This was extremely insightful. I am using an attorney to file my USPTO patent but they charge $5000 extra for the PCT. Am I missing something? the process you outlined seems very easy
@diamentpatentlaw12314 күн бұрын
If they’re filing a PCT in addition to a US application I can see that because the filing fees may be $2000+ depending on a lot of factors, plus professional fees for just doing it all. If instead of a US application, seems a little high, but I don’t know all the details. Some law firms are just expensive.
@bobwatson18954 күн бұрын
@@diamentpatentlaw1231 Thanks for the response. The $5000 is on top of the filing fees (just attorney fees). I also thought this was a little much and am considering filing the PCT myself. I will keep your firm in mind in the future.
@adamdiament4 күн бұрын
@@bobwatson1895 Yeah $5,000 in professional fees in addition to what was already paid seems a lot to me but I don't know what they're doing. The application can be written differently if you want to focus on making it more compliant with European standards (two-part claim drafting; reference numerals in the claims themselves, etc.) or other country standards, and you make a lot of changes to have sections that are compliant for each country you eventually want to enter. I don't tend to focus on all those differences at the PCT stage and do it at the individual country stage. That's just my approach. Keep me in mind the future. PCT can get tricky with procedures, so keep me in mind in the future if something comes up you need assistance with!
@raredreamfootageАй бұрын
When a continuation application is approved, then is a second patent granted or is the existing patent modified to account for the granted continuation?
@diamentpatentlaw1231Ай бұрын
It’s a new patent. See my episode on reissue applications that replace the original.
@Steve-kg8zk3 ай бұрын
Can you take a patented plant and use it in breeding for your own patented plant?
@adamdiament3 ай бұрын
If you mean take someone else's plant that is patented, then breed it with something else to create your own patented plant, my guess is yes (as you may have heard, I'm not a plant patent expert, which is why I interviewed Dale Hunt), since plant patents only cover ASEXUAL reproduction and if you're sexually reproducing something from a patented plant, that's not patent infringement. HOWEVER you do have to be concerned about the Plant Variety Protections Act (PVPA) where PVPA plant owners have the exclusive right to sexually multiply or propogate the plant and they have the exclusive right to use the protected variety to produce any hybrid plant. This is not legal advice and I would encourage you to contact a plant protection specialist like Dale Hunt if that's something you're interested in doing.
@kendalldoer54663 ай бұрын
Excellent video! Thank you
@thejoeblowshow3 ай бұрын
Hello Adam. Do you offer a flat fee for just your professional opinion on whether or not an online game that I invented would even be potentially patentable? Best regards, Joe.
@diamentpatentlaw12313 ай бұрын
Hi, I do most of my work on a flat fee basis. Connect with my at my new firm at [email protected].
@elanishere26 ай бұрын
I have searched everywhere for this valuable insight and these use cases for explaining how to write claim preambles using the claim category, the transition words “comprising,” “having,” including,” “consisting mostly of,” instead of “consisting” and limitations 🎉❤😊
@008loloy6 ай бұрын
thanks!
@firstime8 ай бұрын
Hi my understanding of drawings is only for skilled person to reproduce the invention, and description is detail explanation of how to make this embodiment, so there is no need including all variations of the invention, also the description is not for limiting the scope of the claims, such as a use: standard circle in explaining the drawing, does this constitute a limitation to the scope that other shape is not acceptable? thanks if you will come back and see my question, happy holiday season.
@firstime8 ай бұрын
thank you so much for very professional, informative and helpful video.
@skurai Жыл бұрын
Thank you so much sir
@user-qu7yr1ue2w Жыл бұрын
Is it possible to patent an algorithm to solve nonlinear algebraic equations?
@Steppinonshii Жыл бұрын
Thankyou so much for this. I’m sure I will be in touch eventually
@firstime Жыл бұрын
Hello, could I know the amazon product page is acceptable as NON-PATENT LITERATURE DOCUMENTS in IDS sheet, I am not sure since my invention is not so advanced and have to write an article.
@Leoviliti1 Жыл бұрын
Ive created an unusual game of patience today.. Originally ..lost around four rounds but beat it once to prove that anyone would still be able to get out.. Then decided to play it all afternoon .. its truly addicting .. 😂 Out of thirty games I won eight times. Annoyingly I'm a sore loser 😂 ..but it really is enjoyable 🌺
@johnaweiss Жыл бұрын
Instead taking action against an invalid patent, can you wait until the patent holder accuses you of infringement, and then invalidate their patent in your defense? That might be a cheaper way to go.
@adamdiament Жыл бұрын
If the patent is “invalid” as in its already been invalidated then there’s not going to be any case against you. If you’re thinking that it will be cheaper to wait until you’ve been sued in a district court and invalidate a patent at the district court, no, going through courts will be more expensive that going through the USPTO in most cases. The ex party reexamination will be the cheapest way, though there are pros and cons to each strategy. Consult an attorney to know the best way for you.
@johnaweiss Жыл бұрын
Is the DC court high cost due to legal fees? Or court or USPTO fees?
@sidguernsey1393 Жыл бұрын
In your opinion, and using poker as an example. If Omaha poker didn't exist and I wanted to patent it would that be possible, as a variant of Texas Holdem which is, in turn, a variant of poker etc?
@adamdiament Жыл бұрын
Unlikely, given no new game pieces and today’s patent laws on subject matter eligibility.
@tommyraymus288 Жыл бұрын
Excellent video thank you for posting this!
@Zamicol Жыл бұрын
Thank you for posting this! We are working with our lawyer and she asked if I wanted to do this. Your advice cleared up a lot of questions, and decided to not do a Continuation-in-Part. Thank you!
@adamdiament7636 Жыл бұрын
Glad it was useful to you!
@HooplaHoorah Жыл бұрын
Very informative! Thank you. If you secure a patent and you then revise the game design or rules, will that patent cover those revisions? Or could you file an addendum to the patent?
@davidjadwin9331 Жыл бұрын
Great succinct presentation!
@CYTOMETRYman Жыл бұрын
I used public pair a lot - and found it easy and intuitive. I just tried to do a search on the new patent center. I found the document I search for - but struggled for an hour trying to work out how to find all the documents associated with an application and literally gave up!! What is the secret?
@adamdiament7636 Жыл бұрын
I don't like it either! I'll have to spend some time going through their instructions. But I agree with you, not intuitive!
@zurostfeld4525 Жыл бұрын
Thx very helpful
@leroiprice15862 жыл бұрын
Thanks
@MyGameDevPal2 жыл бұрын
Hey Adam, Thanks for this informative summary. I was wondering, how would you recommend one would start their search into finding out whether or not a specific card game that's already out there, has patented their game? Again, thanks for the valuable info!
@shawnr82152 жыл бұрын
I wish I could give more than one thumbs up
@michele79292 жыл бұрын
Great video!
@michele79292 жыл бұрын
If you get a patent granted can you be liable for infringement?
@adamdiament76362 жыл бұрын
Definitely! It's one of the biggest misconceptions in patent law, which is that if you get a patent, that you are allowed to make and use your invention. Not true! Getting a patent means that your modifications or differences were non-obvious over what already existed. But in making your patent product you may still be using underlying patented technology in your own product and if you are doing that with permission (e.g. licensing agreement), you can still be liable for patent infringement.
@chopinfu34282 жыл бұрын
this video is really good except the hand with a pencil always annoying viewers. Its really strange that there are only 1,790 views in the 3 years of this video, no one cares patent now ? all young People are using youtube to watching entertainment?
@adamdiament2 жыл бұрын
Glad you liked it. Patent filings keep going up so people do still care about patents. If you liked the video, all shares are appreciated and then the view count goes up!
@20OrangeDude112 жыл бұрын
Nice concise video that covers primary 103 arguments! I've been practicing patent law for 23 years and feel like this video does a great job explaining the primary arguments used in a nice, concise, and entertaining way. Will definitely share with trainees.
@adamdiament76362 жыл бұрын
Glad you enjoyed!
@stevenbaca30292 жыл бұрын
Adam you are amazing! I have learned so much from your videos compared to other patent information videos. You answer nearly every question I have in detail and explaining why by providing examples. I am attempting to write my patent on my own because I can not afford legal help at the moment but when I can I want to work with you. Thank you for taking the time to create these podcast and videos, you truly are a blessing.
@jimiLevoice2 жыл бұрын
Very informative. I'm considering writing my own cease and desist with an offer of a royalty agreement. I have what doctors say is a serious stage 5 medical problem. The comp. I'm writing has a huge Amazon account and I feel that it's in their best interest to settle this thing. I have a renewal fee due next month and found out about them selling my product recently and checked on their website and my product was the only one SOLD OUT! I'll be in touch.
@doblescrito3 жыл бұрын
Very useful information, thank you for sharing.
@leroiprice15863 жыл бұрын
Thanks for the explanation. This is a vague subject.
@desiaclementslewis83183 жыл бұрын
thank you Adam
@RichardMumford13 жыл бұрын
Thanks Adam, All about words, I'll bet the true geographical center of NA will never be known and is probably not even in a town.
@jaleesastengel17473 жыл бұрын
So now reviving an abandoned patent doesn't have an expiration- like ever? When I was looking on the USPTO website it said 6 months to revive.
@adamdiament3 жыл бұрын
There is no official cut off time to revive but the longer you wait the harder it is to argue that abandonment was unintentional. The paperwork is easier if less than two years but still possible after that, you just have to provide more details on the timeline of events and they might not allow the revival based on your explanation. Not sure what six month thing you’re talking about is. You may contact me if you want.
@AnnaMishel3 жыл бұрын
you can lose your patent by x party re-exam, without ever knowing it was being re-examend?
@ricardoc.99233 жыл бұрын
Thanks nice one!
@RichardMumford13 жыл бұрын
Words words words...like location for restaurants.
@RichardMumford13 жыл бұрын
As always, good stuff. Would you agree because of the expense involved discovery probably favors larger companies with the ability to pay? Also, do the rules for discovery apply equally to both the plaintiff and defendant? Both from a legal perspective and a practical one?
@RichardMumford13 жыл бұрын
Looks like I need professional help, I was rejected. Writing to you soon. :-)
@RichardMumford13 жыл бұрын
Thanks, so many pitfalls/opertunities.
@RichardMumford13 жыл бұрын
Always a "maybe" in such a grey area of the law. Like always, thanks for some clarity.
@dagobello3 жыл бұрын
This video is amazingly good at explainging nonobviusness. I'm a 3L taking IP and some textbooks sometime don't do a great job at laying out the law like a short video.
@RichardMumford14 жыл бұрын
Interesting. So many shady areas In intellectual property.
@rainflake71574 жыл бұрын
Thanks for this whole series! It's given me a lot of insight as a starting inventor. I'll keep checking back in the playlist when I need to recheck things. It's a good crash course.
@rainflake71574 жыл бұрын
I'd like to sell off or assign my patent for a generous sum of money rather than licensing rights for usage and hence dealing with accounting, market research, renegotiations, etc. Is that sensible in any situation?
@RichardMumford14 жыл бұрын
Like always, awesome content. I would love to hear your take on spacific past cases and rulings. In the end IP law is so very gray it would be useful to see how it played out in the end.