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How to Patent an Idea

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Rolf Claessen

Rolf Claessen

Күн бұрын

How to patent an idea - www.rolfclaess... - Subscribe www.youtube.co...
Keywords: how to patent an idea in usa Patent Attorney Intellectual Property Howto how to patent an idea patent an idea idea invention help inventright Patent Patents patent an idea online patent an idea for free patent an idea cost patent an idea for an app how to patent an idea for an app how to patent an idea for free how to patent an idea for a product how to patent an idea or invention how to get a patent for an idea how to patent an idea yourself
In this video I explain how to patent an idea. I show you exactly what I think would be the best practice to protect your idea with a patent.
When you think you had a great idea and have made and invention, first maybe try to do a good search in Google and see, if anyone else has come up with the same idea. Once you find out that you have found something new, do not talk to other people about your idea, because a patent needs to be new and anything made available to the public even just talking can be novelty destroying.
The US patent law provides an exception to this rule: if the inventor discloses the invention to the public within the 12 months before the filing date of the patent application, then it will not be considered novelty destroying. However, please note that the same disclosure by the inventor will be seen as novelty destroying in most other countries. So better try to enter into a secrecy agreement or non-disclosure agreement with anyone you need to talk with before filing the patent application. One exception is the patent attorney. Your patent attorney is bound by the law to keep everything a secret you tell him, except you allow him to disclose that information.
I strongly suggest that you seek advice from a patent attorney. Drafting a patent application is a quite difficult task and your patent attorney will know all the relevant caselaw that may need to be taken into account. Once you have the feeling that your patent attorney really has a deep understanding of your invention, then he should conduct a prior art search to find publications disclosing very similar concepts to your invention.
In a next step, you and your patent attorney should identify as many differences to the other prior art documents that you can find. For each difference you should also identify an advantage that is associated with this difference. Having this list of differences and connected advantages together with the deep understanding of your invention, the patent attorney should have everything to draft a really good patent application. You need to be really critical with your patent attorney, because you cannot add anything to the description after you have filed the patent application.
Once your patent attorney has filed the patent application for you, the examiner will start his own search for prior art and will probably ask you to limit the filed patent claims. In most cases, this discussion with the examiner will lead to a granted patent.
I hope I was able to show you, how to patent an idea. If you are new to my channel and want to learn more about patents, trademarks and designs, please subscribe to my channel. If you liked the video, give me a thumbs up and hit the like button. I will answer all questions and comments below this video. And don’t forget: protect your intellectual property and go make it count!
Stichworte: Rolf Claessen, Patentanwalt, Michalski · Hüttermann & Partner, Patent Attorney, how to patent an idea
About Rolf Claessen
Rolf is a patent attorney in Germany. He is managing more than 1500 patents, trademarks and designs for mostly domestic medium sized clients in Germany and some international clients in many technical fields.
Want to work with me?
Head over to rolfclaessen.com
My contact details are
Dr. Rolf Claessen
Michalski · Hüttermann & Partner Patentanwälte mbB
Speditionstraße 21
D-40221 Düsseldorf
Tel. +49 211 159 249 0
Fax +49 211 159 249 20
Email claessen@mhpatent.de
mhpatent.net
Legalese and Disclaimer
You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.

Пікірлер: 258
@BallyBoy95
@BallyBoy95 6 ай бұрын
3:00 - The 10-20 differences for the closest designs in the Prior Art search is ingenius! Much appreciated.
@tseyawni
@tseyawni 6 жыл бұрын
Hi, You said at first to go to Google and search if any one have your Idea``` By doing that search you just put your Idea to public or to those who hunt in Google and the net ,,, so what is the use of it, Secondly , My question to you is how to protect my Idea and make sure that no one else can do like me as soon I start ? and as there is nothing like my Idea is existed any where.
@porchaunderwood5739
@porchaunderwood5739 4 жыл бұрын
Abe That’s what im afraid of
@jaskaran9638
@jaskaran9638 4 жыл бұрын
don't be afraid, u can use google search it is safe because it is artificial inteligence.
@josiahdaniel7654
@josiahdaniel7654 4 жыл бұрын
if you cant show any evidence of the invention aside from concept designs, and descriptions, would that disqualify you from getting a patent?
@jaskaran9638
@jaskaran9638 4 жыл бұрын
@@josiahdaniel7654 no bro, you can still get your invention patented.
@juneashley4147
@juneashley4147 4 жыл бұрын
Go to the us patrnt and trademark office website its all there bro
@sirlenzomccloud3356
@sirlenzomccloud3356 3 жыл бұрын
Great video
@hoseinmalihi974
@hoseinmalihi974 6 жыл бұрын
Tks for your fast reply. He has accepted the idea is new & applicable but he says that the patent should include all calculations of design & result of software tests ie by CATIA or eq. SW. While such design for heavy duty crane, needs to employ big team of experts. My patent included clear concept & drawing & claim but same as several other claims has not included design calculations
@detailedgaming6039
@detailedgaming6039 3 жыл бұрын
This was exactly what I needed. One question what if you know what your invention is and what it does. However you lack the Technical knowledge to create a functioning prototype or accurately explain how it would work/function? Thank you for this video.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
Do your best attempt using cardboard, foam, wood, any materials around the house. It absolutely can be that crude. If nothing else, this will help you visualize the concept and help you do a better job drawing it on paper that you can then add to your "Sell sheet". If it's electronic or something highly technical, then explaining what you need it to do in as few words as possible on this sell sheet is the goal. Let the technical person you hire or partner with figure out how to make that vision happen. If you can't explain it, you won't be able to find help to build it.
@detailedgaming6039
@detailedgaming6039 3 жыл бұрын
@@EVATVDirectThat actually helped thank you.
@MaxXHavokK
@MaxXHavokK 3 жыл бұрын
And yes I invented the shake weight..I used to play drums and lift weights and realised my lead arm was building faster....the repetitive quick motion of hitting a high hat was forming my right arm after I lifted weights...my proof..I was under a car with my mechanic cousin and saw the boot over the ball joint..I knew metal would never hold up..that was the eureka moment..I made the mistake of speaking in public about it...yea itts a jerk off weight..but I stand by it even if I didnt get rich from it..itll work
@h7opolo
@h7opolo 3 жыл бұрын
i would argue that your first suggestion sabotages your second suggestion since Google does not protect privacy, therefore, any searches are essentially publicly announcing your ideas.
@RDayal-qr6ip
@RDayal-qr6ip 3 жыл бұрын
Patents are infact ideas before they are used or implemented. It can be on improving products and processes. A patent search ought to be from the Register . Will searching on google not make it accessible.,
@fytubevw
@fytubevw 2 жыл бұрын
Awesome! Thanks!
@patentanwalt
@patentanwalt 2 жыл бұрын
You bet!
@francesalvarez9859
@francesalvarez9859 3 жыл бұрын
How can I be sure that if I hire a "patent attorney" they won't take my idea and file it for themselves? Is there some written certainty between clients and attorney to it?
@spicy1ize
@spicy1ize 3 жыл бұрын
I thought about the Same thing...It Scary to Trust someone with your Idea, Especially an Attorney.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
That generally doesn't happen. If a licensed attorney does that, they get disbarred, and it can ruin their life. That is a very big deal in that industry. Patent attorney's also generally aren't interested in the business of products personally. It is a completely different skill set and interest. If I can offer any advice though, never hire an attorney that focuses on individual inventors. They are ambulance chaser more times than not. You want an attorney that mostly patents corporate patents. They are going to tell you what you need to hear vs tell you what you want to hear. Another rule of thumb for those that worry too much about telling others about their idea in fear of them steeling it. If that is you, don't bother, find a different career. You don't have it in you to go from idea to actually making money from your idea and all the steps between.
@shobhanpaul2821
@shobhanpaul2821 4 жыл бұрын
Good job
@mohamedjakoul3840
@mohamedjakoul3840 Жыл бұрын
شكرا جزيلا تحياتي لك
@Tracon9er
@Tracon9er 5 жыл бұрын
Can Google steal my idea if I search it?
@thomasalexander1851
@thomasalexander1851 5 жыл бұрын
Yes. Because you use their invention which is a search engine. You have no control over their invention but they have over yours.
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
No, they cannot. a simple google entry will never be enough to file a patent with all its details required. I filed three and e.g Google did not have the drawings, the functionality etc.
@mirandamiller2930
@mirandamiller2930 4 жыл бұрын
@@AskMeStartUp Yes, they can. I worked for patent attorneys who did patents for Google. You s e r i o u s l y underestimate them.
@libertyforamericanow
@libertyforamericanow 3 жыл бұрын
Yes. I still believe the flat bottom taco was stolen from my brother in the late 90s. We were making tacos and he said they should make them with a flat bottom to stand up. I thought I was a great idea. Just need to change the molds. I search for flat bottom taco shells, stand and stuff taco shells ect. Next thing I knew they were on the shelf.
@HamguyBacon
@HamguyBacon 3 жыл бұрын
@@AskMeStartUp BS
@MustafaKalafat
@MustafaKalafat 3 жыл бұрын
Many people go to public notary to document their ideas before patent application. This is the most obvious self-novelty-destruction. Similarly and unfortunatelty for themselves, some researchers first publish their research and then apply for patent.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
I might be wrong, but I don't think a notary public is considered publishing to be considered starting the clock. A notary is generally used for the signature process, not examining the nuts and bolts of the document they are notarizing. I don't know if you are in the US or not, but here we have a year from first publish. It's different than in other countries. Perhaps after a provisional, ideas are published to garner and gauge interest. It is an important step in confirming marketability.
@MaxXHavokK
@MaxXHavokK 3 жыл бұрын
Wish I had known this before I mentioned the shake weight out loud....but now I have an idea that could save people in the city..and help us all get off grid. How do I make it mine
@arrowstheorem1881
@arrowstheorem1881 4 жыл бұрын
Hi, there seems to be a lack of or no video teaching about the patenting of a Process. Specifically, I am interested in processes excluding programming. I am not sure what are all the processes that are considered as patentable Pocesses
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
just uploaded y new video that could answer a lot of your questions kzfaq.info/get/bejne/hKuWh9Vyr6vQl4k.html
@2010mustangmr
@2010mustangmr 4 жыл бұрын
What happens after you patent an idea or invention? What is the next step? TIA
@priorityemails319
@priorityemails319 6 жыл бұрын
Rolf Claessen, I reside in the United States, and I have an idea that has never been done before with computers. Is it true that an idea cannot be patented? The problem is that I am not technologically able to invent my idea. However, how do I find someone who could produce my idea for me?
@patentanwalt
@patentanwalt 5 жыл бұрын
Well, typically an idea can be patented as long as the core of the idea is of technical nature. A prototype is not neccessary to draft the patent (but very helpful).
@zenoxwolf
@zenoxwolf 3 жыл бұрын
@@patentanwalt what do you mean by technical nature? I have an idea I feel that needs to be patented. It’s not technology or anything, but just a simple art concept. Is that possible?
@haseebmalik5952
@haseebmalik5952 6 жыл бұрын
Well, I have 8 patent applications planned all related to my two legged robots and one self-driving motorbike design. I intend to file them by the end of 2018 or by mid-2019 or a bit late if more work is needed (just started working on systems level simulations). All of my patents are very complex. They involve electo-mechanical designs with very abstract mathematical algorithms along with integrated artificial intelligence and machine visions etc. So I am still working on what to put into each patent application and in what form and order (its gonna be an year long process at least). I have spoken to 2 patent attorneys so far. My problem is this. I intend to move to Ukraine or Poland to build, test and improve the actual prototypes (its cheaper there). I might have to change the designs as prototyping will likely lead to new insights. One attorney told me one thing and the other told me the opposite. Basically the first one said, don’t file the patents until you have a working prototype since each time changing a design may mean paying for a new patent. I can’t built or test in a foreign country without others seeing and getting involved in my work (I would need them). So the other attorney told me file your patents first and then build your robot(s). Building, testing, and system integration can easily take more than a year (provisional patent is not much help therefore). I am especially worried about this “novelty destroying” element . Say for example If I am testing a mechanical prototype and some people witness it (with whom I have no secrecy agreement or for some reason they won’t agree to it but I still need them to get involved) does that mean “novelty is destroyed” (that is its not a novel design anymore)? That is so silly and harsh. Is it that easy (i.e. some random people witness your prototype without understanding the complexity of it) to have your invention declared as “no longer novel”?
@haseebmalik5952
@haseebmalik5952 6 жыл бұрын
Thank you so much Rolf. You cleared up lots of things.
@khalidnasir.alientechenerg6819
@khalidnasir.alientechenerg6819 4 жыл бұрын
be careful.there are cheaters all over
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
file the patent, I have done the same for my inventions. You always want the earliest priority date possible. Updates and upgrades can be adapted to your first patent later while filing for PCT. If not you can file a second patent and the combination of both will provide you with better coverage. PLz feel free to contact me if you need further insight
@JRDavis-he1jk
@JRDavis-he1jk 6 жыл бұрын
Once you search you have already put your idea out there?? I know because i have had two ideas already stolen that now is selling in stores, what do you do?
@sunnymoore8823
@sunnymoore8823 6 жыл бұрын
Jamey Ray Davis yes document everything in a composition book do not tear out any pages. Also document how you came across the idea document any pictures or drawings in your composition book and date your document info and have someone other than a family member sign as a witness. Then if someone steals your idea you can use your composition book as documented proof in a court of law that you are the inventor of your invention. If the party that stole your invention did not invent or use the invention or did not have it documented before the time you documented it. Then you can sue them for rights and compensation. Also write sign and date everything in Black Ink
@Wuzzzzup87
@Wuzzzzup87 5 жыл бұрын
What inventions if you don't mind me asking?
@EVATVDirect
@EVATVDirect 3 жыл бұрын
@@sunnymoore8823 This isn't true anymore. We are now a first to patent country. Never a bad idea to document like that, but it won't really do you any good in court. As far as doing doing searches being considered putting it out there. No. Putting it out there puts it out there. I guarantee you they did not steal your idea. Someone else just had a similar idea.
@HonestArttsEntertain
@HonestArttsEntertain 6 жыл бұрын
Can Patten attorneys take your idea?
@patentanwalt
@patentanwalt 5 жыл бұрын
In theory, yes. However, they will lose their licence to practice. Also, they can he sued n court. So this does not happen really.
@lenardbrown390
@lenardbrown390 5 жыл бұрын
There was a guy on youtube the claimed that his patent attorney stole his idea, and went into business with two other men.
@jaymieweather7161
@jaymieweather7161 4 жыл бұрын
@@lenardbrown390 i think the way around this is to make the attorney sign an agreement, to be on a safe side.
@TempoDrift1480
@TempoDrift1480 4 жыл бұрын
Not if they know you carry and youre capable of putting a hole in their head the size of a beach ball... Could you repeat the question?
@ale05cg
@ale05cg 4 жыл бұрын
HonestArtts Ent. LLC That was the first question that came to my mind too.😃
@satnamsingh6944
@satnamsingh6944 6 жыл бұрын
Hey Rolf, thanks for explaining everything. I have a question about my plan. What if few very big competitors are already in market with billions of dollars in their pocket, but if someone comes with a better idea and plan, by better plan I mean more that 10 20 difference can easily come out. So what shall I do to protect my idea from getting stolen, because to succeed with my plan I need to reach internationally almost all over the world. It's an online store maybe better than Alibaba, Amazon, eBay combined revenues. And is that disclosing competitors name in Public is prohibited from filing a patent? Thanks for answering all of our questions from comments.
@diogoramiro3987
@diogoramiro3987 3 жыл бұрын
I would like to patent an ideia but it already exists worldwide. And I want to be the only one using that ideia in this island, because if I do it than other people will do it and profit margins will drop more than 70%. What can I do.
@rubens.4116
@rubens.4116 4 жыл бұрын
Does the patent process really take a year to be approved after completion of the documentation? As well as all an invention really need is just one slight difference that "improves" a prior invention? Or would the patent only protect the one part that makes an existing invention better?
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
The process actually takes much longer than a year. The first 18 month your application is invisible to the public and will be checked by the authorities for patent offices. You can patent any improvements or innovation on a specific invention. This actually has been used quite frequently. However the real protection is very narrow then hence. You need to understand if it’s worth it or not. kzfaq.info/get/bejne/hKuWh9Vyr6vQl4k.html
@Digdeep77
@Digdeep77 6 жыл бұрын
Great info thanks for sharing! Is there a such thing as a patent for an online idea? Can you recommend any patent attorneys?
@Digdeep77
@Digdeep77 6 жыл бұрын
Nice to see your reply. I'm in the US
@Digdeep77
@Digdeep77 6 жыл бұрын
Rolf Claessen Great advice & thanks for the recommendations.
@trickydicky2594
@trickydicky2594 5 жыл бұрын
I think I have a great idea that I'm pretty sure nobody has done before but I have no way to prove it or make a model for it besides a concept. How would I be able to execute it or get someone to do it for me?
@vareeshpratap2952
@vareeshpratap2952 7 жыл бұрын
Can you please guide us more on method/process patent application
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
just published a video on this: PLease feel free to watch it
@semi5alpha
@semi5alpha 4 жыл бұрын
Does it have to be a tool or instrument? What about a process of payment, process of delivering materials?
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
processes can be patented
@ToyotaGuy1971
@ToyotaGuy1971 6 жыл бұрын
Is a person required to prove that their invention actually does what they say it will do, before they can get a patent? Thanks
@gonzooznog8986
@gonzooznog8986 6 жыл бұрын
ToyotaGuy1971 :yes it is Defined As Constructive Reduction To Practice & Actual Reduction To Practice- Utility clauses I.e "Paten it Yourself" by David Pressman manual
@ClaudetteFort
@ClaudetteFort 5 жыл бұрын
Is there a National Patent? And how much is a U.S. Patent?
@patentanwalt
@patentanwalt 5 жыл бұрын
Yes, there is a national US patent. The cost always depends on the attorney and the complexity of the invention. I would say 7000 USD would not be an unreasoable amount for drafting a US patent application.
@nicolashrv
@nicolashrv 6 жыл бұрын
How much time does it take for a patent go from presented to granted? Is it mandatory to have an interview with the examiner, or you have to request it via a fee? Danke!
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
from expericne I can say that it takes anywhere from 3-7 years to get a patent granted. There is no personal interview involved but search reports that have to be counter-argued
@MAJIDMAJIDMAJID
@MAJIDMAJIDMAJID 6 жыл бұрын
Thank you
@anthonyrymer4391
@anthonyrymer4391 6 жыл бұрын
Hey Rolf cool video but I got a hypothetical question about patenting. Google has a branch that is working on anti-aging formula/drug. What if I some how create my own company to compete with Google on this endeavor and I am successful and create the worlds first anti-aging drug to be able to make you live forever young. How do I go about patenting that without getting my idea stolen or Google saying they did it first and filing the patent before me? I hear the patent law has changed and its first to file get's the patent first. Also can you make a patent last forever? And obviously you can't use a consultant or attorney to patent this idea since something this big is worth trillions and they'll likely steal it. Anyways I like to hear your take on this if you have the time. Thanks for the video.
@anthonyrymer4391
@anthonyrymer4391 6 жыл бұрын
Damn still sounds sketchy though trying to prove the invention was stolen. Ok but can you answer my other question, how long do patents last? Also do you need to keep refreshing patents or can you make one last permanently?
@Wuzzzzup87
@Wuzzzzup87 5 жыл бұрын
At first I considered reaching out to Freischem, but after going through the comments I see he delted his reply from your comment/question... Sketchy indeed...
@jay-rock6627
@jay-rock6627 6 жыл бұрын
Say if I want too patent a website design too start my own business do I get the website designer to make my website first. Or should I get a patent attorney & detail out my business structural & patented it first because I heard you can't patent a idea 💡 unless you already have the business started first so I what do I do first?
@jay-rock6627
@jay-rock6627 6 жыл бұрын
Rolf Claessen OK thank you so much I really appreciate this.
@whyqu.i.t
@whyqu.i.t 3 жыл бұрын
Thank you for your insight
@moonknight87
@moonknight87 2 жыл бұрын
How can I ensure my attorney won’t run off with my idea and have someone else apply for it?
@laverdad6120
@laverdad6120 6 жыл бұрын
My problem is finding a company To marquet my products Who to talk to?
@feroxlara21
@feroxlara21 3 жыл бұрын
Thank you, my friend.
@MaxXHavokK
@MaxXHavokK 3 жыл бұрын
I have a new idea..but it involves tech from multiple fields and I'm not even sure I can patent it...it needs to be done tho. Seeking advice
@mazurylakespolandcottagere1945
@mazurylakespolandcottagere1945 3 жыл бұрын
Hiya Mr Claessen, I have a question about prior Art. Let's suppose that I invented a fishing rod that stood up on its own, and was thought of only by a small percentage of fishermen. However, because the rod makers never went fishing so they had no idea that this relatively simple improvement could be done and no patent existed. If some of the small group of fishy inventors had written a patent and instead of filing it had done something else like registered posting it or had witnesses, etc. Would they be able to also make said rods? Would I be able to stop them? Could I just ignore them and not be forced by them to go to court?
@YAHJA1998
@YAHJA1998 6 жыл бұрын
If the invention is a product intended for different types of end costumers, and in order to suit them best it should be produced in different models, each model includes more or less features(or different type of components) than the other depending on the the targeted costumer's need, is it required to file as many patent applications as the models in a line of the same product ?
@EVATVDirect
@EVATVDirect 3 жыл бұрын
Not necessarily. What you actually get patented is the claims within the patent. And those are generally utilitarian, and could possibly be the same from version to version even though the exact design is different. It's possible anyway, though can't say for sure with your specific use. Otherwise if there is a single feature that you invention can't live without regardless of the configuration, it might be best to patent just that feature. The reason is if you have too many claims, it gets easier and easier to design around the patent, rendering your patent more or less useless.
@lexi9863
@lexi9863 4 жыл бұрын
Thank you for the video! I have a question please. I was looking into how to patent an idea but a lot of the results I am finding state that you cannot patent an idea but you can patent an invention. However, in your video you go on to refer to the process as "patenting an idea" but you also reference to words such as "When you patent your invention, etc." So, I'm confused on the context of this video about patenting an idea in general. Can you patent an idea? Or do you need to have the idea presented as a manifested invention? I would sincerely appreciate clarification. : )
@EVATVDirect
@EVATVDirect 3 жыл бұрын
The term "Idea" can mean many different things. What they mean is you can't patent a thought in your head. You can patent the specific workings and utility application of an idea even if it's all still in your head (Though it does have to manifest into an invention on the patent application). When they say you can patent an idea, they mean that you can patent something even if you have never actually built it. A horrible strategic idea generally, but you can do it.
@kojanbarzan946
@kojanbarzan946 6 жыл бұрын
Hi, I have an idea to improve the quality of a specific car part, the part already exists and my idea is just to improve it. Generally, how much you will be paid for this type of ideas which is not inventing a new part it is just a good improvement? And how much it will cost me to get a patent from Germany? Thank you.
@Mdambrosio93
@Mdambrosio93 5 жыл бұрын
not sure about the details of your item, but if it is to promote logevity, it may not be marketable, as vechiles are designed with "planned obsolescence" in mind. In many cases, there is an expected life of a part that is is only designed to endure for, this is done for many reasons, one being supporting the service departments in the form of repairs and routine maintenance.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
@@Mdambrosio93 For the most part, this isn't actually for a nefarious reason, though it may seam so from the outside. In complex design, the perfect design is that in which absolutely every component fails at the exact same time. Any component that can last twice as long as the rest is over built. Meaning it costs more than it needs to cost. Reducing the quality (Or more accurately life expectancy) of that part is a strategy to keep costs under control and reduce the cost to the end user. This is usually applied more on an assembly level vs the whole product, and always exceptions. But for the most part, brands aren't purposefully making crappy products so that you have to replace it, you are more likely to replace a crappy product with a product from a different brand. They are trying instead to hit a price point to be able to sell a higher volume.
@hakkanikanal
@hakkanikanal 3 жыл бұрын
good job!
@earth2.022
@earth2.022 5 жыл бұрын
that was my mistake when i told people i know about a device with lithium ion batterys which can charge your phone for with it will have a usb port to connect the cable of your device but now its known as POWERBANK i wanted it to be called secondbattery pack or SBP
@socorropatino215
@socorropatino215 4 жыл бұрын
What should I do first, do the patenting before starting making the app?
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
software cannot be patented with few exceptions
@he8535
@he8535 4 жыл бұрын
Hay how can I check if a specific design of a similar invention is patented and is there an official us website for patents
@morningcoffeepottery5416
@morningcoffeepottery5416 4 жыл бұрын
uspto.gov
@chimpspecialist
@chimpspecialist 5 жыл бұрын
Can payment be made in future royalties? More incentive for the attorney that way.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
Less incentive for the attorney. 98% of new inventors fail to make any money on their invention. This means the attorney will have worked for free with no hope of any return, for the vast majority of the time. In the rare case that the inventor does make money, the 5% or whatever they make is likely significantly less than they would have made had they just charged for their time.
@dorittossenpai2268
@dorittossenpai2268 2 жыл бұрын
dont talk to other people about your idea but he tells you to google you might as well tell google your idea
@nickpatuto5727
@nickpatuto5727 6 жыл бұрын
So you start with talking to a patent attorney or patent it first ?
@patentanwalt
@patentanwalt 5 жыл бұрын
If you want the patent attorney to help you to draft and file the patent, then you talk with the patent attorney first. This would be the typical use case.
@matouspalecek8208
@matouspalecek8208 5 жыл бұрын
FREISCHEM & PARTNER Isn’t that literally novelty destroying tho? :D
@EVATVDirect
@EVATVDirect 3 жыл бұрын
You start with a market analysis to determine the actual vs perceived demand/ value to the target customer. Getting a patent is a much later step in the process and is only sometimes of actual value.
@Deetalks87
@Deetalks87 3 жыл бұрын
Thank you so much,
@askmr.m5390
@askmr.m5390 7 жыл бұрын
Hi! I have few questions. 1. Can I apply for a patent of an idea here in the US even though that I am not a US citizen? 2. Can you refer me to a reliable patent attorney preferably in the vicinity of Phoenix Az and/or Pearland Texas? 3. Can we trust all patent attorneys? Is there a way that we are absolutely protected from malpractices of a patent attorney? Thank you very much.
@askmr.m5390
@askmr.m5390 7 жыл бұрын
It is an idea.
@askmr.m5390
@askmr.m5390 7 жыл бұрын
Idea on t-shirt designing
@askmr.m5390
@askmr.m5390 7 жыл бұрын
I would like to clarify. This is just an example. What if no one thought of having floral design on shirt, then I come up with it as an idea, does that mean I get the patent of every shirt that has floral design? What if I created a shirt based on the idea of having its design to be floral, then my first shirt has the rose design, does this mean I should receive a royalty from a shirt which has a tulip design?
@gvidobrauns7535
@gvidobrauns7535 6 жыл бұрын
I would say get patent attorney anywhere its not like you need to meet face to face you will email him files and so on he wil help you to patent for a chargeyou dont have to be A US citizen NO
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
a patent application is possible in any country. no citizenship required. Just enough one to pay attorney, fees and translations. to 3 not all patent attorneys areof the same quality. I would get some referrals first
@za-li6dg
@za-li6dg 5 жыл бұрын
I have idea I find second use of medicine I meant a medicine already in market for treatment of one condition but I found this medicine can treat a disease or other different condition .
@patentanwalt
@patentanwalt 5 жыл бұрын
Good! You can protect that.
@101RealTalker
@101RealTalker 3 жыл бұрын
What if it's a process though, like a formula??
@46bereket
@46bereket 3 жыл бұрын
Thank you brother
@realestateguider4567
@realestateguider4567 6 жыл бұрын
Can I get patent not copyright for new and innovative website idea or android app
@realestateguider4567
@realestateguider4567 6 жыл бұрын
Rolf Claessen Thanks you sir, i hope this because Twitter and Facebook have got greater strong points in this aspect. So, no new innovative social media websites are coming to tackle them.May i know is it indian patent or USPTO accept it for technology based patents . Plz confirm me sir.bec i want to have get for my idea.
@gustavogonzalez1412
@gustavogonzalez1412 6 жыл бұрын
Hi, I have a confusion..I do not understand, as if apparently the patents were only parceled to the national territory as a jurisdiction ... this is it? or are they an "universal" right once the patent has been acquired? In any case, I would like to know if there is an "International Patent agreement between countries" ¿which are the countries that are not subscribed in this agreement?. Thank you so much
@nicolashrv
@nicolashrv 6 жыл бұрын
So basically......if you are not a multinational corporation, you cannot get benefits from a patent. I can register it in Germany, and someone in Somalia, Australia or USA can copy it, even register and start mass producing it without paying me a cent? (of course, he will not be able to produce it or sell it only in germany) Unless submiting a patent request is free......which I doubt, otherwise you wouldnt have done this video offering info regarding legal procedures regarding the subject ;-)
@nicolashrv
@nicolashrv 6 жыл бұрын
What I meant is you have to pay the rights for the patent 50-100 times, because you have to register the same thing in every country you want to have the rights. Even if it's done by a friend lawyer you have in each country for free, still you have to pay to the government or the agency which has the patents. Plus, imagine to travel each country for the appeals!! Not even a small company could afford that.
@nicolashrv
@nicolashrv 6 жыл бұрын
Of course, I was thinking something like just have patents on industrialized countries where it can be produced, like China, Germany (or Europe), Brazil, etc.
@gonzooznog8986
@gonzooznog8986 6 жыл бұрын
Gustavo Gonzalez "convention" wipo
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
patents have to be nationalized.
@kumar.sonu7
@kumar.sonu7 4 жыл бұрын
Whether patent can be registered in the name of two people in joint?
@patentanwalt
@patentanwalt 4 жыл бұрын
Sure!
@machahitheshkumarreddy4334
@machahitheshkumarreddy4334 4 жыл бұрын
What will happen if someone copies our idea after taking a patent without our permission
@EVATVDirect
@EVATVDirect 3 жыл бұрын
As in you had an idea, someone else patented it and made money off that patent? Depends on if you published your idea or not and when. If you did, then that could be considered prior art that you could challenge their patent. But that doesn't get you anything except screw them and would cost you a lot. We are a first to patent country. Regardless, you wouldn't be able to patent your idea because of the prior art even if their patent gets revoked or whatever.
@sysyg7953
@sysyg7953 3 жыл бұрын
If I have a food product I would like to Pattern will I have to do the same search ?
@akhileshbalhotra5254
@akhileshbalhotra5254 7 жыл бұрын
and i also want to add is it good to advertise like share on you tube or facebook about the idea ( which u want to sell) a day after filing it for provisional ??
@akhileshbalhotra5254
@akhileshbalhotra5254 7 жыл бұрын
ok .thank you sir ,, can u answer that another question for the non oviousness ?
@Jemi-Nour
@Jemi-Nour 5 жыл бұрын
Thank you so much dear
@goldenstandard187
@goldenstandard187 3 жыл бұрын
🔥
@AdelinaMonroe
@AdelinaMonroe 4 жыл бұрын
So how long do you think it generally takes to patent one idea given all the steps you mentioned above
@patentanwalt
@patentanwalt 4 жыл бұрын
The drafting can take between 1 day and a couple of weeks depending on the information flow between the patent attorney and the inventor. The granting procedure takes about 2 - 4 years.
@AdelinaMonroe
@AdelinaMonroe 4 жыл бұрын
FREISCHEM & PARTNER thanks for the reply 😊
@TroySan1985
@TroySan1985 3 жыл бұрын
What about writing/ making a movie which includes other people? Should I get them to sign a sworn to secrecy paper?...if ya know what I mean, it's a simple way of saying it
@patentanwalt
@patentanwalt 3 жыл бұрын
What would be your goal you want to achieve? Is it just to avoid that people steal your movie idea? Then an NDA with the right wording should be ok.
@kumosi9437
@kumosi9437 5 жыл бұрын
Dear sir, First of all, your video is spectacular and thank you for sharing your exceptional knowledge about law. So the problem that i am having is, I have a new idea in delivery service but to start my new delivery service method i have to contact some companies to work with (for example: Coca cola or Pepsi). And i fear that what if they steal my idea and use it on their own without working with me as soon as I introduce my idea?. So my question is How can i get a patent on my idea that hasn't started. Thank you..
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
You need to sign a non-disclosure agreement then it will be less likely for them to start action without paying you compensation.
@abdullahalmahbub6402
@abdullahalmahbub6402 3 жыл бұрын
Hello sir, thank you for that video it's really helpful. But I want to know patent is a global thing or country wise? And about its cost ....
@ms.achieve3777
@ms.achieve3777 4 жыл бұрын
Hello 👋🏼 Thanks for the information. I have a very strong idea for a patent that I haven’t hear of yet. This product would come in very help for many. Can you please tell him what Else I need to do before getting a attorney concerning my idea? Can the attorney turn me down and take my idea?
@anmcclo9731
@anmcclo9731 3 жыл бұрын
get two lawyers, for every one patent or pending, after seven year span cost a lot of money to save my book of love
@JanColdwater
@JanColdwater 5 жыл бұрын
Thank you for this informative video! Are there any steps that should be taken to protect an invention when presenting it to the patent attorney, or are they bound in some way, other than legally and ethically, when working on a patent? I know this may sound strange but what prevents a lawyer from stealing an idea themselves?
@francesalvarez9859
@francesalvarez9859 3 жыл бұрын
This is exactly what I just asked him, just no response yet. Did you ever get a response?
@JanColdwater
@JanColdwater 3 жыл бұрын
@@francesalvarez9859 No. never got an answer to this.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
The barr association does this. If they steal your idea, they get disbarred and cannot practice law anymore. That risk of them loosing their lively hood on just the idea of something is what protects you.
@eldorurinov5172
@eldorurinov5172 4 жыл бұрын
Thanks for the nice explanation. Could you please share the searching website to know that if my invention is already found or not? Thanks
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
Use Espacenet as a source. All links under my video kzfaq.info/get/bejne/hKuWh9Vyr6vQl4k.html
@EVATVDirect
@EVATVDirect 3 жыл бұрын
Google Patents is actually very helpful for this. But beyond that, just Google image search of your key words will tell you a lot.
@kettyketty637
@kettyketty637 3 жыл бұрын
Hello How to know product already exist is patent ?
@nightmedic653
@nightmedic653 2 жыл бұрын
Can you recommend a patent agent please
@explorewidKhan
@explorewidKhan 4 жыл бұрын
Hello stephen! I want to patent my idea but I am student . Would you please tell me if it is possible for me to patent my IDEA as a student and what would be the estimated cost ? Thank you !
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
Age or profession is irrelevant for filing a patent
@EVATVDirect
@EVATVDirect 3 жыл бұрын
First thing's first, don't spend money on a patent unless you have developed a clear path to making money on it. Complete with a market analysis and feedback from your intended customer. Understand the full costs of bringing your idea to market, not just the patent. Or else you will have blown all your money on a patent you can't do anything with. Happens all the time. Then only to find out that your intended customers were not as interested as you thought they would be.
@nazimkhansir552
@nazimkhansir552 3 жыл бұрын
Hi ,sir I am (Student of School ) from India and my question is that How I do patent my idea and at how many cost. and questions is that , can I apply for patent in any country.
@RubenLaviagaTheAgencyLasVegas
@RubenLaviagaTheAgencyLasVegas 3 жыл бұрын
Where can I find a good patent attorney?
@RayRay-ii1mq
@RayRay-ii1mq 6 жыл бұрын
How do I do a patent search?
@RayRay-ii1mq
@RayRay-ii1mq 6 жыл бұрын
Hi Rolf, I have a Invention call The "Easy Driver " it's a tool that you that you connect to a drill and tighten all different sized of screw hooks. I had a patent and ran out of money to get the second patent that's good for 20 years. I have a prototype made profession, I also have some 3D drawing as well.I even have the dimensions of the Easy Driver. So ,how much will this company going to change me. I already have $4,500.00 in my invention now,I'm disabled now and I don't have much money to put into my invention. I pray that you guys can help me out with my invention. Thank you. Raymon McLain
@EVATVDirect
@EVATVDirect 3 жыл бұрын
Ray Ray, start with Google Patents and Google Images. Use your ideas key words. A wealth of information and all free. The purpose of this task isn't to see if you can patent it, it's to see if you should bother. You are basically trying to rule out your idea so that you don't spend money on it unless you can't rule it out. Then you can hire an attorney to do a proper search. As far as the Easy Driver. Stop what you are doing. If you don't have a lot of money, a patent is the absolute worst thing you can spend money on. $4500 is a drop in the bucket compared to what it is going to cost to have even a small chance of making your money on it. You need to learn what it costs to bring a product to market and devise a strategy around that. My strong opinion is that you want licensing, not venture. For that, you don't need a patent (Actually that could hurt more than help), a provisional patent will help. But create a "Sell sheet" and then shop that sheet to brands that make similar products and ask for a royalty. You might want to check out the KZfaq Channel "InventRight".
@prithvisinh
@prithvisinh 5 жыл бұрын
Can Patent be file for an idea relating to a process and that process have benefits over others but is not sellable?
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
Sellable is not a required feature of a patent. But industry applicable and novelty are
@realestateguider4567
@realestateguider4567 6 жыл бұрын
Hi sir ,i hope is the patents for Twitter and Facebook have got greater strong points in this aspect. So, no new innovative social media websites are coming to tackle them.May i know is it indian patent or USPTO accept it for technology based patents . Plz confirm me sir.bec i want to have get for my idea.
@5starnazzy
@5starnazzy 3 жыл бұрын
What’s the idea
@kincaid05
@kincaid05 4 жыл бұрын
Like a boss
@balogunwinners5041
@balogunwinners5041 4 жыл бұрын
Hey Rolf, thanks for explaining but I have a question about my plan What if few very big competitors are already in market with billions of dollars in their pocket after i discovred that they used my idea in Nigeria as a case study?
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
If you got the money to set up a legal case you can sue them. If you are lucky they will be forced to pay compensation to you. There are many examples of such things happening.
@glenndelconte7506
@glenndelconte7506 4 жыл бұрын
With today's technology, your very first suggestion told me to stop watching. Never search on anything where others can see your history. Trust me when I say digital data and keywords can be intercepted. The big guys can see what you are searching for. That is why you see advertising that best matches your previous internet sites and searches.
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
for a patent all fo your search history is irrelevant. It simply is not detailed enough to enable a patent application
@EVATVDirect
@EVATVDirect 3 жыл бұрын
I assure you that no one in a million years is going to take the time to analyze your search history to find an idea that they can then develop and sell. Just not going to happen. Google gets 3.5 billion searches a day. You aren't that important to them. The advertising algorithms are designed specifically to find key words that are already searched in volume, not what is not searched otherwise at all.
@glenndelconte7506
@glenndelconte7506 3 жыл бұрын
@@EVATVDirect search for solar charging electric drill and tell me that everywhere you go you don't see advertisements paste it on your page about electric drills. Someone or something, Google, Watson will see solar charging electric drills.
@glenndelconte7506
@glenndelconte7506 3 жыл бұрын
@@EVATVDirect you are right that no one as a person will do that but technology will
@EVATVDirect
@EVATVDirect 3 жыл бұрын
@@glenndelconte7506 Yeah, that's a very specific algorithm designed in a very different context. No, that algorithm isn't used to find the search history of the only person to have ever searched something, so that humans can spend time sifting threw mountains of search data to find an idea so valuable and be all sneaky and try to turn the least possible value key word search into money. Just not going to happen man.
@RS-io6vm
@RS-io6vm 6 жыл бұрын
let Carebear have my idea and let him patent it. is rather not be a part of it. not my cup of tea
@BIOGODANIC
@BIOGODANIC 6 жыл бұрын
Is it true Patent ,is a waste of time as there are business , that will rip your idea off ,as the will use same consept yet but change a few things to say its not your idea , just take a look at a hammer so many diffrent hammer or say star post , as one comapny was making them and then wanted to take a chinese company to court because they were makeing the same thing , then all they did was added a few more holes which changed the star post and then it became legal . The best way I had found cost efficient, is confidentiality forms then get someone to draft up your idea and as you have a third person there as a witness and he or she also signing the confidentiality forms, yet this will only work for the country your in and may have some legal binding in other countries as the confidentiality forms WILL HAVE DATES TO YOUR IDEA AND WITNESS, and dont forget to add in your Idea and on the confidentiality forms your idea may change due to the metrials you may want to use in the Future .
@Ndriana
@Ndriana 4 жыл бұрын
Can I patent an interaction design pattern I invented while working for my employer? In my case it’s like I invented how hyperlinks are visualised against normal text (different colour, underlined) while working for a GAFA. Thx 🙏
@EVATVDirect
@EVATVDirect 3 жыл бұрын
You can get a "Plant Patent", but I don't know if that would apply in your example.
@hoseinmalihi974
@hoseinmalihi974 6 жыл бұрын
Hi, tks for your perfect information. I've applied for patent about heavy cranes and my examiner has asked me to submit all dynamic, structure & static design & calculations. Also to design the crane by Catia/solid work sw and ... While I've noticed that this is idea Is examiner right to ask such impossible document?if not what is the role in WIPO
@samirbhandari4337
@samirbhandari4337 5 жыл бұрын
Hi hosein malihi!!
@EVATVDirect
@EVATVDirect 3 жыл бұрын
You have to be very specific in the utility and claims of your invention. If your application didn't include drawings and specifics about the crane application, then yes the examiner is right in asking for this. If it's impossible document for you to produce, then what exactly do you think you are trying to patent?
@shadowblade1421
@shadowblade1421 3 жыл бұрын
Wanna go bros. He I need not your man cold
@marinabach7317
@marinabach7317 5 жыл бұрын
Hello, I have produced my herb balsams for years. It contains 49 ingredients. My friends and family love it and ask me why I would not sell it or produce it for others. May you help me to get a patent, please? Regards
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
If you already sold it its to lat to patent. However, since it is a chemical composition I would rather ensure that no one gets your recipe. It is quite time and money extensive to try to copy, very often not worth the effort. Hence I would not worry about being in your position. Just provide the best quality at all times and your customers will stay
@tamuvaughn8968
@tamuvaughn8968 5 жыл бұрын
What if I have a idea but can't afford a patent lawyer will I still be able to do the process myself
@patentanwalt
@patentanwalt 5 жыл бұрын
Anyone can file a patent at the patent office. A patent attorney is not mandatory. You may want to watch my videos about e.g. how to draft patent claims.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
Please do not do this. If you think a patent is expensive, try bringing a full blown developed product to market. Getting a patent is the worst possible thing you could do in your situation and is a guarantee that you will spend a lot of money and have nothing to show for it in the end. The patent is not the goal, a product that you can prove beyond your own mind that your target customers want and are willing to pay for. A patent comes much later if ever.
@stevenanderson3386
@stevenanderson3386 4 жыл бұрын
Hello I have an idea to improve recycling process and can be implemented nationwide if not world wide. It’s a process that would implement existing technology to improve recycling process. Is it logical to try to patent something like this and can it even be patented?
@azalealopez4688
@azalealopez4688 4 жыл бұрын
let say my idea is already patented, then how much do they pay if they'll still your idea or copyright your idea?
@patentanwalt
@patentanwalt 4 жыл бұрын
That depends on your goal and what the court decides. Typically, you get a fair royalty, of you want a royalty. You could also ask the competitor to stop the use of your invention.
@EVATVDirect
@EVATVDirect 3 жыл бұрын
You first have to prove in court that their version infringes on your claims as per the law. That isn't always an easy or cheap thing to do. Especially since it is so easy to design around a patents claims. Spending a lot of money defending your patent is exactly what getting an expensive patent earned you. Your original patent attorney is likely best suited to help you now.
@rebecaguimaraes9497
@rebecaguimaraes9497 5 жыл бұрын
In which u.s law says that idea is patentable?
@gadiramirov894
@gadiramirov894 5 жыл бұрын
Hi, I have a idea and I think it is very useful and it should work. I live in Azerbaijan. My ideas is about cars, it is idea and I can't make somethink for showing this. It should make car produsing companies as idea is very exellant. It is very easy to add for new cars this functionality. I think knowing this new idea most car companies will add this to there new products. It is safety critical too. I mean for safety it is very nice to have this on any car. Can I patent such idea? Thank you
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
I would recommend to go to your national patent office. they can do a in-depth research on existing tech with you and answer your question then
@marinabach7317
@marinabach7317 4 жыл бұрын
Hello. No I make it just for my family. But I wish to sell my recipe. Can U give me a good idea what could be my steps to sell my idea? Regards
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
Marina Bach Not 100% sure I can follow U but it’s impossible to protect a recipe and have it protected. But you could sell some „homemade“ ingredients absolutely necessary for your recipe. My channel might beanpoles pointiert start looking for help😀
@nightmedic653
@nightmedic653 2 жыл бұрын
I am under 15 and I want to patent a idea for free
@richardsindell4546
@richardsindell4546 4 жыл бұрын
This was a very informative video. However, people need to be aware that the United States Patent and Trademark Office website is insecure. In Firefox, look at the uniform resource locator (URL - "address bar") and notice the gray padlock with an exclamation point inside of the orange triangle. The click on the gray "i" immediately to the left of it, and you will see: "Connection Is Not Secure." Other browsers will be different. Chrome, for example, shows a grayed out URL but with the same gray "i" for information icon that will tell about the insecurity of the website. Look at he Inventors Assistance Center at www.inventorsassistancecenter.biz/help-with-your-invention. under the heading, "Why we file with IP Australia". There is a link to a report, "The gaping security hole in a US Government website".. I recommend this for everyone wanting to file a PPA.
@melodymelon14
@melodymelon14 5 жыл бұрын
Is it possible to patent an idea via mail if I'm not resident and not in US?
@patentanwalt
@patentanwalt 5 жыл бұрын
Sure! I am in Germany and communicate with inventors via email very often.
@TempoDrift1480
@TempoDrift1480 4 жыл бұрын
Are you Mexican? Cause I'm working Trump Turf.
@FloEmotionMusic4real
@FloEmotionMusic4real 4 жыл бұрын
Hi, I have an idea that was heading in the right direction to a company called' Invent tech'. They shopped my idea around to see if anyone had it and no one had it. They gave me a patent for my idea that I presented to them and the next step was to get the funds together. When I finally get my funds the company went out of business. Is it safe to start over with another company like Invention Home or some other company or shall I do something different? It has been a long time since I submitted my idea to a company. Im talking over 20 years now.
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
well you can check the legal status online e.g here :worldwide.espacenet.com/patent/ if he fees have not been paid there is no protection status anymore
@gabriellekalish7030
@gabriellekalish7030 4 жыл бұрын
I have an idea but I would like to sell this to google what or how do I go about this.
@AskMeStartUp
@AskMeStartUp 4 жыл бұрын
get in contact with them set up a non-disclosure agreement, and later a letter of intend and you should be good to go
@EVATVDirect
@EVATVDirect 3 жыл бұрын
I think it would be difficult to get them to listen to just a person with an idea. Is it something you could potentially venture yourself, build a business and then sell said business to Google or whoever? I think that is a much more common way to do it, though way way way more work.
wow so cute 🥰
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