Search: Before investing time and resources into an invention, conduct a thorough patent search to ensure it's unique and hasn't already been patented. File for a Patent: If your invention is novel and has market potential, consult with a patent attorney or agent to help you navigate the patent application process. Explore Licensing and Commercialization Opportunities: Consider whether licensing or partnering with established businesses is viable for bringing your invention to market. Protect your Brand: As your invention gains recognition, register trademarks to protect your brand identity. Take the first step towards understanding and protecting your intellectual property by scheduling a free consultation with the team at Inspired Idea Solutions Law Firm.
In our next episode, we are discussing When in the life cycle of patenting to start selling your new product.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15303151?utm_source=youtube
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S13 E37 Legal updates on AI and Patent with Wayne Carroll | Leveraging Inspiration
S13 E37 Legal updates on AI and PatentLegal updates on AI and Patents: Can AI be recognized as an inventor? Find out the latest developments from around the world.
Small business owners need to be aware if there is a large shift in their market. A change in patent law, along with AI might cause a huge shift to the marketplace.
Country Report:
The United States does not currently grant patents to inventions generated solely by AI. The appeals court did not allow the patent because patents are limited to human inventors only, and the US Supreme Court refused to hear the case.
South Africa has granted a patent to an AI-generated invention. The issued patent, however, still be challenged, so the situation might evolve.
In the UK, the issue of AI as an inventor on a patent is pending. The Court of Appeal had three justices ruling on the matter, with two saying "no" and one saying "yes." Stay updated for further developments, we are waiting for the UK Supreme Court ruling.
Germany has rejected the recognition of AI as an inventor due to technical issues. While AI can contribute to the creation process, a natural person must be named as the inventor. However, an appeal to the Supreme Court is underway, so there may be future changes.
Israel has taken a stance against recognizing AI as an inventor on a patent.
The European Patent Office (EPO) currently requires a natural person to be named as the inventor. However, efforts are being made to explore the possibility of AI-generated inventions in a second application.
Australia originally rejected the patent, but the applicant won on appeal and the patent is proceeding through the process.
More information is available at THE ARTIFICIAL INVENTOR PROJECT
Subscribe to this Podcast to Stay informed about the evolving legal landscape surrounding AI-generated inventions and patents.
In our next episode, we are discussing The Monkey Selfie and Copyright: In 2011 Animals as Artists (Photos taken by a wild monkey) and ChatGPT - pushing the limits of copyright law
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15509383?utm_source=youtube
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S13 E33 The lifecycle of an invention with Wayne Carroll and Scott Gibson | Leveraging Inspiration
"The lifecycle of an invention is like a thrilling mystery novel, starting with a secret and ending with a brand that stands the test of time. Buckle up and let's dive into this captivating journey!" As a small business owner, you are writing the story of your business day by day. As you understand intellectual property you can write your story with greater success and competitive advantages. Secrecy: Every invention begins as a secret, locked away in the inventor's mind or laboratory. This phase allows the creator to refine the idea, work out the kinks, and ensure its uniqueness and potential value. Patents: Once the inventor is ready to share some aspects of their invention with the world, they can file for a patent. Publications: As part of the patent process, some details of the invention become publicly available through published patents. Sales and Commercialization: To bring the invention to market, the inventor may choose to sell or license their patented technology to businesses interested in manufacturing or distributing the product. Trademarks: While patents protect the technical aspects of an invention for a limited time, trademarks safeguard the brand associated with the invention. By registering a trademark, such as a logo, name, or slogan, the inventor can establish a recognizable identity in the marketplace that extends beyond the patent's expiration. Trademarks provide long-term protection and help build brand loyalty and consumer trust. To make the most of the invention lifecycle for your small business, take the following action steps: Conduct a Patent Search: Before investing time and resources into an invention, conduct a thorough patent search to ensure it's unique and hasn't already been patented. File for a Patent: If your invention is novel and has market potential, consult with a patent attorney or agent to help you navigate the patent application process. Explore Licensing and Commercialization Opportunities: Consider whether licensing or partnering with established businesses is viable for bringing your invention to market. Protect your Brand: As your invention gains recognition, register trademarks to protect your brand identity. Take the first step towards understanding and protecting your intellectual property by scheduling a free consultation with the team at Inspired Idea Solutions Law Firm.
In our next episode, we are discussing When in the life cycle of patenting to start selling your new product.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15303151?utm_source=youtube
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S13 E36 Create your IP team with Wayne Carroll and Scott Gibson | Leveraging Inspiration
Creating your IP team is like assembling a superhero squad to protect and maximize the value of your intellectual property. Let's explore who you need on your team and what they need to do to ensure your small business is equipped for IP success! Here's what you need to know about creating your IP team: Patent and Trademark Attorney: An experienced patent and trademark attorney is the cornerstone of your IP team. They will provide legal advice, guide you through the patent and trademark application process, conduct IP searches, handle enforcement actions if infringement occurs, and help you implement an overall IP strategy aligned with your business goals. IP Strategist: An IP strategist or consultant can help you develop a comprehensive IP strategy that aligns with your business objectives. IP Portfolio Manager: As your IP assets grow, an IP portfolio manager can help you manage and optimize your intellectual property portfolio. Inventors and Innovators: Your own team members who contribute to the creation of new inventions and innovations play a vital role. Technology Transfer Officer or Licensing Specialist: If your business engages in technology transfer or licensing activities, having a technology transfer officer or licensing specialist on your IP team is beneficial. To create your IP team, take the following action steps: Assess Your Needs: Evaluate your specific IP needs and determine the expertise required for your team. Consider the size of your business, the nature of your IP assets, and your long-term IP strategy. Engage a Patent and Trademark Attorney: Find a reputable patent and trademark attorney who specializes in your industry. Schedule a consultation to discuss your IP needs and ensure they have the necessary expertise to support your business. Identify IP Strategists and Specialists: Research and identify IP strategists, consultants, or specialists who can provide guidance on developing an effective IP strategy and managing your IP assets. Educate and Involve Your Team: Educate your team members about the importance of IP protection and their role in the process. Establish Collaboration Channels: Set up regular meetings or channels for sharing information, discussing IP-related matters, and aligning IP strategies with business objectives. Schedule a free consultation with Inspired Idea Solutions Law firm to discuss your IP strategy and how to build your IP team.
Next week: Recent Copyright Cases: AI, ChatGPT and how they affect your business
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15303154?utm_source=youtube
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S13 E34 When in the life cycle of patenting to start selling your new product with Wayne Carroll...
As a small business owner, understanding the optimal timing for selling your new product in relation to the patenting process is crucial. This knowledge will help you make informed decisions that balance the need for early market entry with the importance of protecting your intellectual property. Here's what you need to know about when to start selling your new product in the patenting life cycle: Patent Pending: When you have an invention that is innovative and commercially viable, filing a patent application should be a priority. Once you file a patent application, your invention is considered "patent pending." Early Market Entry: Selling your new product before the patent is granted allows you to enter the market quickly, establish your brand, and generate revenue. Provisional Patent Application: If you want to secure your filing date and obtain "patent pending" status without immediately investing in a full patent application, you can consider filing a provisional patent application. Strategic Timing: In certain cases, waiting until your patent is granted before selling your product may be advantageous. A granted patent provides stronger legal protection and gives you exclusive rights to your invention. Balancing Risks: The decision to start selling before or after patent approval depends on various factors such as your industry, product lifespan, competition, and financial resources. To navigate the decision of when to start selling your new product in the patenting life cycle, follow these action steps: Conduct a Market Analysis: Assess the demand, competition, and potential lifespan of your product. Consult with a Patent Attorney: Engage a patent attorney experienced in your industry to evaluate your invention's patentability and advise you on the best course of action. File an Expedited Patent Application: If you opt for early market entry, consider filing an expedited patent application to establish your filing date and obtain "patent pending" status, while obtaining a patent as soon as possible. Monitor Competitors: Stay vigilant and monitor your competitors' activities to ensure they don't infringe upon your invention or file similar patents that could limit your market share. Strategize Your Branding and Marketing: Whether you decide to start selling early or wait for patent approval, strategically plan your branding and marketing efforts to build brand recognition and differentiate your product in the market. Do this now! Schedule a consultation with a patent attorney who gives specialized advice after listening to your business plan and the information you bring to the table.
Don’t miss the next episode about Creating a Culture of IP Protection
BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15303152?utm_source=youtube
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S13 E35 Creating a Culture of IP Protection with Wayne Carroll and Scott Gibson | Leveraging...
According to MIT Sloan Management Review, there is a direct correlation between ideas submitted by employees that are implemented, and profitability and growth of a company. Building a strong IP culture not only safeguards innovations but also fosters an environment that promotes creativity, increases profits and growth, and enhances the overall value and competitiveness of your business. What you need to know: Reward what you want more of. Rewarding innovation and creativity will bring more innovation and creativity. Creativity needs structure and space. Employees need to know they can take risks on new ideas that might not work without being punished if they don’t work out. Feedback from employees and customers can guide innovation, be low-cost, and yield large rewards. To create a culture of IP protection within your small business, take the following action steps: Educate and Train: Connect IP Protection to your company vision, mission, core values, and business plan. Provide training and education to your employees on intellectual property rights, the importance of protection to achieve the company mission, and the procedures for identifying and safeguarding IP assets. IP Strategy: Develop an intellectual property strategy aligned with your business goals. Establish Policies and Procedures: Implement internal policies and procedures that address IP protection, confidentiality, invention disclosure, and employee agreements. Collaboration with IP Professionals: Engage the services of a patent and trademark attorney who can guide you through the process of IP protection. They can assist with patent and trademark applications, provide legal advice, conduct IP searches, and help enforce your rights when necessary. Regular IP Audits: Conduct periodic IP audits to assess and evaluate your intellectual property assets. Identify potential infringement risks, review existing IP protection strategies, and make necessary adjustments to ensure your IP remains protected and aligned with your business objectives. Start by scheduling a consultation with a patent and trademark attorney at Inspired Idea Solutions Law Firm to discuss your small business's IP protection needs.
Our next episode covers Creating your IP team - Who you need on your team and what they need to do.
BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
Episode link: https://play.headliner.app/episode/15303153?utm_source=youtube
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S13 E22 Don’t copy content until you listen to this episode with Wayne Carroll | Leveraging...
S13 E22 Don’t copy content (words, images, video, music, etc.) until you listen to this episode!!
"Happy Birthday To You" is not just the world's most popular song, it was also under a copyright claim for many years. In 2016, an order was issued by a court, placing the song into the public domain. This case highlights the importance of verifying public domain status before using copyrighted works in your business. It is crucial to protect yourself from potential lawsuits. COPYING IS COPYRIGHT INFRINGEMENT. Any time you copy, even if you modify or create new material based on what you copied, you are at risk of infringing a copyright. Copying is taking any part of a copyrighted work, even if you modify, distort, re-draw, or add significant original content. EVERYONE IS DOING IT DEFENSE DOES NOT WORK. If you see lots of websites using the image or drawing, they might all be licensing the copyright, they might all be infringing, or the material may be in the public domain. COPYRIGHT LASTS FOR A LONG TIME. The current term of copyright for an individual is 70 years after the author dies. For a work-for-hire, the term is 95 to 120 years. Don’t assume because something seems old that the copyright has expired. FAIR USE IS A VERY LIMITED EXCEPTION to copyright law. One problem with relying on fair use is that it is a defense after you get sued. You can still get sued, and then you have to convince a court that it falls under the fair use exception, which usually rules out anyone that is making money from content that is copied. It is usually better to just obtain a license. YOU NEED A LICENSE FOR MOST “OPEN SOURCE” CONTENT. Each piece of “open source” content, whether software code or a photograph has a license with requirements, such as attribution, commercial use, and creation of derivative works. In marketing, they say “content is king”. Make sure your content does not get you sued. If you are using music, videos, pictures, images, or other artwork in your business, it is essential to verify that you have permission to use the work, or that the work is in the public domain. Once you verify you have permission, keep a file that links the content to the place you obtained permission.
Our next episode covers What to do if you get a copyright infringement cease and desist letter
BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
TAGS: IP Strategy, Business Strategy, copyright, public domain, infringement, fair use, license, open source, content, music, videos, pictures, images, artwork
Episode link: https://play.headliner.app/episode/15057977?utm_source=youtube
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S13 E24 What to do if you get a copyright infringement cease and desist letter with Wayne...
S13 E24 What to do if you get a copyright infringement cease and desist letter It's crucial for small business owners to understand how to respond to cease and desist letters to protect themselves from legal trouble and potential damages. In the United States, we still believe in innocent until proven guilty. For a company to get a judgment against you they must file a lawsuit, prove that they own the copyright, and prove that you infringed that copyright. There is an industry of harassment cease and desist letters for copyrights. This industry is looking for easy targets that won’t fight back. Unfortunately, small businesses are often targeted. An experienced attorney will be able to assess whether there the cease and desist letter is likely harassment, or if there is a substantial case and potential for damages. Different cases need to be treated differently. Between 2003 and 2008 the music industry sued thousands of individuals for using P2P downloading services. A service that connects two individual computers over the internet for downloading. Lots of settlements Intimidation Use of IP addresses and John Doe lawsuits These tactics are still used by some today. Some courts disfavor these techniques, so more effort has been put into getting settlements without a lawsuit. You may be able to get the issue to go away by working with an attorney and complying by taking down the offending copyrighted work. Note: When you take it down search your website for the file name. Sometimes files remain “available” even though they have been taken off the main webpage. The music industry fought downloads and streaming. The image content industry is now fighting AI-created images. History repeats itself. If you get a cease and desist letter, work with an attorney that stays up-to-date with the legal and technology issues. Working with an attorney to respond will let the company know that you are taking this seriously and that you will not be bullied. Once an attorney responds the company is required to contact your attorney, limiting harassment techniques to get a settlement.
Next week: Week 7 Maximizing IP Ownership: Asset Protection, Default Laws, LLCs, Contracts, and Agreements Special Guest Ike Devji - Asset Protection expert Why you should form an LLC or corporation for your intellectual property Ownership Agreements: Protecting Your Intellectual Property When Working with Partners, Employees, and Contractors. The Role of Contracts in IP Ownership: Navigating Joint Ownership, Licensing, and Assignments to Protect Your Interests.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
TAGS: copyright cease and desist letter, attorney, AI, copyright
Episode link: https://play.headliner.app/episode/15057979?utm_source=youtube
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S13 E23 Qualifications for copyright ownership - ChatGPT and open AI with Wayne Carroll |...
S13 E23 Qualifications for copyright ownership - ChatGPT and open AI In 2011, a monkey in Indonesia took a selfie using a photographer's camera. The photographer, David Slater, claimed copyright ownership of the photo and published it. However, animal rights group PETA filed a lawsuit on behalf of the monkey, arguing that it should hold the copyright since it took the photo. The court ultimately rejected PETA's argument, ruling that animals cannot own copyrights under US law. The court found that copyright law only applies to "human authorship," and therefore only humans can hold copyright ownership. This ruling set a precedent for future cases involving nonhuman creations. Small business owners need to understand how intellectual property works, including copyright ownership qualifications, to ensure they do not infringe on the rights of others and to protect their own creations. [What you need to know] To qualify for copyright ownership, a work must be original and fixed in a tangible medium of expression. The creator or owner of the work can be an individual or a legal entity, such as a corporation. Additionally, it is important to note that non-human entities, such as animals or AI, are not currently recognized as copyright owners under US law. [What you need to do] As a small business owner, it is important to ensure that any work you use or create does not infringe on the copyright of others. This includes obtaining permission or licensing for any copyrighted material you use and registering your own original works with the US Copyright Office for additional protection. [TAKE ACTION] Do this now! Familiarize yourself with copyright laws and seek legal guidance if you are uncertain about how to proceed with a copyrighted work. Register your own original works with the US Copyright Office to establish proof of ownership and additional legal protections.
BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
TAGS: design patent, intellectual property, USPTO, patent attorney, patent protection, patent search, patent application, patent prosecution, enforcing patent rights, revenue generation, innovation, product design, ornamental design, visual appearance, functionality, shape, texture, ornamentation, utility patent, protection strategy, patent grant, patent infringement, patent term, patent eligibility, patent prosecution process, patent options, intellectual property protection, patent consequences
Episode link: https://play.headliner.app/episode/15057978?utm_source=youtube
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S13 E12 Don’t Shoot Your Patent in the Foot - No Prior Art Admissions (Intellectual Property...
S13 E12 Don’t Shoot Your Patent in the Foot - No Prior Art Admissions
Did you know that declarations of prior art in your Utility Patent background section can actually harm your chances of approval? When it comes to Utility Patent applications, the background section serves an important purpose in setting the context and explaining the problem that the invention solves. However, including declarations of prior art can have negative consequences, including limiting the scope of your patent and potentially inviting rejections from the examiner. It's important to understand how to avoid this pitfall in order to maximize your chances of success. What you need to know In the background section of your Utility Patent, it's important to focus on providing a clear and concise explanation of the problem that the invention solves, without making any declarations of prior art. This means avoiding language that suggests that the problem is well-known or that others have attempted to solve it in a similar way. What you need to do When drafting your Utility Patent application, it's important to work closely with a patent attorney or agent who can guide you through the process and help you avoid common pitfalls. They can help you craft a strong background section that effectively sets the context for your invention without undermining your chances of success. TAKE ACTION Subscribe to this Podcast and listen to the prior episodes. Learn how to leverage your inspiration, 13 minutes at a time.
Next week: Maximizing Trademark Protection: First Use, Research Strategies, and Start Strong and Finish Strong
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
TAGS: Secret recipe, trade secret, intellectual property, invention, brand launch, customer list, supplier list, marketing plan, business plan, skilled employees, security, Wayne Carroll, patent strategy, patent prosecution, trademark strategy, trademark registration
Episode link: https://play.headliner.app/episode/14772451?utm_source=youtube
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S13 E13 Terrible vs Terrific Trademarks with Wayne Carroll | Leveraging Inspiration
S13 E13 Terrible vs Terrific Trademarks I met an attorney at a networking event but did not get his contact information, but I wrote down his name and the area of law he practiced. I wanted to reconnect so I tried to find him on the Internet. Unfortunately, he had a very common last name and there were dozens of different attorneys with the same name and it was very difficult to find him in this way. In his case, his name made a terrible trademark because it was not easy to distinguish him from other attorneys. The US Trademark Office and the Courts recognize a continuum of trademark strength, with the weakest on the continuum giving little or no trademark protection, and the strongest trademarks being afforded the greatest protection. What you need to know. There are 4 trademarks “strength” categories: 1) Generic trademarks 2) Descriptive Merely Descriptive Acquired Secondary Meaning 3) Suggestive 4) Fanciful and Arbitrary There is an inverse relationship between the strength of a trademark and the initial advertising appeal of a trademark. A strong trademark has a low initial advertising appeal, and a trademark with a high initial advertising appeal is often a weaker trademark. What you need to do. Determine if your Trademarks are strong or weak. TAKE ACTION Book time on my calendar for a free consultation regarding your trademark In our next episode, we are discussing trademark first use, and why it matters who is first.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
TAGS: Podcast, Trademark Law, Intellectual Property, Trademark Strength, Trademark Continuum, Trademark Categories, Generic Trademarks, Descriptive Trademarks, Suggestive Trademarks, Fanciful Trademarks, Arbitrary Trademarks, Trademark Protection, Trademark Appeal, First Use, Wayne Carroll, Inspired Idea Solutions, IP Strategy, Small Business, Free Consultation, Legal Advice, Eagle Scout, Boy Scouts, Business Strategy, Brand Protection, Brand Leverage, Strategy Session, Protect Your IP, Leverage Your IP
Episode link: https://play.headliner.app/episode/14772447?utm_source=youtube
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S13 E11 Preventing Patent Profanity with Wayne Carroll | Leveraging Inspiration
S13 E11 Preventing Patent Profanity Have you played the game of “Taboo”? This is a game that skilled patent attorneys play every day to avoid “Patent Profanity”. Having the wrong language in a patent can cost companies millions of dollars. If your patent has certain words, they might severely limit the Patent Profanity, "The written description is the backbone of a patent application, and it can make or break your case. It's like the foundation of a building - if it's not strong, the whole thing could collapse." Knowing what to include and not include in your written description can make a significant difference in the success of your patent application. A well-written description can help to clearly define the invention and provide a solid foundation for your claims. Conversely, a poorly written description has been a critical factor in the defeat of patent owners in court. What you need to know. Patent profanity refers to the use of vague or generic terms in patent applications, which can lead to the patent being invalidated or narrowed down in scope. In the case of T-Mobile USA, Inc. and Mylan Pharmaceuticals, Inc., the use of certain phrases such as "very important feature" and "key feature" in the patent applications played a crucial role in determining the outcome of the case. Conversely, in Biovail Corporation International v. Andrx Pharmaceuticals, Inc. and Microsoft Corporation's case against Research Corporation Technologies, Inc., the use of specific language like "necessarily," "present invention," and "objects of the invention" led to limitations on the scope of the patent protection. Therefore, it is essential to avoid patent profanity while drafting a patent application to ensure its validity and protect its scope. What you need to do. Many people who learn a new language by living in a foreign county learn profanity first. Learn the profanity in patents so you do not cripple your hard work and investment in patents. TAKE ACTION Get a free review of your patent. Book a call with patent attorney Wayne Carroll to discuss your patent application and get the help you need to ensure its success. In our next episode, we are discussion avoiding shooting your patent in the foot with prior art declarations.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
TAGS: intellectual property, patents, trademarks, copyright, trade secrets, protection, invention, first-to-file, first-to-invent, confidentiality, publication, trademark application, copyright registration, trade secret protection, Wayne Carroll, Inspired Idea Solutions, strategy session, safeguarding intellectual property rights
Episode link: https://play.headliner.app/episode/14772450?utm_source=youtube
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S13 E9 Building a Strong Bridge Understanding the Importance of Patent Claims with Wayne Carroll...
S13 E9 Building a Strong Bridge: Understanding the Importance of Patent Claims
Patents are like a bridge. In student STEM competitions, small bridges are built by students and then tested with weights to see which bridge will hold the most weight before breaking. Patents are not “weight tested” until they are litigated, and the defendant tries to break the patent. Some patents will break easily, and others do not break.
When your business is relying on the strength of a patent to gain advantages in the marketplace, knowing if your patent is weak or strong can help you make good business decisions and not waste money on battles that you will not win.
If you're a small business owner or entrepreneur looking to protect your inventions, be sure to subscribe to our podcast and book a call with us to discuss your patent strategy.
What you need to know Know what makes a patent strong or weak and how to see the difference. Understand the patent rights in your patent claims before they are final and cannot be easily changed. Know what a patent covers and what it does not cover by reading the claims. Mistakes to look for when your attorney is drafting a patent application.
What you need to do Conduct a patentability search to determine whether your invention is eligible for a utility patent and then discuss with your patent attorney what can and cannot be covered based on the search results. Work with a patent attorney to draft a detailed utility patent application that includes strong patent claims. Read the patent claims BEFORE the patent is filed, and ask questions about the claims and what they cover. You can make your patent stronger by asking questions and guiding your attorney.
TAKE ACTION Book a call with patent attorney Wayne Carroll to discuss your patent strategy and start taking steps to protect your invention today!
The next episode is about patent drawings, and how to avoid costly mistakes. BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
TAGS: #patentclaims #patentstrategy #smallbusiness #entrepreneur #intellectualproperty #utilitypatent #patentabilitysearch #patentapplication #patentattorney #InspiredIdeaSolutions #WayneCarroll #podcast #protectyourinvention #LeveragingInspiration #inspiredpatent
Episode link: https://play.headliner.app/episode/14772448?utm_source=youtube
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S13 E10 Utility Patent Drawings - Avoid Costly Mistakes with Wayne Carroll | Leveraging Inspiration
S1 E10 Utility Patent Drawings - Avoid Costly Mistakes
Did you know that Utility Patent drawings can make or break your patent application? In fact, poor-quality drawings can even lead to rejection by the Patent Office. Let's learn how to avoid those mistakes and make your patent application successful!
Utility Patent drawings play a crucial role in a patent application. They help to explain the invention and illustrate the details, functions, and operation of the invention. Therefore, it's important to know what to include and not include in your drawings and how to meet the patent office standards to ensure your patent application is approved. What you need to know To create successful Utility Patent drawings, you need to know: The patent office standards and requirements for drawings The inventor can provide “napkin” drawings or completed CAD drawings What to include and not include in your drawings How to identify mistakes or omissions from your draftsman or patent attorney How to use different views, cross-sections, and shading to enhance the understanding of the invention
What you need to do Here are the steps you need to take to create successful Utility Patent drawings: Work with a skilled draftsman or patent illustrator who has experience in creating Utility Patent drawings Provide detailed and accurate information about the invention to the draftsman Review the drafts carefully and identify any mistakes, omissions, or inconsistencies Ask questions and point out anything that is not correct Don’t put too many details in the drawings
TAKE ACTION Don't risk losing your patent application due to poor quality drawings. Subscribe to our podcast and book a call with us to discuss your patent strategy and get expert guidance on creating successful Utility Patent drawings.
Our next episode covers patent profanity and what you DON’T want in your written description
BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
TAGS: IP Strategy, Business Strategy, Patent Protection, Trademark Protection, Copyright Protection, Trade Secret Protection, Patent Claims, Security Review, Communication with Attorney, IP Goals, Wayne Carroll, Inspired Idea Solutions, Patent Strategy, Trademark Strategy, Copyright Strategy, Legal Expertise, Asset Protection, Strategy Session, Protecting Intellectual Property, Leveraging Intellectual Property
Episode link: https://play.headliner.app/episode/14772449?utm_source=youtube
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S13 E5 Stay Ahead of the Game: Navigating Current and Future State of Patent Law with Wayne...
Patent law has undergone major changes in recent years, including the shift to a first-to-file system and the introduction of a new test for patent eligibility. Keeping up with these changes is crucial to staying ahead of the game in the world of patents.
As patent laws continue to evolve, it's important to understand how they may affect your inventions and overall patent strategy. Failing to stay up-to-date on changes in patent law can leave you vulnerable to losing out on potential patent protection.
Patent law is a constantly shifting landscape, with changes ranging from pro-patent to anti-patent. Currently, the law is currently leaning more toward the anti-patent side, and it's important to adjust your strategy accordingly.
When considering a new invention or patent application, it's important to weigh the benefits of filing a patent application versus keeping the invention a trade secret. Consult with a patent attorney who is knowledgeable about the current state of patent law to help guide your decision.
Don't fall behind in the world of patent law - schedule a consultation with a patent attorney who can help you stay ahead of the game and make informed decisions about protecting your inventions.
BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com (mailto:Wayne@inspiredideasolutions.com). You can also connect with Wayne on LinkedIn (https://www.linkedin.com/in/waynecarroll/).
Schedule an appointment (https://app.lawmatics.com/appointment-calendar/MjAwNw==%7CWyIyMTM0Il0=%7CWyI5OTYiXQ==%7CWyJwaG9uZU51bWJlciJd) with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
Episode link: https://play.headliner.app/episode/14575028?utm_source=youtube
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S13 E6 Avoid Costly Patent Mistakes - Pro Help & Tips on Patent Research with Wayne Carroll |...
Inventors who skip the research process sometimes spend thousands of dollars on a patent application that will ultimately be rejected. Just because something is not sold in the marketplace does not mean that it is patentable. An old patent with a similar invention will make an invention unpatentable, even though the old invention is no longer used in the marketplace.
Learn how to conduct your own research and work with a professional to minimize the risk of investing in a patent application that may not be granted.
Not all patent searches are created equal, and investing in a more thorough search with experienced professionals and better tools may save you a lot of money in the long run. Also, any publication available to the public, including on the internet, can be used to reject or invalidate your patent. The patent office focuses on the claims in your application during their research process, and incomplete research can result in your application being rejected.
Document your research and seek professional help to understand the limitations of the research process. Share the closest solutions you find with your attorney, and ask about your attorney’s research process to ensure that all aspects of your invention are covered.
Write down the closest solution to your invention that you know about, and then share it with your patent attorney to ensure a more thorough research process. Avoid costly mistakes and protect your invention with expert tips and professional help.
BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com (mailto:Wayne@inspiredideasolutions.com). You can also connect with Wayne on LinkedIn (https://www.linkedin.com/in/waynecarroll/).
Schedule an appointment (https://app.lawmatics.com/appointment-calendar/MjAwNw==%7CWyIyMTM0Il0=%7CWyI5OTYiXQ==%7CWyJwaG9uZU51bWJlciJd) with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
Episode link: https://play.headliner.app/episode/14575029?utm_source=youtube
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S13 E7 Truth about Provisional vs. Nonprovisional Patents - Avoiding Scams & Developing Winning...
Invention promotion scam companies have misled inventors and small businesses for years, taking millions of dollars in exchange for little or no return. As a patent attorney, I've seen the damage these scams can do firsthand. It's important to understand the limits of a Provisional Patent Application (PPA) and when it makes sense to start with a Nonprovisional Patent Application (NPA).
See:
How an “invention promotion” outfit demoted the truth (https://www.ftc.gov/news-events/blogs/business-blog/2017/09/how-invention-promotion-outfit-demoted-truth) (September 13, 2017) Some invention-promotion firms do nothing for you (https://www.consumer.ftc.gov/blog/2017/03/some-invention-promotion-firms-do-nothing-you) (March 14, 2017)
PPAs are temporary and can be used to scam inventors, while NPAs are examined and can become a patent. Knowing the differences between the two can save you time, and money, and potentially protect your patent rights.
PPAs have a low standard for filing and are never examined, while NPAs have higher standards for filing and often receive at least one rejection. PPAs can be useful if you have a specific product launch or publication date in mind.
Develop a clear business plan for your invention, including your launch date and potential market. Share this plan with your patent attorney to determine whether a PPA or NPA strategy is right for you.
Don't fall for invention promotion scams. Instead, work with a trusted patent attorney to develop a winning patent strategy that protects your invention and your business.
BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com (mailto:Wayne@inspiredideasolutions.com). You can also connect with Wayne on LinkedIn (https://www.linkedin.com/in/waynecarroll/).
Schedule an appointment (https://app.lawmatics.com/appointment-calendar/MjAwNw==%7CWyIyMTM0Il0=%7CWyI5OTYiXQ==%7CWyJwaG9uZU51bWJlciJd) with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
Episode link: https://play.headliner.app/episode/14575030?utm_source=youtube
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S13 E8 Winning Patent Cases - Strategic Use of the Patent Process with Wayne Carroll |...
“From Sun Tzu’s The Art of War "Some can struggle to a victory and the whole world may praise their winning. This demonstrates a limited ability. Win as easily as picking up a fallen hair”. Learn from successful patent litigators on how to prepare a winning patent case and avoid costly battles in court.
Preparation and planning for battle can avoid battle altogether. With a winning strategy, even large companies might not want to fight you but will work with you so you both make millions instead of spending millions on attorneys to fight in court.
A pending patent can be adjusted to target an infringer. The default path through the patent office might not be the best strategy for your business. There are ways to get the patent application to go faster or slower depending on your long-term plans.
Determine which is more valuable for your invention, the first few years after launch or the last year of patent protection.
Share with your patent attorney when the most valuable time for your patent is, the beginning or the end of the 20-year term of the patent. Strategically use the patent process to prepare a winning patent case.
BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or at Wayne@inspiredideasolutions.com (mailto:Wayne@inspiredideasolutions.com). You can also connect with Wayne on LinkedIn (https://www.linkedin.com/in/waynecarroll/).
Schedule an appointment (https://app.lawmatics.com/appointment-calendar/MjAwNw==%7CWyIyMTM0Il0=%7CWyI5OTYiXQ==%7CWyJwaG9uZU51bWJlciJd) with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
Episode link: https://play.headliner.app/episode/14575031?utm_source=youtube
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Audacity - simple trim & convert to MP3
This short video is for podcasters who want to trim off the dead space at the beginning and end of an audio track. Audacity is a free opensource program for editing audio files. This video discusses what you need to do to set up Audacity for use with M4A or MP4 files that you want to edit and convert to MP3 or other formats.
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