Shows
Leveraging Inspiration: The Inspired Patent PodcastS13 E52 About the Host - Wayne Carroll Patent and Trademark Attorney with Wayne CarrollI 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...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E51 Life is Good trademark story, and trademarks for clothing brands with Wayne CarrollThe 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...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E50 KFC’s secret recipe - a lesson in protecting secrets with Wayne CarrollKFC 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...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E49 Unlocking Trade Secrets Listerine's Success Story with Wayne CarrollDid you know that trade secrets can be licensed indefinitely, surpassing the duration of patents or copyrights? In 1881, Dr. Lawrence sold the secret Listerine formula to a company, securing a 10% share of gross sales. Fast forward to 1956, after paying a staggering $22 million, the company sued to halt further payments. Understanding how intellectual property works is crucial for small business owners. Trade secrets can provide a competitive edge and long-term value if managed and protected effectively. What You Need to Know: Trade secrets can be licensed without an expiration date, offering a lasting competitive advantage. The Listerine case exemplifies the...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E48 Crowdfunding - Understanding the Good, Bad, and Ugly with David BlackledgeWayne Carroll, the host of Leveraging Inspiration Podcast, and his guest David Blacklage discuss the good, bad, and ugly of crowdfunding. They emphasized the importance of following specific legal requirements and regulations, seeking a qualified securities attorney, and investing in a well-crafted pitch deck. They also differentiate pre-buying from crowdfunding and loans from equity financing. Additionally, they mention that choosing the right crowdfunding platforms for businesses is essential and advise business owners to consult securities attorneys and advisors before launching crowdfunding campaigns.
Crowdfunding: - A way for companies to get consumers to invest or contribute directly to...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E47 The Power of Due Diligence - What Successful Investors Want with Wayne Carroll and David BlackledgeDealing with Investors - Speaker recommends upfront conversations and NDAs with investors before getting investments. - Emphasizes the importance of having an equity document in place. - Negotiating with investors for money is always a good thing. Key Insights: - Recruiters typically go to LinkedIn as the first step in recruitment. - Having more industry connections is important for effective recruiting. - Prioritize experience and context in advisors for valuable connections and networking opportunities.
Choosing the Right Investors - Share plans, exit strategy, time to market, and investments with potential investors. - Having good advisors and angel...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E46 Legal Issues When Pitching Your Business to Friends, Family & Investors with Wayne Carroll and David BlackledgeFraud can sneak up on people, it may seem like a small deception at first or the easy way out, but the deception will grow until it is too big to hide. Theranos Scandal - The company aimed to do multiple blood tests with one drop of blood - The company took orders but was sending them out to other labs instead of using its own equipment - Company had a lot of money but technology never worked - Dream never realized - The founder went to jail because she failed to let investors know that the machine was...
2023-07-0713 minLeveraging Inspiration: The Inspired Patent PodcastS13 E45 Difference Between Angel & Venture Capital Investors with Wayne Carroll and David BlackledgeS13 E45 From Seed Round VC Funding Navigating Startup Investment Startups waste a lot of time and effort asking the wrong angel investor groups for money. Differences between Angel Investors and Venture Capitalists - Most businesses cannot provide the return on investment that venture capitalists seek - Angel investors focus on investing in small businesses at the seed round stage - Angel investors typically invest between $500,000 to $1.5 million in companies while venture capitalists invest in more established businesses - Venture capitalists invest in companies with audited financials and potential for scalability to $10 million or more
The Story...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E44 Adidas Trademark strategy - sue early and often with Wayne CarrollS13 E44 Adidas Trademark strategy - sue early and often Adidas 3 stripe logo is an example of how a logo can be used to establish a brand, and how litigation can keep the brand strong. The Adidas 3 stripe logo serves as an example of the significance of protecting and enforcing intellectual property rights to maintain a distinct brand identity and prevent unauthorized use by competitors. The Adidas 3 stripe logo is one of the most recognizable and iconic brand marks in the sportswear industry. Over the years, Adidas has actively enforced its trademark rights associated with the logo through numerous...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E43 The Escalator Trademark story How to lose a trademark with Wayne CarrollS13 E43 The Escalator Trademark story How to lose a trademark
“Escalator” was once a brand, but it is now a generic term. Learn how a company lost its trademark and how to prevent it from happening to your brand. Trademark genericide occurs when a brand name becomes so commonly used that it transforms into a generic term. The example of "Escalator" illustrates this phenomenon. Originally, it was a trademarked brand name for a moving staircase, exclusively associated with the Otis Elevator Company. However, over time, the term became so widely used that it lost its trademark stat...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E42 The McSleep Inn case Enforcing a trademark outside of your direct competitors with Wayne CarrollS13 E42 The McSleep Inn case Enforcing a trademark outside of your direct competitors. In season 13, episode 15, I talked about how I found three companies all using the same trademarks in three different product categories, a moving company, an automotive parts company, and an electric cooperative selling electricity.
Clients often come to me when they see a company using a name similar to theirs and want to know if it is trademark infringement.
In this episode I discuss the 8 trademark infringement factors and how they played out in a case between McDonalds and Quality Inns (1...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E41 Apple's Struggle for the Trademark Live Photo Why the best defense is a good offense with Wayne CarrollS13 E41 Apple's Struggle for the Trademark Live Photo Why the best defense is a good offense Apple bet on a trademark and lost, but then went another round and won. Learn why the best defense in trademarks is a strong offense.
In 2015, Apple introduced a new feature called "Live Photos," which captured a 3-second video clip along with a photo. In January 2016, Apple filed a trademark application for "Live Photos." However, in April 2016, they received an office action from the USPTO stating that the trademark "HP LIVE PHOTO" filed by HP Hewlett-Packard blocked their registration. The...
2023-07-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E40 AI and trademarks with Wayne CarrollS13 E40 AI and trademarksThe world changed through COVID. One clear change is the number of trademarks filed in the US TM Office. The number has more than doubled. Trademarks are more crowded and it takes more work to find a trademark that is available and works for your business.
Business owners need a process for selecting a brand in a crowded marketplace. Here is a guide to using AI to select and protect your brand.
Know who you are
Words that describe your business and the brand you want to create
Examples
Team Players, Can-Do Attitude...
2023-06-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E39 ChatGPT and trade Secrets with Wayne CarrollS13 E39 ChatGPT and trade Secrets.Your employees are using AI. According to a Feb. 2023 survey by Fishbowl, 43% of professionals are using ChatGPT at work, but of those about 70 percent say their boss does not know. What does that mean for your trade secrets?
If your employees are feeding your trade secrets to CHATGPT, they may be training an AI to help your competitors with your trade secrets.
Review of trade secret requirements. Have knowledge that others don’t have, which is valuable because you are the only one with the knowledge and reasonable measures to keep it secret.
No...
2023-06-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E38 Legal updates on AI and Copyright with Wayne CarrollS13 E38 Legal updates on AI and Copyright
Your employees are using AI. According to a Feb. 2023 survey by Fishbowl, 43% of professionals are using ChatGPT at work, but of those about 70 percent say their boss does not know.
If AI is found to infringe copyright or have other legal risks then your company’s use of AI could bring liability.
Cases relating to AI and Copyright
Getty Images v. Stability AI: In February 2023, filed in D. Del. and the U.K. Getty Images, filed a lawsuit against Stability AI, an AI-driven image recognition platform. The dispute centered around allegations of...
2023-06-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E37 Legal updates on AI and Patent with Wayne CarrollS13 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...
2023-06-2212 minLeveraging Inspiration: The Inspired Patent PodcastThe 5 strategic milestones of a patentMaximize The Value Of Your Patent At These Five Strategic Milestones
In 2020 the average judgment award for patent infringement in the US was about $100 Million Dollars? Learn what it takes to have a patent that is on the winning side.
In this podcast, I will teach you the 5 strategy milestones in obtaining a patent, and how to maximize value and minimize risk at each milestone with the help of your patent attorney. Get ready to leverage the value of your ideas with patents while scaling your business.
2023-06-1622 minLeveraging Inspiration: The Inspired Patent PodcastS13 E36 Create your IP team with Wayne Carroll and Scott GibsonCreating 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...
2023-06-0813 minLeveraging Inspiration: The Inspired Patent PodcastS13 E35 Creating a Culture of IP Protection with Wayne Carroll and Scott GibsonAccording 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...
2023-06-0812 minLeveraging Inspiration: The Inspired Patent PodcastS13 E34 When in the life cycle of patenting to start selling your new product with Wayne Carroll and Scott GibsonAs 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...
2023-06-0812 minLeveraging Inspiration: The Inspired Patent PodcastS13 E33 The lifecycle of an invention with Wayne Carroll and Scott Gibson"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...
2023-06-0812 minLeveraging Inspiration: The Inspired Patent PodcastS13 E32 Avoid a lawsuit when hiring with Wayne Carroll and Scott GibsonS13 E32 Avoid a lawsuit when hiring - Best practices when hiring employees with experience.
An SBA report on Small Business litigation from 2005 showed that Litigation costs for small businesses (firms) are between $3000 to $150,000 per lawsuit The survival rate of new employers falls from 69% of all new firms in the first 2 years to 33% survival rate if they are involved in a lawsuit. Small firms hire 43 percent of high-tech workers (scientists, engineers, computer programmers, and others) We are joined by Attorney Scott Gibson, a trade secret expert. Scott, is there a risk of being sued when hiring someone...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E31 Dos and Don’ts for NDAs and employee agreements with Wayne Carroll and Scott GibsonS13 E31 Dos and Don’ts for NDAs and employee agreements
Our special guest is attorney Scott Gibson, an expert in trade secret law. Can an employee exploit trade secrets they have access to in order to do their job? No, even without a contract or anything in writing, employees have a duty of loyalty to their employer and are not allowed to exploit trade secrets they have access to in order to do their job. What protections do employers have against the use of trade secrets? Employers still have some protections against the use of trade se...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E30 The first step in protecting trade secrets with Wayne Carroll and Scott GibsonS13 E30 The first step in protecting trade secrets (Defining your intangible assets).
We are discussing trade secrets with Scott Gibson. In this episode, we are discussing the beginning steps in protecting your trade secrets. Scott, one of the ways you help companies protect trade secrets is through litigation. In your litigation cases and consultations, do you see more theft of trade secrets from hacking or from employees? Hands down theft is from the employees. Should businesses seek expert help in protecting valuable trade secrets? - Yes, working with an expert is advised for valuable trade secrets...
2023-06-0113 minLeveraging Inspiration: The Inspired Patent PodcastS13 E29 Patent or trade secret? Both! with Wayne Carroll and Scott GibsonS13 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...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E28 The Role of Contracts in IP Ownership Navigating Joint Ownership Licensing and Assignments to Protect Your Interests with Wayne Carroll and Ike DevjiS13 E28 The Role of Contracts in IP Ownership: Navigating Joint Ownership, Licensing, and Assignments to Protect Your Interests A well-drafted contract is like a compass that guides you through the intricate maze of intellectual property ownership.
In our last episode, we discussed the defaults for IP ownership. In this episode, we will go deeper into the issues and share strategies for structuring your contracts and relationships around IP ownership.
If you missed episode 1, I discussed that your intellectual property is the invention, not the patent, the goodwill in your brand, not the trademark registration...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E27 Securing IP Ownership When Working with Partners, Employees, and Contractors with Wayne Carroll and Ike DevjiS13 E27 Securing IP Ownership When Working with Partners, Employees, and Contractors.
Do you own a socket wrench? I have done many projects with a socket wrench. One of the innovations was invented in 1965 when a Sears clerk invented a socket wrench with a button that releases the socket so you can change sockets with one hand. Sears agreed to buy the patent rights from their employee for $10,000 and then went on to sell millions of socket wrenches with the button release feature. When the inventor saw how widely the patent was sold, he sued Sears saying...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E26 Why you should form an LLC or corporation for your intellectual property with Wayne Carroll and Ike DevjiS13 E26 Why you should form an LLC or corporation for your intellectual property
Let me tell you a story. Four friends from college decided to start a business together. As they spend long hours together they developed some great ideas and started to implement their plans. They filed a patent application and a trademark. They didn’t form a business or LLC since they were all friends or more than friends. Startup life was not easy and within 2 years there were breakups and people parting ways not on the best terms. One of the friends worked to...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E25 Special Guest Ike Devji - The Expert on Asset Protection with Wayne Carroll and Ike DevjiS13 E25 Special Guest Ike Devji - The Expert on Asset Protection Did you know that setting up an LLC might not be enough to protect your assets?
When you have assets you become a target of lawsuits. Learn how to protect your assets.
In this episode, we address the following questions: What is asset protection and how is it different from estate planning? When should business owners start thinking about asset protection? (first day, last day) What is the role of insurance in asset protection planning? What are some of the asset protection risk...
2023-06-0112 minLeveraging Inspiration: The Inspired Patent PodcastS13 E24 What to do if you get a copyright infringement cease and desist letter with Wayne CarrollS13 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...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E23 Qualifications for copyright ownership - ChatGPT and open AI with Wayne CarrollS13 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...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E22 Don’t copy content until you listen to this episode with Wayne CarrollS13 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...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E21 Copyright protections length coverage and strategies with Wayne CarrollS13 E21 Copyright protections - How long, what is covered, and strategies for registration According to David Israelite, President and CEO of the National Music Publishers' Association, copyright serves as the legal foundation for not only the music industry, but also the film, software, publishing, and many other creative industries. As a small business owner, it is important to understand how copyright works, even if your business does not operate within one of these industries. If you create any form of content, have a website, or have developed any software or manuals for your business, you may be creating...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E20 The Design Patent Dilemma Strategies for Responding to Cease and Desist Letters with Wayne CarrollS13 E20 The Design Patent Dilemma: Strategies for Responding to Cease and Desist Letters According to the United States Patent and Trademark Office, over 50,000 design patent applications were filed in 2022 alone, which is more than a 15% increase from the previous year. If you receive a cease and desist letter for an alleged design patent infringement, it is important to respond appropriately to protect your business and avoid potential legal consequences. Failing to respond or taking the wrong action can result in costly litigation and damage to your reputation. By understanding the strategies for responding to cease and desist letters...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E19 Enforcing a design patent with Wayne CarrollS13 E19 Enforcing A Design Patent
Did you know that many Amazon sellers will look for popular products on Amazon and copy the product to sell it under their own brand? Design patents can be very effective at stopping others who are copying your successful product. For example, if Amazon agrees that a product being sold infringes your design patent, they can shut down the seller’s entire store and hold money that would have gone to the seller until the complaint is resolved. Design patents are very useful when someone is trying to copy your product ex...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E18 The Value Of A Design Patent with Wayne CarrollS13 E18 The Value Of A Design Patent
Statistic: Did you know that design patents are becoming increasingly popular? According to the United States Patent and Trademark Office (USPTO), the number of design patent applications filed in the U.S. has increased by over 60% in the last decade. A design patent can be a valuable tool for protecting the unique visual features of a product. A design patent played a pivotal role in the $1 Billion jury award against Samsung in favor of Apple. The design patent protected the appearance of the iPhone, and the jury found that...
2023-05-2312 minLeveraging Inspiration: The Inspired Patent PodcastS13 E17 Which Is Right For You - Design Patents Or Utility Patents with Wayne CarrollS13 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 ge...
2023-05-1212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E16 Don’t Lose Your Trademark - Renewals And Monitoring with Wayne CarrollS13 E16 Don’t Lose Your Trademark - Renewals And Monitoring
Did you know that failing to renew your trademark can result in losing exclusive rights to your brand name or logo? Protecting your company's brand is crucial for maintaining a competitive edge in the marketplace. However, many business owners are not aware that trademarks must be regularly renewed and monitored to maintain their protection. In this episode, we will discuss the best practices for trademark renewals and monitoring, so you can ensure that your brand remains protected. Trademarks must be renewed periodically to maintain their protection. Th...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E15 TM vs Circle R And Important Trademark Use Tips with Wayne CarrollS13 E15 TM vs Circle R ® And Important Trademark Use Tips
Did you know that since the start of COVID Trademark filings have more than doubled? The wait time for a Federal Trademark Application has also more than doubled. Timing can be critical when launching a brand. Understanding the process and how to ensure you have exclusive rights to a trademark will help you make good business decisions. What you need to know Use ™ when you don’t have a federally registered trademark Use ™ while your federal TM application is pending (plan for more than 1 year) Use ® when you...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E14 Who Is First, And Why It Matters For Trademarks with Wayne CarrollS13 E14 Who Is First, And Why It Matters For Trademarks
Have you ever worked hard to be first in line? Lunch line, Black Friday, concert tickets, the latest iPhone, airplane seating.
For trademarks, there are several different ways to determine who is first in line, and therefore gets the exclusive right to use a brand name or logo. Sometimes people think they are first in line and they are not. We will discuss how first use, first state trademark registration, and first federal trademark registration are different and work together to determine who get...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E12 Don’t Shoot Your Patent in the Foot - No Prior Art Admissions (Intellectual Property Strategy for Startups & Small Business) with Wayne CarrollS13 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...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E11 Preventing Patent Profanity with Wayne CarrollS13 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...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E10 Utility Patent Drawings - Avoid Costly Mistakes with Wayne CarrollS1 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...
2023-05-0413 minLeveraging Inspiration: The Inspired Patent PodcastS13 E9 Building a Strong Bridge Understanding the Importance of Patent Claims with Wayne CarrollS13 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...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E13 Terrible vs Terrific Trademarks with Wayne CarrollS13 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...
2023-05-0412 minLeveraging Inspiration: The Inspired Patent PodcastS13 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 cou...
2023-04-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E7 Truth about Provisional vs. Nonprovisional Patents - Avoiding Scams & Developing Winning Strategies with Wayne CarrollInvention 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 (September 13, 2017)Some invention-promotion firms do nothing for you (March 14, 2017)
PPAs are temporary and can be used to scam inventors, while NPAs are examined and can beco...
2023-04-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E6 Avoid Costly Patent Mistakes - Pro Help & Tips on Patent Research with Wayne CarrollInventors 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 investi...
2023-04-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E5 Stay Ahead of the Game: Navigating Current and Future State of Patent Law with Wayne CarrollPatent 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...
2023-04-2212 minLeveraging Inspiration: The Inspired Patent PodcastS13 E4 From Secret to Success. Safeguarding Your Inspiration from Theft and Misuse with Wayne CarrollKFC Secret Recipe. Kentucky Fried Chicken (KFC) found a way to protect their secret recipe so that no one person has the whole recipe. They have three different vendors for the recipe. One prepares one part of the recipe, a second prepares a second part of the recipe, and a third vendor mixes the first and second parts.
Know how to protect a trade secret, because inspired ideas (your business's valuable intellectual property) start as a secret.
Intellectual property starts as ideas and thoughts, and are secret until they are shared. An invention is...
2023-04-1412 minLeveraging Inspiration: The Inspired Patent PodcastS13 E3 When is Your Inspiration Protected. Learn About the Laws Safeguarding Intellectual Property Rights with Wayne CarrollWhen is Your Inspiration Protected? Learn About the Laws Safeguarding Intellectual Property Rights
Post Office Patent Myth: I have heard of inventors who say they have protected their invention by writing it down and mailing a copy to themselves to prove they were the first inventor. It is no longer relevant who was the first inventor because in 2013 the US joined most other countries and changed from a first-to-invent system to a first-to-file system. Even under the old system you never had patent rights unless you filed a patent application. Now you must...
2023-04-0712 minLeveraging Inspiration: The Inspired Patent PodcastS13 E2 Get Your IP Strategy in Harmony with Your Business Strategy for Maximum Success with Wayne CarrollGet Your IP Strategy in Harmony with Your Business Strategy for Maximum Success
An inventor who did not know what his patent covered. Patents don’t always have strong broad protection. I reviewed a patent for an inventor after it was finalized and granted by the patent office. The inventor was surprised to learn that the patent did not even cover the product that they were producing and selling.
Learn how to communicate your business strategy with your attorney and what questions to ask to find out if your IP protection matche...
2023-04-0713 minLeveraging Inspiration: The Inspired Patent PodcastS13 E1 Why Protect Intellectual Property? Safeguard Your Inspirations While Sharing Them with the World with Wayne CarrollI have heard this story many times: I came up with an idea for a product but did not bring it to market. Later I saw the product in the market selling very successfully.
SAFEGUARD YOUR INTELLECTUAL PROPERTY because it protects your unique ideas, inventions, and creative works legally. When your ideas are protected you can safely invest in them.
Intellectual property is property, like a house, a car, or a building, but there are different actions needed to ensure you hold the title.
Write down your brands, your secrets, and any...
2023-04-0712 min