Share on Facebook
Share on Twitter
Share on LinkedIn
By J.D. Houvener
Patent Attorney and Founder

Has anybody seen this before it’s a water bottle right but did you know that this actually has a active patent enforceable right now maybe maybe not well what about it is patented [Music]

hi everyone and welcome to what is a pat I’m JD Governor I’m the CEO and managing partner at bold Patton’s law firm and it’s a pleasure to be here with you here today I’m excited to talk with you about the major question which is what is a patent and what does it mean to you and helping you the innovator make your dreams true Chase your Visionary concept and make it a reality so in my my fun example about this bottle here and some of you may have guessed that you know it isn’t actually this this outer part right it isn’t even this attachment that’s patented uh what actually is protected under this is this okay this is what’s unique this Jack they call it the Jacks jxx and it’s got a unique shape to it that helps mix all the water or whatever fluid you’ve got in there and any particles in it so next time you’ve got a product that seems kind of cool fascinating take a look on the actual container on the product you’ll be surprised someone went after their dreams and they sought pet protection the first thing I want to go through is what I’m going to talk about I know that you’re probably looking at the length of this video and thinking gosh this is a long one so if you want to jump through which I urge you to stick with me or please if you want to jump through and go look at our table of contents we’ve got that listed right below today I’m going to talk about patent history okay I won’t take you all the way back and take too long but I want to go back and talk about what that’s going to mean next we’re going to talk about what is the quid pro quo what’s the exchange between you the inventor and the US government next we’re going to talk about the sword versus shield now I got a great story for you there eligibility patentability what are the different types of patents that are out there and available we’re going to look about how do you make money because in the end that’s what you’re really interested in looking at and then finally how do you enforce your rights once you get those value patent rice granted in your name so let’s dive in I want to talk about the history of patent law with you take it way back to the Constitution this is you know the old days right when the when the formation the founding fathers wanted to put in the Declaration and in the Constitution how important it is so that we all become smarter every day right how do we have a country that we’re going to form that is going to be instilling and inspiring inventors and helping to get information out to the massive as quickly as possible so uh they devised this Theory uh that if we give inventors 20 years right as a reward 20 years of a monopoly in that specific product whatever they’ve invented or discovered we’re going to be able to get more information out to the public and that’s exactly what happens so in this quid pro quo right the second part of this discussion here today about what is a patent is the US government gives 20 years of Monopoly that they say we’re going to defend you and help you be the only one in the whole country that’s able to make views or sell your invention in the country only one for 20 years if you tell us about your secret right you tell us about how to make your invention so that we all become smart that’s the exchange so uh it goes way back to you know the 1700s and this has been around for 300 years and in large part is why the US is the leading country when it comes to Innovation and so one of the biggest things to take away if you’re an innovator if you’re you know in this world on the creation side is it you’ve got to know that it’s okay in fact it’s actually necessary to stand on the shoulders of those that came before you that’s the whole essence of padlock and it’s the reason why it became law is so we we all become smarter that you learn from the innovations that others that have produced before you and when you submit a patent application as we’ll talk about in another video if you’re actually required to indicate what references what patents what non-pat literature that you knew about related to your invention that helped you get to where you’re at today all right so next I want to talk about what the sword and shield is all about and it comes from a story actually a client a couple years back came to me with a new solar device and without getting into particular is it it actually caused a very efficient way to cook you know use it for a little kitchen and so in essence the inventor was at first coming to me and saying look daddy I want to I want to get this patent because I want to go go after all these people that are taking my invention that are that are that are doing uh harm uh in the Solar world they’re they’re messing it up they’re causing too much friction they’re not going to get this invention not to the masses and they were thinking of their patent more like a sore versus shield and so I want to walk you through kind of the process of what the difference is and and how I explain this to my inventor at the time is what patents do is they actually provide you a shield right that provides you this ability to prevent anyone else from making using selling or even importing that product into the us so you create this sort of bubble around around you in the marketplace okay that’s sort of the analogy is a shield in the marketplace and depending on how valuable your invention is is how big your Shield is okay and so that space created between you and The Shield is what you’re really being afforded by with your patent rights and so if you were the first one for example to come up with a a mobile cellular device you know way back in the 80s uh with the backpacks and everything and so with the more valuable pads groundbreaking pads that are out there they get to protect a lot of area and so they get to enjoy a large share of the market for a long time time and what the government does by granting you a patent is it it helps you it helps you far out and keep those people from getting into that market you’re able to enforce your rights by by saying no no no you’re treading into my land now you’re actually reading on the claims by you using your Shield you’ve simply pushed them out to that boundary where you have rights are so it really isn’t a way to proactively go after people and and make money it’s a way to defend and so the other major point there is that you’re not going to get money money is not going to flow to your door simply by having a pet right it’s the ability to prevent anyone else so meaning you’ve got to go get it sure you’ve got this nice space that’s you you’ve created with this market share but that’s that’s your opportunity now you’ve got to go make the product sell it and make money on it okay so that’s on you to make happen it’s a patent eligibility is about the core right so what does it mean to actually be able to enter the game at all to play the big patent game well you’ve got to have something that is a machine a process composition of matter or it’s got to have an assembly of parts that already exist in the world but are being put together in a unique way that’s it things that are laws of nature equations merely human activity such as talking or transferring Goods or exchanging funds are not eligible all right and so for a much deeper look at this I’ve written a Long blog long form meaning I’ve gotten into the details given examples even done little short videos specifically on this so please visit our website at bold take a look at that eligibility rules under our blog all right next is patentability so this is all about what is a patent what does it mean to even get a patent well you’ve got to not only be eligible but has to be patentable to be patentable you have to show your novel non-obvious and have utility okay novel just means new but don’t stop there it’s got to be new in the whole world so the patent examiners are going to be looking at your invention when you submit it and it’s their job to find any other prior art any other patent has been filed before or anything ever published in media that could include social media you name it search engines newspapers and academic journals so those are all places that you need to go look and see if your invention is indeed new non-obvious means that there’s a person out there in your industry what information would they know and even if it hasn’t been done before maybe it’s just an obvious variant of something already done before and last but not least is utility and we’re going to talk about this in other videos too but I want to lay this out it has to have some beneficial some functional benefit right and that’s able to get the patent granted the system doesn’t want to just create fanciful or arbitrary inventions you’ve got to show that there’s some reason to want to protect it all right so I want to lay out the different patent types for you this is a major part of figuring out what in the world a patent even is there are three major types there’s utility design and plant pads very briefly a Utility Patent application is just what it sounds like it gives utility and benefits the functional aspects of your invention it protects what it does design patterns on the other hand protect what something looks like and just what it looks like just the ornamental appearance of your invention the next one is plant types and that protects organic plants that come out of the ground so new novel shapes different colors different varieties flavors you name it that’s plant pads all right so the next major thing to understand about patents here is the monetization okay don’t forget about that money right and so when patents are granted they now of course bestow those rights on the user and so you now have the right to exclude anyone from making using cellular importing that product in 50 the country so there’s lots of different ways to make money the first of which of course is to use that space that you’ve created by your patent shield and go capture that market that you’re the only one able to do it no competitors right that’s unbelievable I mean there’s there’s areas of the law that you know for you know illegal reasons white-collar crimes are committed when there’s monopolies but this is a federally regulated Monopoly so the government says yes you’ve given us this amazing information you’ve helped us all become smarter Go Get It Go cap strip there’s still a lot of doing in that and it’s a lot easier to say go capture it than it is to do it so you’ve got to get after it and and what that means is make your product Market it find out who you’re going to be selling to and produce it into the marketplace uh the second Major Avenue is to say you know what um I don’t have the energy or the funds to go make it happen but this other company does okay and they’re they’re selling a similar product you know they’re outside of my shield but they would love to be able to offer what I have and so you simply license or sell your patent to that other entity and they can go off and bring it to Market and you get a royalty or a lump sum payment last but not least another way to monetize your patent rights is of course to use that Shield to push people back and folks that have been in your space for a while and they have sold your product you have been damaged and so depending on how much infringement there’s been in order to bring them back into your full scope of your Shield space you realize that you really have the way to enforce your rights and now you need to move into either the federal court or patent trial appeal board to to enforce your rights in court now the last thing that parties wanted to end up doing is paying attorneys fees and so usually these cases settle you can definitely use the council and should use the Council of a patent attorney when getting ready to prepare to make those settlements in order to gauge how much value this has really worth so when it comes time for that give us a call so if you’re enjoying this information and you feel like this is beneficial to you or maybe someone that you know someone just starting the patent process please give us a like or thumbs up on this video and share it with that Community also on our website is the book I wrote just a year and a half ago called bold ideas the inventor’s guide to patents this book has got the secrets that you need to get started it’s a short quick read but it’s got really powerful facts it’s got everything packed in this book in my first 10 years of practice and working with clients they come up with questions and they feel I feel them over and over again I said you know these questions keep coming up too often I’m going to put them all inside this book and give it away for free so your copies of available today at bold you can click our website it’s just two clicks away all right well thank you for joining me for what is a patents and how to move forward right you’ve taken that first step the first bold step if I will in making sure your invention is protected you’ve got to get a hold of a professional so hop on our website at get your free consultation scheduled today and get started for real it’s been my pleasure talking with you here about what is a patent and getting this really kind of entry-level foundational information to you about getting started in the pad process if you’re already kind of further down the road and you want to make that bold decision to book a consultation with one of our advisors I recommend it and in fact we’re giving it away for free you can go to our website at bold browse a little bit but don’t forget to schedule your consultation if you’re not quite ready I encourage you to please go check out our other videos we’ve got them published on YouTube and hold Today’s Show as well as and I’m JD huvener your president and CEO at bold Patton’s Law Firm it’s my pleasure to talk to you here today go big go bold

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at