Patent Attorney and Founder
[Music]
Everybody JD Hooven are here again you’re managing partner here at bold patents law firm as a patent attorney it’s my pleasure going to share with you the knowledge that I’ve gained in my career here and some of the Nuggets we picked up from other attorneys to the law firm and pass them to you here in the bold today’s show today we’re picking up on step two of the big process of how to patent your idea so yesterday we talked about you know getting the the big sticking point you know among my pet peeves is using the word idea versus invention so the way I’d like to recap reclassified this is actually you know how do I get a patent for my invention so I’ll leave that with the previous session if you missed it hop on our website at bold IP comm you can check that video out but today we’re talking about step two okay step two is should you even try to protect your invention okay Wow interesting well even if you’ve got that invention you’ve got something you think is you know razzle dazzle has your hair standing up should you even try in other words is it eligible does it fit within the statutory guidelines of the patent process there are only four major types of patents out there that are eligible under the utility statute those are machines manufacturers compositions of matter and processes yeah those are four so machines and devices that’s kind of what you think about everyday devices things you can touch and feel these are products ok products that are you know you’ve seen on as seen on TV you know the latest and greatest you know Apple device those are those are manufacturer members are actual products okay so the second is very slow very close that’s called a manufacturer also to be thought of as an assembly so if there are parts that are taking off the shelf or that are used from other parts that have already been created before but they’ve been put together assembled in a unique way to provide a unique function that’s the second category here called manufacturer the third is called the composition of matter and this includes really anything whether it be powders or liquids solids usually falls in the category for biotechnology including pharmaceuticals anything that words work sort of a mixture of atoms and elements that comes together in a composition of matter that’s this third category last but not least is the process patents or methods these are steps these are these are sequential chronological steps that must be performed in that manner to produce a novel and functional output so thought that’s it that is the realm and the sphere of what’s eligible oftentimes and we do have inventors come in with sort of thought about protecting their software software inventions are the most critical to be looked at in terms of eligibility because sometimes they can fall into what’s called abstract idea exception and they’re not pad eligible there’s only a few that are not in patent eligible but it’s important to take a look at your invention to see if it might be at risk of not being eligible and therefore you should make the decision to not do the patent process at all and we can help you with trade secrets and copyrights and trademarks but patents is just not going to be the way to go this is for those inventions that are just doing what we have always done right in human history interact with humans deal transactionally but now you’re just doing it on a computer so that at the very high level that’s if that’s all your invention is it’s not going to be patent eligible you’ve got to go to show that there’s some added functionality there’s added benefit from you being able to perform that on the computer okay you’re using computing power machine learning some sort of artificial intelligence that’s adding giving you additional speed additional reliability or efficiencies that’s exactly what you’ve got to put a show to the examiner in a way that’s a novel non-obvious and has utility so hopefully this is a straightforward enough step two is making sure that you actually on the right track at all should you file should you even try to seek pet protection it’s been my pleasure talking with you here today I’m JD Hooven or your host of the bold today’s show please get with us online at bold patented calm or give us a call at