What was originally designed to encourage innovation by rewarding the people who create technological advances, the U.S. patent system has become a big mess. Wade into this surprisingly interesting mire to learn how to save this important institution.
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hundred five hundred welcome to stop. You should now greenhouse networks that are you walk into the bargain Josh clerk, there's Charles the Brain
and you should know, there's Geraghty via a jury is ready for January me
twenty fifteen journey for a new year a mighty for this year. I think it's been clear that Lisbon plan will be much more accidents.
Its October, you ve got a little while ago. I now is my favorite months to drag her hand too tired you hippy, illustrating far out next currency. It is far out and so Chuck. Yes, I'm ready to see any patents tuning. No man, I'm not that I don't have an inventive mind. Not only the my brother does and he had some good ideas that have later been made into inventions. I didn't patten them at home in.
Every every time. I see a new and ascended to say, hey Herman when he had this idea twelve years ago, scar here, what are you doing now? I've got a bunch of pinball tables who is doing all right here on the patent on them. Now. Nobody could you know why this is America aid,
so it turns out check in doing little better research that there is mention of patents in patent protection in the constitution yeah dude
the bill of rights. Freedom of speech is not even mentioned in the consultations in the bill of rights, but patent protection is in the constitution article one section, a closet which is known as the intellectual property clause, and it says, quote Congress. I have the power the lips to promote the progress of science and useful arts by securing for limited times the authors of inventors, the exclusive right to their respective writings and discoveries, and since this is the late eighteenth century, a lot of that stuff. Just like randomly capitalized like a six greater right and my apologies- Oliver Sixty Listen is out there who know-
capitalization dark. We love proper now through its in the constitution like. If you invent something that's new novel and core, we think you should have some sort of government sanctioned monopoly
over there, at least for a limited amount of time. You know why why cause
very early on the United States- said we want to encourage inventiveness and forward thinking and entrepreneurship and great ideas there on board pretty early, even though it's sort of a mess these days which we'll talk about it, gets man, oh yeah, we will
but you're the whole point, the whole purpose of a patent system and apparently every it's one of the hallmarks of the of the modern
society. I guess you have to have a patent office and it says we ve
are you, innovation, revalued technological progress, artistic progress and we're going to show a commitment to that by
by basically saying you you have again. I guess it's. The best would happen
the monopoly on your invention for a limited amount of time and Harkin's back. Apparently, the first patent was issued in
Fourteen forty, nine in Jolly Old England by King Henry, the six who gave her too
I didn't even have a last name well, yeah sure of
Now is not the last name. That's where you're from that serbs-
Josh Toledo. Understand this medieval. Is that the sixteenth century? Now it's not so up John of Buddhism, gotta patent from King Henry, the six first thing: Glass
you, VE, actually yeah back then patents in England were those little bit different. It was more like hey. We want to protect the crime,
in our country and our good friends and our good you'll get friends of the crown and
make sure that they have an idea that we can go after anyway,
in any other country. Even if it's something like stained glass, that's already clearly being done in places like ITALY right it's, it was basically like you know.
Clear. The only person who can make stained glass is a bit of a sham yeah. They would. They would give out patents not to sign a an item or an idea or an invention, but like a whole industry. So, like the somebody held the patent on the publishing industry for a while
apparently got out of hand because his royal prerogative left and right- and you didn't last-
long, though, by the sixteen twenty four. They started to pass statutes and laws that trained curve that abuse of power anyway they could in and make it a little more like the patent system that we know and supported a yet they were like.
The crown can't give our patent unless it's for a new invention yeah. So
that is very similar to what we have today, I'm so right off the bat America's like new country were setting up a patent office and the first person to get a patent in the United States was one Samuel. Hopkins Hopkins is the last name, it not say no of Pittsburgh PEN outward Romeo Hopkins. It's pretty reminder that is here. He get it a patent for improvement.
Making in the making of potash. Does it potash protest? I don't know. I said it. Eight different ways and my head earlier were at one of those rights. Yes, and so he held the first patent. Actually person that reviewed his patent was
in Thomas Jefferson, yet he was big on innovation, as was Lincoln and Lincoln, is only president actually hold a patent. He got a boat stuck one time in river said: hey that we need if we could find a way to not get both stuck right, so devise a system to unstick boats when they were stuck on. A sand bar for the river was soon shallower. Something gear fighting some
We said that this particular you flowed over and there, like President Lincoln at a great idea, here's your battened, so he was a congressmen at the time. Are you feeling, president to hold a pen and then Jefferson handle
the application process for a while before passing it off to
you know other cabinet members and then eventually, like you know what this is all out of hand? We need to establish our own patent office, and I did so in eighteen. Oh, do you think they grossly underestimated the number of patents
patients there are going to receive. People got their invention on here. The first patent that Samuel Hopkins received Jefferson examined. He signed it. He gave to the Secretary of WAR who signed it, who then pass it under the attorney general who signed it, and then President George Washington signed it so there wasn't a sustainable process and then check. There's like tens of millions of patents. I think, like five point: seven million patent, tens of millions,
five point, seventy two time. Yet it is anyway. There is notable one that I think is kind of hilarious marked.
I love it american humorist, but I'm sure he invented who didn't like Mark TWAIN. Man he's a lotta twain hairs.
Well, he invented the elastic prostrate, really
I wonder why he he envied
an improvement in adjustable in detachable straps for garments, which he suggested to views for pantaloons arrests or other garments.
But basically, if I look at it, you, like that's a brass trap, a better than the old sought. Garter benefited from an idea
Sir, don't worry and other things I wonder, yeah. He also helped to other patent
on four witty banter, a game
and he invented a game to help players. Remember important historical dates out again
saw a dime on their own, I'm sure there and then a self pasting scrap book which wouldn't become a huge until the nineties yeah. Ninety no self pasting means is already sticky yeah, like the photo albums appeal back the plastic in that that she'd, underneath the sticky uses static electricity. Now it's actually sticking to it, I think, is staring sticky, but they get sticky haven't, looked at a follow up and walk all have the right to go to war.
I don't know the hallmark story, but I cannot do it well we're going anyway, so I know the new criticism so Chuck. Let's talk patents, men yeah this! They had this idea because I am a big fan of shark, dank the tv show and there's not a patent talk, and I was watching the other day, and this is where we have the utility Patten, but not the design, batten
an hour's like I get it with this. The fact that we would all it means and what will get to that in a second but let's start out and will probably do shows on maybe copyright and trademark. At some point, maybe there stood there
mentioning here: the yeah copyright, those are all forms of intellectual, but protecting your intellectual property and copyright is the easiest and most
odd and wide, reaching and longest lasting form, because you can write something and it's yours.
The automatically in the United and it lasts for your lifetime plus seventy years, not that
no and literally once you like Chuck. If you write a short little story, you can write when you finish, you can write
see for the circle around area, Chuck bride, two thousand fourteen- and you have your official copyright, the train like that's it legally. You you're done just work as you created a work of authorship
yep and that's pretty great if your company and you then have a copyright as accompany it. Last time of two hundred and twenty years.
So depending on whether they polish right MA am yes, but that sir eventually does run out and then it can be shared and other people can make money off of it like, for example, all them hp, love, crest stories. The here I could take a bunch of love crests or is there we wrote a type of put them together and publish them and sell those books really yet like a collection, the United
you're gonna permission for their nope, it's in the public domain. At that point, the well known to the world at right, where we re diary Halloween, we have to read something from the public domain. I notice is really expensive to do. Otherwise it is true,
We are a little bit different there, a lot more narrow and what they protect and they protect designs and phrases the businesses use, or maybe trade secrets. I like a formula for a soda elicits, does are different as its own thing you ever this LE trademark. Is it I thought it was suffer from a trademark? Nothing, so so, with those are evil says it's a trademark trade secret or with the trade secret, it's actually a it can be beneficial. The key
thing under wraps as a trade secret is, if you have something you patent you're protected for twenty years in the United States, your patented by part of the patent processes will talk about, is to publish it. You make it in every detail of public, so there
twenty years when eupatrids out anybody can go and look at your patent and recreate it did not give you sent for me as a trade secret as long as no one discovers that these same secret formula for coke by accident or by being this american life and rooting out right in and then yes, so they could see this american life.
Damages, but once it sound the public like this. No longer a trade secret and other people can use it legally, the the
we can do is to take coke and reverse engineer and come up with the former was successfully that way. That's not protected by trade secrets right,
but then I am uncooked diffuse that well though, they were like great good luck. Supposedly they keep it in a bank in of bank vote here in Atlanta thoroughly, like you
and in the last one is a service mark which is like a trademark for a company that provide services rather than products, feel like a year, a plumber, you might have a s M next year on year. Logo right does the different types of intellectual property protection protections afforded in the United States, but the final one and the one we are discussing in that link is the patent
that is a copyright for an invention and U S padlocked defines, as quote any new and useful process, machine, manufacture or composition of matter or any new idea and useful improvement thereof. End quote, and that is what we get into all that, but the wording there is a sufficiently vague and specific because you talking about inventions can be a little bit vague yeah because you don't have it all worked out. Maybe now, because with the copyright, for example, what you wrote down is is protected right. The sentence struck
the paragraphs, you use the wording you used. That's protected the thoughts that it's getting across about the little puppy who got lost income.
Com in everything and it really well acute near the idea of a puppy. Getting lost can't be copyrighted with a patent. It's the rehearse like that.
Invention like the platform shoe with the goldfish tank and he'll that you invented right, yeah, the you can't defend their actual tangible, shoe yeah, but the
dear the design of that you that's what a patent protects. Yeah and you can't steal it gets a little
Ricky with things like writing or like movie ideas. He can't steel. Someone's idea like there could be to movies about loss puppies, but if you could somehow prove
that you met someone at a meeting in pitched in this idea for the last puppy and then six months later they came out of the scope for Olaf's puppy. You might have a case that day. I don't know man
that happens all the time. If you would think about deep, impacting armageddon. Let's go back to that. Well,
well now I know that I say, and you can have two movies there. There was it every day
Calvin Hollywood over it stolen intellectual ideas, but am whether not successful whether you can make your Kate Siena depends on each one is a good point.
So. The first thing, if you wanna patent invention, is that you have to what has to be sufficiently novel what they say. So it can't be
or been published in a publication to grant the patent yeah, because if this that's really key point, if, if the even, if you invented something right- and I must say- you wrote about your platform, few with the Gulf is taken here right
you're right. If you wrote about it and don't file a patent application if it was published yes, yet within a year,
don't file a patent application, but it was published yes here within a year you, you can't file a patent after that
yeah. Why? The first thing you need to do is filed a patent right like no one invent something in rights all about it.
Washington Post for a year and then maybe I should patent exactly so that you as a first step right and threats, and that's that's what makes a novel its new it's a different idea and, like you say that you can be taking
things that already exist for putting together in a new way that people hadn't thought of, or that wasn't what's called obvious. So there
The emerging also has to be non obvious: yeah, that's what most invention
these days are are improvements on things that already exist like there are new inventions, but a lot of it like that. The great example these nineteen seventy seven when Jerome levels and invented or cat patented, the idea of a cam quarter, it was so started the time people. Thank you. Kid recorded video and sound at the same time.
Does that denied yeah. That's too silly get out here, let my friend he said actually now that's kind of a good idea. In its super, easy to do is allowed to do is take the tape recorder to this. Camera is probably
and he was able to get the camcorder patented, of course, and now, if you go the patent office and do some research there, probably thousands of patents that have to do with the camcorder get each individual little peace that someone innovates they can patent rights like night vision on it a light attached to it.
Right exactly, but you couldn't say: I'm gonna Patten Camcorder, this other guys, camcorder, I'd, read but it'll be green, because it's an obvious chain yea,
This article gives the example of like a toaster like you couldn't pat patent a toaster that has,
an extra two slots for bread. Is anybody could think of that exact its? It is obvious that none of this is to bigger toaster and then there is also useful, useful kind of the last of the triumvirate for what makes up a patentable item or invention and like it has to be something that
works. So, like the example given in this article is like you couldn't patent, a random configuration of gear is right, then, do anything right. It doesnt work, it's not useful, but it does gears transported. You knows a new way of transporting something from one place to another more efficiently. Maybe then you could
Annabelle, patentable and then the in the same vein, something that apparently, the patent office interprets something that can be used
strictly for immoral purposes. Yeah! That's the kids!
at nine useful, because at the end of the day, the patent office is supposed to be doing this for the benefit of society. So I guess they feel that they also can morally interpret things as well yeah. What is it
he can't patent like a whiskey still located in your bedroom? No, no! No! No, I wouldn't think you'd be more harmful than there, like. Maybe a doomsday
laser that only works on children living, earn a living and anybody of, but the tints pacer forbad kids is great. Vs Ie, my point patent
There was a great example of yesterday, and then
Similarly, your device has to be able to be too not just work like. Yes, you could say was random configuration of gears, work, mechanic,
and yet it is not useful. In the same way, you can't Patten like a time machine right again. These happily give this. The sir articles, lousy with great example,
yeah like with. We tried actually to get our way back machine patented guises rock. You feel like this, basically to sound design things for wasting your time. We can probably train
I get the, although good people who are made rocky Bullwinkle with sewer yeah, I see what you yourself
the patent in the United States, and I apologise that this is not patents all around the world, but we don't have like eighty hours now became user to each country.
Again, a name any modern, developed country typically has a patent system yet and good advice. If you have something that you think could be used internationally, you need to get patents in all the countries. You fear might rip off right because you're you're patent that you have received in the United States prepared
you in the United States and its not Canada. Not Japan not makes code, not China, not anywhere for twenty years, but these days that selling your patent will last that's right shook
to be seventeen and I care her when they changed it, but it wasn't too terribly long over the last couple decades. I think
gee, I'm more, will cover the types of patent real quick to, because one of those the design patent is only for fourteen years. Unless such changed
design patent, you you're here the short tank all the time
is something like if you designed a new chair like an IKEA chair that would be design patented. You can't go and rip off that chair, oh, but the idea of a cheer self isn't patentable is: does this configuration
of the chair concept. Right or Steve. Madden will design a shoe. I got an steed. Men can put a design patent on that issue, even though its issue you can impact in the soul of a shoe.
Fit some innovative new tread trade or for like attire that channels, water away or something like that, exactly one would think those are design. Patents, though I think that would be a utility patent
design patents are enforced for fourteen years utility batten
that is their five categories, there can be a process, a machine and manufacture a composition of matter or an improvement on an existing idea
and it might find it certain category like more than one but it'll only be patented for one of those categories, but its covered okay, and at last for twenty years
so basically year, like the the coffee maker. That also makes an egg in toasted the same time. There would again a utility patent right, yeah that exist. Yeah, nice Emily said the best achieve ever had. Was it a cafe in Utah,
where they are cooked them, using a like which he used a heat. The milk like that sprays out the steam they were steam, cooked weird here, like to make an especial they'll put the riot like, is if you would make an express, oh and cook, the eggs with its themes. I've never heard of that, and then there's the super weird plant patent and that is granted for any a sexually or sexually reproducible, plant or flower. That is not
and not obvious yeah, that's that's kind of a big one, because there was enough. Juliet is this is the way it is put in the? U S is up in the air for a little bit that there were worried. They, like
naturally occurring? Genetic sequences could be appended to were basically.
I'm company could be like K. We now own your genes and you can
do anything with them. Even to save your life, unless you pay us is in Australia there, one of their federal court said yeah, like new were totally down with that which is crazy here in the United States. I think in two thousand and fourteen the Supreme Court's hidden, there were not doing that
you? You can patent if you can figure out how to manipulate genes yeah to make them do something that doesn't naturally occur. Yeah knock yourself out totally patent like, for example, Monsanto Seeds, that that prevent themselves from receding or creating more seeds, yeah or some new strain of tree. That's hearty against what some kind of insect sure he can satin right, but you can.
Just go out and pattern in oak tree, no or human gene. Now you, Canada, Australia, which
It should not be allowed to do, but in the U s you can't do that now has a big load off. I think a lot of people's minds, including mine, or that's good god. You can sleep that I'm feeling a plant patents are good for twenty years as well. So I don't know I design hatch only fourteen, but you know
Maybe they just want to encourage more. Does, though nobody values, design like they shed. That's the problem.
As far as we mentioned, Jerome levels in and as far as inventors go, he ranks second to Thomas Edison in number of patents in you
history, not necessarily number of inventions, though a lot of people would point out. Yeah he's a pretty.
Commercial guy. Some people see him as a philanthropic genius aren't homer Edison around our second about levels, and here he is he's controversial himself too.
Because he is accused alot of people of creating once called submarine patents, which are basically a patent. You sit on even and eat, knowing that there's some
just like that being developed here and you don't let anyone know- and you just hope it doesn't get their attention-
then later on, when its huge you come out and say: hey, you owe me a ton of money. I have this seventeen year old patent yet know this. This levels in his
we. What you're talking about is a form of patent trolling, that's right and that he does definitely stand accused there, or we can say, is foundation stands accused of that, but Samuel lemonade.
Her was incorrect,
furtively, a genius inventor who, definitely
come up with a lot of really good
it is that we all use right meetings like
came quarter things like bar codes in thy waters and basically the modern world a lot
came out of level since head Jerry level since heard right, but you are right, his foundation
has wrapped up like a billion dollars in licensing seizing core awards near from these kind of these kind of lawsuits investigations until he ran up against one. Where is, I think, a bar code scanning?
a couple of them got put together now and then they they were added under seven others, and the judge in that case found that basically, this
even though there necessarily statue limitations, reed
Nepal statute of limitations and run out right on the time between when bar code scanners came out and the time they filed the lawsuit right and they use the term submarine patents in this article and said times basically run out. These things belong to the world now bright and in a sorry levels and found it you're not gonna. Get this money just think
Is it something pass and ninety ninety five called trips agreement agreement on trade, related aspects of intellectual property rights, and that was supposed to kind of curb submarine patents, but, though, still pop up every now and then I think think Tito reared there had. I think I saw some about that. Another details, though, with a submarine patent, saying, hey everyone with it. Comcast tv
Are we actually invented that whole technology, oh yeah, yeah, I'm not sure how then opened out, though I didn't you to look into any further, but it's interesting. Well, let's keep at it, but
we'll start again right for these messages, hello
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Ok, so check here, you don't talk about Edison, so yeah said Lamb, Jerome levels than was number two with five hundred and fifty seven patents held in the? U S but Edison eclipses that
One thousand ninety three patents
and he had set up a Menlo Park, New Jersey. That was just like the idea factory, basically which
ironically is unrelated to the Menlo Park. Yours patent and trade Office on California airily
the latest, coincidentally name from what I understand interesting, never do that connection
He when he set up the Menlo park. He heard a bunch like really bright. People said, let's come up with one small invention, area
it didn't one major invention every six months, but my name or from exactly and a third. If the your hackles are raised right now, go back and listen to our nickel Tesla episode, which is a good one, as it was a smart guy in many ways, is quite a good. A promoter,
sure like they're, like all these frequently credited with inventing the life of a lot of purists, will point out, like now
invent bobby- took a lot of other innovation.
There were incandescent light related and he figured out how to put them together
to what we understand now is the light bulb. Well, yes, but that's an invention. The idea would in the end he went and got the patent. In now everybody says: Edison Envenom libel, Cosette and I like that, took as you know it. That's. The kind of the whole point of patents is this stuff is available
public to look up, and that was one of the original reasons they made it public is so people can look up other people's ideas and build upon that right. That's one: that's one mark in favour of patent offices
patent system in general is that its way to disseminate scientific information and encourage growth- and now you know
that's right in the red, with away does that is by offering an incentive for investors to invent, because that can be a very long, arduous heartbreaking experience. Inventing
If you're going to do that and go to all the work of research and development and then right when you come up with it, somebody can just come along and mass produce it yeah
you're you're not can have any incentive to invent anything. You're, just gonna go off and like or work on a road crew or somethin instead, because it's probably a lot more satisfying at the end of the day yeah you can't
Go to the government and say hey there. You need to look into this.
They stole my idea that I have patented the government would be like. I don't care what they may care callous, but David,
say that's not our job that you can go and take someone to court. If you want to challenge this, but there is no government agency that, like patrols the patents infringement notes of the patent holder, dare to monitor and police thrown patents which they have begun. So let's talk about the courts a little bit like twenty years ago. If you have held the patent- and you took some went to court for infringing
the court's typically sided with the infringement. There is, I guess, kind of either a thought that
You are stifling
nation, if you're just kind of suing people over patent infringement, or else they just
view patents like they do today. Nowadays, it's going to the other extreme, where the court's ruling favour the patent holder so frequently that a cottage industry of what are known as patent troll sprang up right, whereas you have groups of people. Are companies are individual
just go around either applying for patents that are really abstract and really shouldn't have been approved. The very vaguely written right in their typically
software related to, because I think there there's a sentiment that the? U S patent office, it doesnt fully grasp sir
where, in the internet, nineteen that kind of stuff here, so you either gold in file for and get a patent
something really overly broad and vague. Yet or you buy
a bunch of other people's patents, and you just start for the whole purpose of going to people insane.
Fringing on these patents that I now on me some money, I'm gonna, take you to court. It's a business unto itself. It is. The problem is because the court's move so far in favour of patent holders that people would sell settled out of court
to avoid litigation, and so, as a result, this this whole cottage industry came up
the recently There'S- been some steps taken to kind of reform that a little bit there was something called the innovation ACT area the innovation act passed. The house was sent to the Senate, it was in the Senate, judiciary, committee and then Senator Patrick lay. He killed it and the Tec Community, whose really begin to patent reforms you're accused him of being in the pocket of the pharmaceutical companies. That would never happen in this country, who are really big into
preserving the status quo right and if you really look at what's going on with patent reformed today in this argument shot you ve got. The pharmaceutical companies raises the tech industry, yeah tech industries, like things are moving so fast in their so many ideas coming out there we are like we can focus on patent infringement. It shouldn't be as big a deal because its stifling innovation, yeah, there's people here that are scaring people from you know,
licensing computer software, because this guy says that he has a patent that you could says you can put software.
A cd, ROM, Anne and sell it right that you know that's the kind of potential thing. On the other side, the pharmaceutical companies say: hey man, we make tons of money licensing our patents
and so, if people are afraid of infringing on patents because they can get sued, then are investments are portfolio. Patents are gonna be protected, so this is huge behemoth. Yeah lab
like hammering out right now in in the halls of Congress, and it seems like the Supreme Court in the federal government are citing on the text
yeah, they I'm isn't that great article from Forbes about just the problems with the modern patent system, and I was one of the great points, the camera
read the article that who founded pricing J really here. Yet he said that you know people are so scared.
Companies are these days of infringing on patents, because if you can prove that you knew about this patent than you
in big trouble. So they're, not even looking, which is the original idea of making these things published, is like I said earlier, so people go and look up how someone did something? Maybe I can improve upon.
Right. So people even looking now cause they're afraid that they will beached it'll, be traced back and right now. We know that you saw this is patent pulled three years ago, yet because the penalties for
accidental infringement and wilful infringements are vastly different here, too big problem. Whether the J Walker suggests that you can cut the court's out and maybe make some sort of make it easier
licence things here, so just create some big national extreme
where somebody,
go and easily give them
this money or temporarily licence, whatever they need and he sites some. I think, a forest research study. It suggests ninety five percent of the five point: seven million patents that the? U S is granted to point one active patent,
ok, yeah. Ninety five percent go unused an unlicensed and of those of approximately half a million. Are considered to be high quality patents,
yeah they just a lot of money from university research and they d sit there yet and so protected with the same
The same study found there were like one trip
dollars of revenue is not generated.
Each year in the United States, because it this unused innovation- that's just sitting there in this. This in this big part, you're a big guarded vault with a pot in it of unused ideas here, which definite goes against the spirit of the original idea for sure,
in a year, which means the system is broken broke. The other way they had spoken to is the enormous backlog that's going on at the patent and trade office. I would just getting it reviewed and yet so if
File patent and gonna talk about this in a minute, but if you file a pen shock and they rejected, that is not the end of the story. No, you can't keep
back in back and back and back effect, you usually will get rejected on the first try yet for one reason or another right, but every time you come back, you add the pitiless already big backlog
fourth, and so apparently there's a night. Another study, the arse technical, wrote about or carried out that that found that there is a huge decrease in the backlog
under the Obama administration that? But they suspect that it was because the
to your lowered their standards and issued patents, for
of shoddy patent right just to get people to go away to clear the backlog is the best way to get rid of somebody who keep reviling their pets.
It's just grain of the patent, the amount of your hair while they're saying yes to decrease the backlog, but it like you a lot of shoddy patents which in turn led to the
control, industry here and a lot more a burden on the courts. The Sesar, the stuff out later exactly the problem is the patent office has an incentive to keep lead
people file and vile again, because they make money every time they generate revenue. From that year, cost I mean the actual patent itself will cost you five seven hundred dollars or so the jacket that keep every year and pay little bit. Morn maintenance fees yeah. Well, it depends have you seen the few schedule, yeah there's like thirty or forty different things, you could pay fees for Leah. It all depends on what the detail
That is what you're trying to get through the. I will talk about what you can and can patent. We talk a little bit about it. You cannot patent, something that
His exist in the natural world like a discovery like they give it another great example: Einstein's law relativity. He can't copyright that are patented right. I mean it's it's a thing he he might have named it and figured it out, but it occurred long before Einstein was around just in the solar system. We can. It belongs to the universe, supplying city
yeah good ways in it. You can't Patten like an industrial process like we set computer programs, you can, but it gets a little dicey and you know if you, if you have something that you think might be patentable, patentable patentable, her night, you watching the first that repression is like higher in either an agent or an attorney nature. A patent attorney in a lot of people do- and this is, if you like serious about the stuff, like you really think, you're on a sudden. This is something you do not just saying this idea for a thing you know: what's been thousands and thousands of dollars, unless you really think you got some rights of the first step, you wanna talk about the steps of pending something yeah guess the first up. You can
Who is to do a search yourself? I think Google even has a search function to search patents in the United States easily. But if not, you can definitely go to the European Patent office site in search of some key words, the kind of generally describe what year invention is. Did you see
the bad. If those already something out there, that depended then they're probably is yet is very
to have a truly, truly unique idea last days, but if you have
thing in your like, like the guy who
The thermonuclear fusion reactor in his grabs a sixteen year old right. If you wanted to patent that, there's probably a pretty good likelihood that he could get that patent and then it's gonna be worth a ton of money, so we're gonna take their kid and warn him. Through the patent process, be
it's gonna pay off form in the end, despite the enormous amount of money that he's gonna have to spend up front it just to get the patent protection in the United States rights, he searched the database. Let's say he went to the office in person because that's what can a kid? He is, and he looked through the files and he found you know what I think, Amanda something I don't see anything else in here. That's super like it. If you like its novel and its innovative,
and it's not obvious, and so on, but its there's a lot of money on the line here sung and a higher a patent lawyer who patent agents are attorneys.
They function similarly, but an attorney obviously has a little more power under their belts while they have
nickel degree typically and a large degree yet away under the agent just knows about the patents right have the law degree. They have the technical expertise, because you have to be able to look at the.
Actual invention and understand how it works, or if somebody does, China pass off yeah something dumb,
You're, not a divorce attorney Anna patent attorney. You might be
probably the disparity one out. There
so I'm a patent lawyer will review everything and say yet. I think you're something here with your garage nuclear fusion reactor kid you're you're a heck of an inventor, and I think we can take this right through the roof so who's this guy. He saw you know the kid stays in the picture.
His final huts was the guy the producer, legendary producer right, yeah, Robert Evans. That's you see, this attorney is yeah. Ok, we're getting a snail
without the early filling it out with great skill, although by
honey, I'm sorry, Robert Evans may say you know there is a pattern here, don't waste your time! Yet it's up to you, but like it's really somewhere in these ways or
maybe hey this thing is super similar, but this actual process within your pen, the European for, is super unique. So maybe she just focus on that brightening. You can licences for the person whose already got the patent eggs. I haven't
and then that's the point where the kids are. I want to move forward on the smaller part or the original Patten, and I want to fill out my application. Like anything else, it's the first step is yet to fill that applications in it. In there
with the money with some money they at any rate the pay that right it's for the for the application of the area and then, after at that moment, once you file your application fee, your patent start so that twenty year protection that doesnt kickin when you ve Patten is granted like a kid
Seen from the date you file drew application, so you can go out and put pat impending another more nuclear fusion reactor and start selling at the people that right in your application, you you can have.
Spell it out. For me, you can't just throw
idea there and say you guys: do the research and see if there's anything else out there right. You have the list any kind of potential roadblocks than prior art that may be similar for them to review yet
Yet the briefly summarize your invention, you have to give a description of what they call the preferred embodiment, which means are we going to use this thing,
yeah, like what shape is supposed to take account of the components fit together right
and then your claims, which are this is the most important part in this- is which
you're gonna be arguing about in court. If you have to go that route is your claim, and that is the actual legal description of your invention right and if your claim is very well written a few spring Fer a great lawyer, Robert Evans. Here this this claim is going to be very well written, very concise, very descriptive and so, but also sufficiently they
sure, because when you do take somebody court- and you say this guy- has totally writ me off- here's my pen, here's the description of what my thing done now look at what this guy is doing exactly the same thing that my patent lawyer described.
Years ago, when I found my patent application. So the claim is extremely important. I mean like it's basically is important- is getting the pen itself here, yet totally
how much you gonna pay. That attorney all depends, of course, on how many hours they spend, but they put in this article between five thousand and twenty thousand dollars. Yeah I saw more than that. I'm sure can get up to as much as you know. I'm sure corporations pay these people a lot of,
yeah look. The patent office actually has a sliding scale of them. See few schedules
like if you are a micro entity. I think tat, which is like this, you, probably one guy,
you're an inventor you're gonna pay, the least. If you're a corporation you gonna pay the most and that's for the patent fees, not the attorneys fees right. They all care about those. Nobody
a corporation and you have a lot of like a large patent portfolio and you have an hour in the company, you have a patent attorney. A stable, a patent value is, are working on that anyway, that their own office in your building press offer a
in the two thousand five article I saw a study had found that for a small size business, so probably the middle slot of the schedule fee
it would cost about three hundred and ten thousand dollars to get and maintain patterns in ten industrialized countries. While so I mean like, if you
a thermonuclear fusion reactor here and it works scan. It totally be worth that sure you wanna patent everywhere. You can possibly do that. You because you're going to make a? U you're gonna change the world with their problems. Many sub patents is even create
Well, you know if you are kind of shaky on your idea or you don't think it's gonna end up paying off that might right, then, who knows? Maybe a high fluting patent attorney.
Isn't the radio, but maybe you go the route of like a inventors help group right like there's? Actually one called invent help and some of those some of those things are scams. I looked up invent help,
is to be totally legitimate, getting a minus rating on the better Business Bureau. What do they do east? Have you ever wisely daytime television or like inventors? Do you want to help get your invention and market
they they do every every step of the way like you submit your yes and I think they help you get it patent did such a happy marketed. They may set up a website to sell it
David, I remembered monist Anti beat. Yes, they have a case of their revenue down the street down the line, or they may also required
these along the way right, but some of them are kinder scare me apparently invent health- is not and then
of his career suing companies right our youngest
it means would probably be
yet the levels and found Asian that was established by the inventor Jerome Levels and who spent most of his career suing companies right there were using, is his patented stuff. They, I think it's called levels and founded on that or you have a bunch of programmes to help inventors, especially young, and
this good place to start out thing? I we're gonna finish up on how to finish up the patent process and nothing more critiques.
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we'll go to the post office again right. So this kid is his turned his idea into the past
others like we said earlier it as a pretty good chance of getting rejected on the first pass.
And they will tell you exactly why and then it's up to you
whether or not you wanna, redo it or just bail on it altogether or you know, like I said, redoing resubmitted see how your luck runs right and the reasons for rejection
myriad, like literally thirty thousand different reasons yeah, so it can be something
the patent office saying like we think that this is way too close to another already patented adventure, India, I don't think it's a surly and improvement. It's not useful
these are the very high level reasons they can be rejected. If that happens, then you might wanna, go back to the drawing board, read more prick.
I think it's like. We think the wording in your claim is a little too vague. We dont quite understand description. Can you make these changes to this paragraph? Your
going is missing a label like that the patent is supposed to be flawless, yeah well written the
give you hire penetrating they're, going to hire an artist to do the drawing for that submitted to the patent office yeah like really spot
professional and well done, and so
for any minute technical detail. They can reject it, but then also explain why and then you can just make the change and refine right
if it's something that this kind of the open new interpretation, if you have a patent attorney, your pen attorney can be like village negotiate. This point right and hopefully get the whole thing pass through a wonder if you'd have to go back to the back of the line. If you have a new phone number, you can call, I don't feel like it.
Then that's the key. Isn't it you get that that secret phone number tat, a person who actually picks up for the first time and you can be
please help me here and I think one thing we did mention a few
It gets really dicey if you work for a company and you have an invention as an employee of that company. There have been countless
hanky situations- I remember the one they made the movie about the guy who arm invented the delayed when your wiper
document documentary down on networks, probably is better think
to say I know, let me tell you the guy from as good as it gets the greatly Gregg in your ear,
I didn't see the movie though, but I think that was a case of someone who works were come or worked for a company, or maybe you didn't work for a company. Maybe this presented it to car companies and he thinks I rubbed him off. But if you work for company, you might get
The patent but the company might still on the the product or the process that you invented. Yes, because you did it as their employ under their purview, but used my saga personal patent for it, but maybe you might not benefit like you. What is it as a private person now and basically, if you're an inventor good luck?
getting a contract with a corporation, the United States, where you don't automatically sign over every bit of your destined to that company. Sure or if you are, if you create anything creative, you are probably have a work
higher contract were all of your work here that you write or draw designer compose automatically belongs to the company
so the ironic thing is that you are technically the creator of that worker that invention, but if you
go and republish it. I got your own personal website you're infringing
I'll, be right right that you're you're coming
owns in your company, can sue you to get you to to stop further, do whatever it and that's a big critique of the patent system. To is that there is not one of the patent in trade office can do about it, but just the way the system works right now. Corporations have all the power as far as patents go year. That is such a thing. I mean you here
they're just countless stories from history of so and so invented this. This thing that we all use, but they never
made a penny offer that does they did it for IBM are like the guys who invented Superman. They were paid like a hundred fifty three hundred bucks by DC and am basically
thanks a lot and over the years DC made tens and tens and hundreds of millions of dollars of Superman. These guys like like this, isn't right here
no way after there is enough outcry. They were granted like some some back revenue. They get a cape. Do you remember a Christmas extravaganza from last year, the guy who
post, rude off the Red Nose reindeer earlier this week for Montgomery WAR, is right on hard time and the President Montgomery Ward, granted him the copyright right to root out the Red Nose reindeer vague. That doesn't happen here and that's that's a copyright not of a patent or an invention
it isn't. I see both sides a little bit. You know, I always think the corporations, the ones taking advantage but fewer
IBM in you: have they have given you the resources and paid you money to do this, then that's! You know.
Quit your job and go invent something on your own, then you're in a year, so ass, a kind of sea both sides there, but generally, I think, corporations partly sticking to the man. So speaking,
Corporations, sticking to the man or humanity in general is of the pharmaceutical industry again, so I said that their their very happy with the status quo and one
great criticisms of the patent system. Now, as it is, is you can get a pen, you can buy a patent and just sit on it. May I can buy a patent say from a computer
or from somebody who may be a competitor down the road right and prevent them from making it, even if the things better,
humanity, even if it literally save people's lives, you can you can sit on a pan and apparently drug companies have been known to do that. There is one famous case with it:
We called Amgen and they developed in anemia drug that treated.
An hour and efficiency
really well. The problem is, like the body absorbed, it really quick, so you had to take large doses for your whole life right. Apparently, this
searchers chemist, found a way to make the drug longer lasting, which in
Jones, mind meant well, we can't make as much money off of selling your drugs. So this
It was like. Can I see your parents, and I can figure out a way to to latch this
onto your drug here and save lives and in turn is like. When I can, let you see are our materials are research? You don't wanna make that better man, but so that an that's that
it is a word, is buying a patent sitting on it to keep people from doing it there. But that does happen. Like it's either with a competitive way to navigate the business climate where job,
you work your way around that one very nicely. I got some
here. If you might like a year to five years to get this patent from pending, to approved
and let's say you put in an idea very similar to someone else around the same time happens all the time I that happens. I declare in what we call in her Ference dance off at his office.
And they have to actually have little trial. A little trial like they serve tee in
everything's in many everything small
the trial, where they basically figure out who got there
First yeah, there's a very famous case of Alexander
and Bell and Eliza Gray. Basically,
putting in a battle for the telephone at the same time here, and I guess for a while-
time it was, however, could prove they invented it. First in the United States was the one who got the patent rights and then I just to simplify things in March. Two thousand, thirteen, the? U S changed its patent law so now the first inventor defile is the one who receives the pen right, so even if it, by a minute here who have
Their first is the one who gets the patent. That's why filing that patent right away? Is your best defense like go now stop
Where's pause during it seriously. Fiona mention.
It's got one more thing and that the old, the infamous poor man's patent, reforming copyright for everyone's heard, like I gotta do, is
right it out and mail it to yourself. I think has suggested that on this basis, the show before did you remember-
remember that, but that is just.
I've stale, that's not gonna hold up in court, its basically worthless,
Firstly, why? If like right, when you create the work it out,
clear copyrighted. Why would that like its dating it not make it not just substantiated even more
while not that nothing about writing a book. I'm talking about him. Did this invention and here's a schematic
ok, so it could work for something copyrighted, but not a pen will now I mean if its. If it's just the original work of art you ve created, have like a book than I like. It said it's already copyrighted. Ok, so they don't even
ok so, but if you invented something designed in the mail, this yourself, it's worth of sir I get. Basically you can't put like I will have, can be steamed open, a manipulated like the shotgun holed up in court endured
sure you do. I take it. The coroner go on. I have an extra stamp that I don't know what to do. I that's right.
See again, if you ll stay another. If you want to learn more about patents, effectually surprisingly interesting stuff agreed, you can type that word in the search bar has two votes that camp and, as I said there,
cyclists, Momo. Call this thanks for the panic attack episode enclave is that everything be allowed a great feedback. I think this touched a lot of people because their way
common anything, a guy's love the episode and panic attacks. Have him in college, brought on by normal, I would stress, was the loss of the blood uncle. I would often.
The night standing in the hollow my dorm feeling like it not. I could not breathe
I would be awake enough to think. I'm dying. This need to get the hallways.
When will find me or my body. Sometimes I would just wake up screaming
helped in the reason, I'm writing was some wonderful therapy offered through my universities, health services, along with some anti depressants in the support of my family and friends, I learned
being mechanisms to get me through my anxiety, how to express my stressed. So I
bottling it all up inside and the importance of taking time to rest, my mind and body thought the help us I believe, therapy after a few semesters
was able to recognise that I needed again later in graduate school after the birth and my second year. My much love, but very Implant
I urge all college students graduate in undergrad to really take advantage of their mental health services that are offered to them. For me, ass, a student,
Firstly, its action was only ten bucks and remember that college. All that stuff was so cheap. Like the doktor, you guess he shrank from like five dollars: hamburger accurate.
Like three bucks as such, and really they have any idea. Now
in a way through a resolution either my remit that is doing exactly he's gotta the needle,
and it can also be charged to my births- are account with, even though that is Mercer I didn't have enough. I remember there from college, but I don't remember what it was
The word looks familiar. The health building was on campus obsessions fit right into my schedule, and I cannot stress enough how beneficial it was for me.
Without their be, I would no doubt have not made it through college in graduate school.
No shame in therapy or medication to help you through tough times turns out pretty much. Everyone goes through it to some extent and no one is weak. Forgetting help admitting you need help is what makes you
a person in my opinion and Rosalie Maltby research.
At the University of Oklahoma Department of Biology. I couldn't agree more will thanks LE is it Rosa Lee Rosalie rose.
Thanks a lot rosalie repressive, you writing in spreading. Their message is a good one. Very pretty name as well
If you have a patent, we want to hear from you tell us for your patterns, souls
are not an Italian expanded,
You ve got a great idea that you haven't yet patented in that whatever you wanna do you can treat tourism as well as care package. You can join us on Facebook that complex that we should now. You can send us an evil to stuff. I guess the house of work that come and as always to answer
on the web stuff. You should know that were more on this and thousands of other topics. As a house of work, Stockholm we are living in complicated times, I'm seventy rule, MSNBC Anchor and NBC News correspondent. In my new pod cast modern rules. I'm gonna be spending time unpacking some of the hearings of today's tat. I decided I was with you survived survival price, but equal board. They won't need its american listen and subscribe to my new pod cast modern rules on Apple five test, the iron radio or ever you get your pocket
Transcript generated on 2020-01-14.