American Invention; Bringing Innovation Back to The United States

American Dreams Participant; Stephanie Gomez Introduces The Stabilized Steps, Freedom to Move Forward
April 2, 2018
Product Trademarking and Naming
April 6, 2018

The Inventors Launchpad Network – Is proud to present Go Big, Go Bold, Co-Hosted by J.D. Houvener, Registered USPTO Patent Attorney of Bold IP and Carmine Denisco, Managing Partner with Inventors Launchpad. His background in business and experience as an engineer and patent attorney empowers him to clearly communicate to a broad range of inventors about their immediate and long-term needs for patenting in order to protect assets, leverage opportunities, and limit liabilities. If you have any questions on the legal side of your invention then this podcast is sure to help!

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Podcast Notes

1YouTube generated podcast notes, please excuse any typos.
hi everyone and welcome to the ILP
0:04
Network I am Carmen danesco your co-host
0:08
for today's show of go big gold bold
0:11
where we talk about intellectual
0:13
property in all different phases ways
0:15
all different animals I have with me my
0:18
co-host the man who knows this stuff
0:21
better than anyone I know mr. JD Huebner
0:23
hey big JD over there hey carmine thank
0:26
you so flattering there appreciate all
0:28
the good words I've been finding on this
0:30
go big go bold podcast
0:32
what we had nine or ten episodes oh yeah
0:35
yeah it's great
0:36
I'm happy to do it this is a fun show
0:38
for any listeners out there were we're
0:41
gonna have a opportunity during this
0:43
this podcast for you to take note if you
0:46
pull over on the side of the road taken
0:47
note or just mental no we're gonna be
0:50
doing a special giveaway today so stay
0:52
tuned yeah yeah
0:54
it's cool man yeah our show's been
0:55
growing this is one of the more popular
0:58
shows on our network I think it's it's
1:00
because of you I mean the subject is
1:02
awesome but I you know the stuff that we
1:04
talk about the the things that you have
1:07
going on it really helps our listeners
1:09
because as you know man I mean
1:11
intellectual property is pretty much at
1:14
the top of any you know entrepreneur or
1:17
any kind of inventor any product
1:19
developer their first worry is
1:21
intellectual property I mean it's the
1:23
first thing that comes up right yeah I
1:26
mean especially for you know what I call
1:27
big ideas right things that are gonna
1:29
make a game changer in the industry
1:31
people are quite worried about it it's
1:33
it's they want to make sure they've
1:35
protected themselves right they just
1:37
don't know how and sometimes they're so
1:39
worried they don't tell anybody and and
1:42
then I'm pulling their finger so long
1:44
that maybe by the time they get around
1:45
to doing it that market opportunities
1:47
come and gone and the competitive
1:49
leverage is is no longer there so this
1:52
show in many ways is here to help
1:54
inspire to build confidence in you know
1:58
in those people listening that are here
2:00
in this you can do it you can start
2:02
today I'm going forward with protecting
2:04
and more than that moving forward with
2:07
your product manufacturing you know
2:09
getting started way sooner than you
2:12
might have thought
2:13
and you can do that now by doing we've
2:14
talked on the show by doing your
2:16
diligence with doing patentability
2:18
searching I'm doing working with
2:20
professionals patent attorney so you get
2:22
your Provisionals filed and move on
2:25
I mean it's productive a matter of weeks
2:27
to do this work not in months or a year
2:29
so it's it's nothing to hold back on
2:32
yeah have you had anybody I mean we get
2:35
it here in Venice launchpad we get it in
2:37
people with inventions that have just
2:38
been sitting on these ideas for years
2:40
and years have you had to anybody that
2:42
it the waiting really hurt them or hurt
2:44
their ability to to patent or trademark
2:47
because time sometimes kills things
2:50
right yeah I mean we had a couple weeks
2:54
back we had London done a month on the
2:56
call and he's and we've got a
2:58
application filed right now it's still I
3:01
mean it's still innovative but there are
3:04
now some competitors okay and so he
3:06
shouldn't have to work hard on the
3:08
marketing side and show and tell
3:10
everyone explain it more now than he
3:14
would have had he filed it ten years ago
3:15
when he originally conceived of this he
3:19
held it under his hat because he was
3:20
concerned and it's maybe something that
3:23
other people can relate to is it he was
3:24
an employee of a company that was in a
3:28
related field to this to his invention
3:31
he was worried that if he brought the
3:33
invention to light that that company was
3:35
just own it
3:36
and either squash the opportunity or
3:38
just ignore and so his sort of fear kind
3:43
of gripped him there and absolutely made
3:44
a difference had he filed ten years ago
3:46
like I said he'd be the only one and
3:48
he'd be a lot better let easier job in
3:51
terms of marketing and getting the
3:52
attention he needs and so you know that
3:55
innovation is in the transportation
3:57
field and there's no magnetic levitation
3:59
quite detailed and how it's actually put
4:03
together and so it's you know for any
4:06
kind of field though doesn't it be a big
4:07
big idea this you know your your
4:09
invention if it's something you're
4:11
worried about with your employer with
4:13
the confidentiality issues talk with a
4:16
professional you know many professionals
4:18
like our firm at both IP you know what's
4:20
the down with you and talk to you I
4:22
helped educate you a bit at least an
4:25
initial consultation
4:26
and no charge so if you're gonna invest
4:28
you know half hour of your time it's
4:30
gonna be well worth it to get to get
4:32
kind of the the roadmap and how you move
4:34
forward yeah you know I can see I can
4:38
see time with any kind of high tech
4:41
stuff I mean as we know that kind of
4:43
technology is just eugenic just
4:45
repeatedly grows and grows I mean you
4:48
know so if you're waiting and your idea
4:50
is any kind of technology you can't wait
4:53
on that I mean you know hey you know
4:55
somebody else is working on it
4:57
yep absolutely yeah I mean it's it's is
5:00
fast fast moving stuff and like I said
5:03
it's a weeks and when we get done doing
5:04
research and we hustle through doing a
5:06
patentability search we'll get it filed
5:08
within a month you know if we see that
5:11
this thing is ready to go we'll pull all
5:13
the drawings the full spec its y'all
5:15
little claims as needed all wrapped up
5:17
in a timely fashion because we do we see
5:20
that the application is getting filed
5:22
and published at a steady rate you do
5:27
ask me quickly
5:28
yeah ya know dad and I saw you know I
5:30
know that we talked about this on the
5:32
show you're doing your quick warning
5:35
routine type videos that you're pushing
5:37
out which are which are awesome they're
5:39
pretty cool I like how short they are
5:40
because it's easy for me to listen to
5:42
them in the morning against me back at
5:46
the bold today's show it's it's more
5:48
episode 40 or 50 now it's something I've
5:50
kind of built into my routine you know
5:53
my kind like my workout and my morning
5:55
you know planning type of stuff it's fun
5:58
we're we're getting some traction it's
6:00
it's kind of those things like people
6:02
need that at least I do I know I'm not
6:04
found out the only type of person that
6:07
needs a little prodding or challenge to
6:10
get inspired to do something that's good
6:11
this was for for those out there that
6:13
have some time you know and and know
6:16
they want to do something they've got
6:17
probably a list of ideas they want to go
6:20
do getting them some information some
6:23
knowledge to get them get the ball
6:25
rolling that's what that's for
6:27
it's just a nudge people inventors and
6:30
entrepreneurs into the end of what they
6:32
should be doing hopefully at the world a
6:35
bigger place a better place yeah I agree
6:38
and you know I was I was interested in
6:40
kind
6:40
like what we're talking about in the
6:42
space episode you're doing now that you
6:46
know the space companies chose to just
6:49
give away these technologies it was it
6:51
because there would be Jimena and they
6:52
said well we really can't make any money
6:53
phonic kind of like people that wait or
6:56
is it just something that they thought
6:57
it would be too costly to try to protect
7:00
yeah I'm actually I've got an interview
7:02
scheduled I was so interested in this I
7:05
called them up so it's NASA Langley
7:07
Research Center they've got a group
7:09
that'll do an interview but it's a month
7:10
out I'm gonna figure out all that
7:12
because really I am interested some of
7:15
these technologies as I highlighted have
7:17
been issued in the past five years so
7:19
these are very valid and have
7:20
enforceability you know out 10-15 years
7:23
beyond that if you have continuation so
7:26
either it's the scientists have kind of
7:30
run this through their manufacturing
7:32
teams and they say are there excuse
7:33
their marketing teams and they say look
7:36
you know there's not a lot of money to
7:38
be made here we need help and so they
7:41
are giving it to the public so that the
7:43
public can innovate so that we all can
7:46
kind of use it as a as a you know
7:49
sounding board there's a leap you know
7:51
forward and just sort of this economic
7:55
incentive kind of thing I mean there's
7:58
much like how there is a government
8:00
grants you know funding that the
8:02
government wants to spur the economy
8:04
with right for those that actually have
8:07
good business plans and have you know
8:10
the head on their shoulders the
8:11
government needs us we the u.s. you know
8:14
used to be the number one innovation
8:16
country maybe we still are but in order
8:19
to stay at the top we have to continue
8:21
to innovate there has been a bit of a
8:23
lull or a drag in that way as we've sort
8:25
of you know off short everything and
8:27
kind of become more of a probably make
8:29
much anything else here anymore and
8:31
there's a incentive to try to bring that
8:34
innovation design and manufacturing back
8:37
in the States so to do that except
8:40
there's this grant money out there and
8:42
maybe this is a part of that strategy is
8:43
to sort of give give publish these
8:47
documents and allow free license so
8:49
people can go do what hasn't been done
8:52
before
8:53
yeah I mean that's so cool when when you
8:56
were speaking about this I'm glad you're
8:58
doing an interview I was super
9:00
interested in it because you just you
9:01
want to know about what their thought
9:03
process is because you and I are so like
9:06
man protect it hold it you know make
9:08
sure nothing's happened and they're just
9:10
like here you go which is really cool
9:12
you know it's just a different thought
9:14
process it really is yeah you know
9:18
another idea I'm just thinking of is it
9:21
with these sorts of technologies what
9:24
they what they often do is with
9:28
inventions that have a national security
9:32
concern we've had this for some
9:35
applications that we've filed is that
9:37
every single application that gets
9:39
submitted does get reviewed by the
9:42
departments and it can be intercepted
9:45
okay and the rules are that the inventor
9:52
basically loses all rights to publicize
9:55
market or sell until the release has
9:58
been given right and so there's this
10:00
time period that the government can can
10:02
look at and then hold a technology for
10:05
you know on the basis of national
10:07
security so it's possible that some of
10:08
these inventions were held and
10:11
implemented into military space systems
10:16
well before the even the filing date I
10:18
was giving so there's a lot of
10:20
interesting webs here and adopt the
10:23
possibilities oh yeah oh that's that's
10:27
awesome man I mean that's what's so
10:30
great about even the show and what you
10:31
do every day you know you never know
10:34
what you're gonna run into or who you're
10:35
gonna get to talk to because it's so
10:37
important to build your framework around
10:39
doing things the right way and having
10:41
the right protection and then being able
10:43
to take advantage when a company like
10:45
this releases some some things and I
10:48
think it's really cool but going back I
10:50
would do have a question for you I don't
10:51
know if we've covered this on the show
10:53
or not but I do have clients that come
10:55
to the launch pad that develop ideas and
10:59
products at their places of work when
11:03
they're you and their employee even if
11:04
they're consultants you know they
11:07
told me oh yeah you know we were working
11:08
on this thing and I got this idea and I
11:10
developed it and it always throws up a
11:12
red flag for me and it might be too you
11:14
know you might not be able to cover this
11:16
in just one show but I mean or what are
11:18
the things that an employee or an a
11:20
consultant would have to worry about if
11:22
they come up with an idea sure and this
11:25
is a checklist that is gonna be state
11:27
dependent it's kind of my disclaimer but
11:29
there are some you know some sort of
11:31
national kind of general blanket
11:32
guidelines I can give it is likely going
11:37
to be owned by the employer if the
11:41
invention is conceived built and you
11:47
know basically implemented on on ours
11:49
using the employers computer you know
11:54
right on the employee on employers time
11:57
and especially you know if a supervisor
12:00
or a boss had asked you to develop in
12:02
this area and the invention is exactly
12:05
what your boss or superior asked you to
12:08
do to develop right so those are the big
12:13
ones right sort of to assure that you're
12:15
not gonna fall into that category of
12:18
employer having a right or a claim to
12:21
your invention
12:22
it's got to be off hours so if you're
12:24
even if you're talking with a
12:25
co-inventor the foam better be your own
12:28
phone
12:29
you better be using your own computer
12:30
your own email address never use a work
12:33
email make sure that of course it's off
12:37
hours that you're at home or on weekends
12:39
and in all that even make sure that the
12:42
the topic really should not be one that
12:45
you've been asked or be directly
12:47
responsible for you know so if you work
12:50
at you know Apple computers and you're
12:52
tasked with coming up with a new you
12:55
know iMac design what is that new
12:58
desktop computer going to look like
13:01
you're even though you're off hours and
13:04
you did everything on your own if you've
13:07
come up with a new computer design I
13:09
mean if Apple's gonna have a very strong
13:12
claim that it's that's theirs because
13:14
they've trained you to do that they've
13:15
asked you to do innovate in this one
13:17
specific space it would be very
13:19
difficult for you to say that it's
13:21
it's not part of that package of
13:23
employment and it would be owned by the
13:24
employer
13:25
yeah well that meaning that could see
13:28
them saying we're paying them for their
13:30
knowledge I mean a lot of cons like you
13:32
said they're training them they're
13:33
giving them money they're happy the
13:35
research design yeah - basically yeah
13:38
busy not be able to not go all out on
13:41
your day job and then do something else
13:44
at night we kind of joke and laugh but
13:46
people are out there that are walking
13:47
this line people listening maybe walking
13:49
that way you just you got to know that
13:52
you gotta be careful and and so say that
13:56
happens so you have that little flash of
13:58
genius right you've got this new
13:59
computer design the bulletproof way to
14:02
do that would be to injure and terminate
14:06
your employment has a huge pill to
14:08
swallow right but that would be one way
14:12
to go down that line and before you did
14:14
any of this please do not implement that
14:17
activity don't quit your job before
14:20
meeting with a state licensed attorney
14:23
in your state the employment laws do
14:25
vary state by state oftentimes employers
14:30
can actually hold in some respect after
14:34
termination right if you oftentimes just
14:37
sign a severance package and as part of
14:39
that severance package there'll be a
14:40
non-compete right so you may have you
14:42
may be unable to compete with your
14:44
employer for up to a year if that's
14:47
reasonable so a lot of things that
14:48
consider of course before ending and
14:51
terminating a relationship like that
14:52
that's hopefully help you give some
14:54
bullet points and we could do a whole
14:56
show on that carbine and especially you
14:59
know with social media you know a lot of
15:01
times in the past you know when we were
15:03
younger well when I was younger you're
15:05
young but when I was younger you didn't
15:07
have social media you didn't have all
15:08
these things so if you left left your
15:10
job and you worked on some project it
15:13
would be a long time for them to realize
15:14
maybe what you're working on but no I
15:17
mean it's almost things as soon as I
15:20
launched a new product or as soon as I
15:21
started talking to my friends about it
15:23
someone's gonna see it you bet you bet
15:26
it's very public now yeah it's hard it's
15:28
harder to to get away with things so
15:32
it's it's good for the employer there
15:34
I mean you know and there's a this sort
15:36
of leads into a trade secret discussion
15:38
to you know the huge case that just
15:41
settled outside of court on the
15:43
self-driving vehicles with vamo versus
15:46
uber kind of Google's in automated car
15:50
versus ubers technology they had an
15:53
inside guy top engineer lead the company
15:57
and then they did some forensic
15:59
investigation found that he had
16:00
downloaded like 15,000 documents a week
16:03
prior to leaving it's a bad trail to
16:06
leave so there's a lot that's a whole
16:09
whole bunch of things we could talk
16:11
about
16:11
they sort of stem from that yeah yeah
16:14
that's kind of when that's kind of stuff
16:16
happened and you know I find nice to do
16:18
some consulting work from the
16:19
pharmaceutical industry years and years
16:21
ago and I find that most companies they
16:25
frown upon it even if they were gonna
16:26
benefit from an employer or somebody
16:29
coming on board that said hey I
16:31
downloaded all this stuff you want a lot
16:33
of them would be like no we don't we
16:34
don't want to do that you know because
16:37
they know I mean it just gives everyone
16:39
a bad name you know it sounds like you
16:41
know this isn't like the movies
16:43
industrial espionage you know most
16:45
companies really frown upon both ways
16:48
and you probably run into that yeah yeah
16:50
I mean it's um well we don't do
16:53
employment law and you know if I've
16:55
heard from other counselors in my in my
16:57
area that do folks that have you know
17:01
many years experience that are you know
17:02
oftentimes executives that are privy to
17:05
two very sensitive detailed information
17:08
about competitors or customers you know
17:12
as they move right say from four - you
17:15
know GM or something that's a huge move
17:17
there or are there legal documents drawn
17:20
up that that really fully explain and
17:22
sort of give
17:23
protections for the company that the
17:26
ploys leaving from and the company
17:28
that's taking on a new employee because
17:31
there's so much it's difficult many
17:34
times they kind of say you know where
17:36
did you learn this how did you have you
17:38
know you're just smart because of your
17:40
experience you've just got you've
17:42
acquired that over the years and it's
17:44
sometimes difficult to separate then
17:46
know-how
17:48
you can't just turn and just dump your
17:49
brain out you've got some things are
17:51
gonna follow you and so anyway that's
17:54
what there are certain protections to
17:55
help with that yeah yeah maybe well you
17:58
know like you said we'll talk about that
17:59
and bring on some some real examples
18:02
because again this we have some
18:05
inventors that probably you're thinking
18:06
about that going wow you know I did
18:08
think of that it from when I was working
18:09
at you know so-and-so company or while
18:11
I'm still working there you know so so
18:14
but we do get inventors also who you
18:16
know work in a certain business and they
18:18
build something you probably run into
18:19
that totally unrelated to their industry
18:21
and you wonder how did you come up with
18:24
this totally absolutely yeah I mean it's
18:27
it is interesting people just have ways
18:30
of inventors especially you know they're
18:32
they they think all the time they've
18:35
constantly got ideas and it's just sort
18:37
of you know it's almost every time I
18:38
talk to me venerates well here here's
18:41
one here's here's the top runner you
18:43
know what they have a list of inventions
18:45
and I just
18:46
it stays exciting when I get them their
18:48
first win because I see that lightning
18:50
ride they they have they have some other
18:53
discussions they want to have with me
18:54
but other products they want to get
18:55
rolling and so you know I want to make
18:59
sure we have I want to talk about some
19:00
more monetization and it's always a fun
19:02
topic and talk about people making money
19:04
in royalties or selling their inventions
19:07
- yeah that's one thing until you and I
19:10
spoke and I always heard about you know
19:13
being able to license your your ideas
19:15
and patents and really but you know as
19:18
you and I spoke I really started
19:20
believing it because you know you always
19:21
heard about it but you never really ran
19:22
into anybody that was actually doing it
19:24
and from you know from our discussions
19:26
you know I realized that people talked
19:29
about it but they never really set it up
19:30
the right way and it was always squashed
19:33
at the higher levels you know they went
19:34
into the meetings but they talked about
19:36
the patents or they were provisional
19:38
patents so they didn't have copyright
19:39
but there's so many pieces of the puzzle
19:41
and it wasn't so much that it they did
19:44
anything wrong they just didn't have the
19:46
knowledge or they just didn't know so
19:48
when they're going into these big
19:50
meetings and it's getting down to the
19:51
final you know they something simple
19:53
like you would say about you have this
19:55
trademarked or did you and then they
19:57
found somebody else had a trademarked or
19:58
and it wasn't really the you know that
20:00
people didn't do anything wrong they
20:01
just did
20:01
no and that's why it's sewn to start off
20:05
the right way and utilize somebody like
20:07
you or listen to these shows or listen
20:09
to your shows because that one little
20:11
thing is so important that that one
20:13
little thing adds up to big things yeah
20:15
you got it you can you nailed it man
20:17
absolutely I mean thank you for this I
20:20
mean I I do apologize I gotta get
20:22
running soon but this has been fantastic
20:24
thank you for showing with me no no no I
20:27
knew we had to get going and it's kind
20:29
of why we wanted to just touch base on a
20:30
few things I appreciate it
20:33
you know well for all you listeners out
20:35
there please go on over to old IP comm
20:39
check out JD's site he gives got a lot
20:42
of good information on there check out
20:44
his shows his morning shows his quick
20:46
shows that he has on there pretty cool
20:48
he's going out to Google Play iTunes
20:51
give us a rating give us an honest
20:53
review of us know how we're doing if
20:55
there's some information or content that
20:57
you would like to hear about let us know
20:59
send out some emails JD or myself will
21:03
be glad to get back to you so for me
21:05
calm and disco for my co-host mr. JB
21:08
Huebner we thank you for listening and
21:10
we'll catch you next time on the go big
21:12
go bold IP show you all take care now

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