In this episode of Patent Pending Made Simple, Jamie and Samar talk about the ins and outs of prototyping and whether you should have one before filing your patent application. They discuss the costs of prototyping, how it can help you in the product development process, and what you should consider before prototyping your invention.SummaryThe conversation discusses whether a prototype is necessary before filing a patent application. It is clarified that there is no legal requirement to have a prototype before filing a patent application as long as the invention is described in sufficient detail. However, prototyping can be beneficial in working out kinks in the invention and discovering potential changes that may need to be made. The decision of whether to prototype before filing a patent application depends on factors such as comfort level, cost, goals, and the nature of the invention.TakeawaysThere is no legal requirement to have a prototype before filing a patent application.Prototyping can help work out kinks in the invention and discover potential changes.The decision of whether to prototype before filing a patent application depends on factors such as comfort level, cost, goals, and the nature of the invention.Chapters00:00 Introduction and Background03:49 Is a Prototype Necessary Before Filing a Patent Application?07:34 The Benefits of Prototyping in the Patent Process10:17 Factors to Consider When Deciding to Prototype Before Filing a Patent Application

In this episode of Patent Pending Made Simple, Jamie and Samar interview Stephen Key, one of the foremost experts in the world of patent licensing.  They discuss the patent licensing process, the role of a provisional patent application in that process, steps to bringing an idea to market, prototyping, prior art searches, and so much more!SummaryStephen Key, a patent licensing expert, shares his insights on how to protect and commercialize ideas. He emphasizes the importance of focusing on the benefits of an idea rather than just the features. Key recommends starting with a Google search to see if the idea already exists and then reaching out to companies that may be interested in licensing the idea. He suggests using tools like provisional patent applications, sell sheets, and videos to test the market interest before investing in prototypes. Key also discusses the importance of teamwork with patent attorneys and agents to create a valuable patent.TakeawaysFocus on the benefits of an idea rather than just the features.Start with a Google search to see if the idea already exists.Reach out to companies that may be interested in licensing the idea.Use tools like provisional patent applications, sell sheets, and videos to test market interest before investing in prototypes.Work with patent attorneys and agents as a team to create a valuable patent.00:00 Welcome to the Patent Pending Made Simple Podcast00:15 Introducing Stephen Key: The Patent Licensing Expert00:48 Stephen's Journey: From Ideas to Innovation03:16 Demystifying the Patent Process for Inventors04:35 The Initial Steps of Bringing an Idea to Market07:12 Licensing Ideas: Stephen's Strategy for Success08:42 Prototyping and Testing: Essential Steps Before Patenting11:38 The Power of Provisional Patent Applications14:05 Testing Your Invention in the Real World17:17 Stephen's Advice on Prototyping and Filing for Patents19:55 Navigating Patent Applications: Insights and Strategies20:40 The Importance of Matching Claims with Business Objectives22:10 Leveraging Patents as Negotiation Tools23:29 Crafting Patents with Manufacturing and Detail in Mind27:01 The Role of Prior Art in Shaping Patent Strategy27:28 Building a Strong Team Beyond the Patent28:28 A Real-World Example: Overcoming Prior Art Challenges33:32 The Art of Patent Writing: A Collaborative Approach36:55 Closing Thoughts and Appreciation

What is the difference between a patent and a license?In this episode, Jamie and Samar discuss the differences between a patent and a license.  Topics include:Key differencesDo you need an issued patent to get a licensing deal?Are there benefits of securing a licensing deal during the patent pending phase?Overcoming fears and uncertainties around licensing an inventionWhat is a license (a contract that allows someone to use your patented invention in exchange for payment)Licenses can be exclusive or non-exclusiveMost common patent licensing deal structures (lump sum payment, royalty rate per unit sold, percentage of profits)Finding potential licensing partnersTips for writing a patent application with licensing in mind (understand potential partners’ portfolios, draft claims accordingly)Timestamps:0:00 - Introduction2:30 - Do you need an issued patent to get a licensing deal?5:15 - Overcoming inventor fears about licensing7:00 - Defining what a license agreement is10:30 - Exclusive vs. non-exclusive licensing12:45 - Typical licensing payment structures15:00 - Finding potential licensing partners (teaser for future episode)17:30 - Writing patents with licensing in mind

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Happy Thanksgiving to all! On today's episode, Jamie and Samar discuss the top mistakes that inventors make in writing and filing their provisional patent applications. For show notes, visit: https://outlierpatentattorneys.com/top-mistakes-provisional-applications --- Send in a voice message: https://podcasters.spotify.com/pod/show/patentpending/message

In this episode of the Patent Pending Made Simple Podcast, Jamie and Samar discuss patent related deadlines, including: The importance of patent deadlines (00:00-01:56) Pre-filing Deadlines (01:57-02:55) Public Disclosures and Associated Nuances (02:56-10:13) Post-filing Deadlines (10:14-10:49) Responding to Final and Non-Final Office Actions (10:50-19:14) Other Deadlines (19:15-19:56) --- Send in a voice message: https://podcasters.spotify.com/pod/show/patentpending/message

In this podcast episode, the hosts Samar Shah and Jamie Brophy are interviewed by Jamie's two sons, Griffin and Jordan. The boys have questions about patents, which they ask during the episode. They learn that a patent is a legal document that gives inventors rights to protect their inventions from being made, sold, or used by others. The process of getting a patent involves writing a patent application and submitting it to the Patent Office for review. It can take several years to obtain a patent due to the backlog of applications at the Patent Office. The cost of obtaining a patent, and more. Once you have a patent, you need to mark your product as patented when selling it. This notifies others that you have the exclusive rights to the invention and discourages them from copying it. If someone does copy your invention, you can send them a letter asking them to stop. If they refuse, legal action can be taken by filing a lawsuit in federal court. Overall, patents are important for protecting inventions and preventing others from copying them without permission. And, if someone does steal your invention, patents give you the right to sue infringers. --- Send in a voice message: https://podcasters.spotify.com/pod/show/patentpending/message

For transcript and show notes, visit: https://outlierpatentattorneys.com/patent-pending-made-simple/podcast/episodes/3 In this episode of Patent Pending Made Simple Podcast, Jamie and Samar discuss the differences between patentability opinions and patent infringement opinions. What is the difference, and when should you think about these concepts in your patent journey. Introduction to the podcast (00:02) Hosted by Samar Shah and Jamie Brophy Catching Up (00:08-00:50) Topic: Differences between patentability and patent infringement (00:51) Initial discussion of the two concepts (01:13-02:41) Just because you get a patent on something does not mean that you're not infringing on something, so you could still be infringing on somebody else's patent. Is having a patent a good defense to infringement? ⁠4:02⁠ A client has a patent and they can still infringe on somebody else's patent, both of which can happen simultaneously. Having a patent is not a good defense to patent infringement. Courts may not allow you to present that kind of evidence to a jury. The different types of opinions that practitioners can draft: patentability, non-infringement, and freedom to operate. Patentability opinions are straightforward, while infringement opinions are more complicated. The importance of a patentability opinion. 7:57 Patentability analysis gives a good idea of whether a patent application will be rejected or not. It also gives an idea of what elements to focus on in the application to get a patent. Litigation can cost upwards of $100,000 on the search itself. The patentability opinion and the infringement opinions are very very different. In infringement, you have to interpret the claim language and determine what is meant by each of those terms in the claims and that is kind of complicated. The importance of non-infringement opinions. 12:09 When writing a non-infringement opinion letter, the quality of the opinion letter becomes very important, and the level of analysis that has been done is very important. What to recommend to clients who want to know if they are infringing on something, and how to handle it. Advice to those who want to do an initial search to see if they infringe someone else's patent before launching something. Information disclosure statements ⁠16:50⁠ Software patents are written often in a way that is indecipherable to clients. It is hard for the client to make a decision on whether the disclosure is relevant to their invention. Information Disclosure Statements: The information disclosure statement is an ethical obligation to tell the patent office about references to the invention. Cost considerations and ethical obligation to disclose relevant references (17:49-18:12) Working with an attorney to establish search parameters and track references (19:01-19:23) Conclusion and Closing Remarks (19:40) Recap of key points discussed (19:49-19:57) Disclaimer about legal advice and opinions expressed (20:27-20:44) --- Send in a voice message: https://podcasters.spotify.com/pod/show/patentpending/message

Are you curious about what the patent process looks like from start to finish? What happens after you file your patent application? What deadlines and expectations should you have? Join us on on this episode of Patent Pending Made Simple as Jamie and Samar walk you through the lifecycle of a patent. Visit our show notes page for a transcript and resources: https://outlierpatentattorneys.com/patent-pending-made-simple/podcast/episodes/2 Topics we cover: • The provisional application is an informal application that acts as a placeholder to secure an early filing date. It gives inventors up to 1 year to decide if they want to pursue a full patent application. • Within 1 year of filing the provisional, inventors must file a non-provisional or PCT application to claim priority to the provisional filing date. • After filing a non-provisional application, the patent office will typically issue a rejection within 18-24 months. This is a normal part of the patent prosecution process. • Inventors can respond to rejections, amend claims, and make arguments to try and overcome the rejections. This can go back and forth multiple times until the application is either abandoned or allowed. • International filings via the PCT route can allow inventors to enter national phase in countries like Europe and Canada. However, international filings are expensive and the US is often the most lucrative market. --- Send in a voice message: https://podcasters.spotify.com/pod/show/patentpending/message

Episode 1: Intro to the Patent Pending Made Simple Podcast, and its hosts: Jamie Brophy and Samar Shah. In this episode, Jamie and Samar discuss frameworks that you (the inventor) should use when you think about your patent application as well as frameworks for protecting your innovations. Episode 1 - What is a good patent application Introduction to the podcast. 0:00 Welcome to the Patent Pending Made Simple Podcast. Jamie's background and goals for the podcast. Samar's background. What makes for a good patent application? 3:03 What makes for a good patent application. Working with a small boutique firm. The benefits of working with an inventor focused patent practitioner. The first step to getting a patent 6:33 What are the physical characteristics of your invention? Benefits and advantages of an invention. Conceptual framework for a patent application 8:37 Layers of abstraction What aspects of the invention are essential? The importance of clarity in a patent application. 11:17 Importance of being as clear as possible. Clarity, precision, and best mode. Writing to different audiences ⁠16:33 Patent litigation in the US. How Inventors should review patent applications 19:17 Patent documents are difficult to read. Collaboration with clients leads to better patent documents. Make sure the claims are right. 21:43 Having a strategic perspective to the claims. Big picture perspective on a patent application. Next time on patent pending made simple. --- Send in a voice message: https://podcasters.spotify.com/pod/show/patentpending/message