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My mission as an IP Attorney is to help people recognize, protect and profit from their good ideas. As a Registered Patent Attorney based in Buffalo, New York, I focus on all types of Intellectual Property law.
As an IP attorney, I file patent and trademark applications in the United States and abroad. I manage large corporate patent and trademark portfolios, and have established associations with hundreds of Intellectual Property law firms around the world. I have extensive experience in patent and trademark prosecution, patent and trademark infringement litigation, trademark registration and copyright registration.
As a Corporate IP Consultant, I recognize that intellectual property is a highly valuable corporate asset and exploiting that asset to make a profit is paramount to corporate success. While working with corporate management I implement patent, trademark and copyright policies meant to streamline and efficiently centralize the management of the corporation’s intellectual property. I train corporate employees to identify intellectual property and maintain proper records in template corporate disclosure documents to preserve intellectual property rights. I organize an IP committee comprised from selected members of corporate management to periodically review the corporate disclosure documents with the inventors to determine the feasibility of manufacturing, marketing and most importantly return on investment (ROI). I oversee implementing the strategy of protecting the company’s intellectual property by obtaining patent protection, by maintaining the technology as a trade secret or the implementation some other strategy such as setting up a defensive publication to shield the company from litigation.
As an Inventor Consultant, I analyze new inventions to determine feasibility of patentability and commercialization. Inventors are often interested in entering into licensing agreements to profit from their invention. Our office acts as a broker of royalty deals by establishing contact with manufacturers and marketers positioned to bring new products to the national market. We also engage in the preparation of licensing/royalty agreements.
www.lotempiolaw.com
The Inventors Launchpad – Roadmap to Success Series is presented by Inventors Launchpad in beautiful Tampa Bay, FL and hosted by Carmine Denisco. Carmine is an accomplished Author, Entrepreneur, Inventor and Co-founder/Managing Partner of Inventors Launchpad. Along with his business partner Rick Valderrama has changed the face of the invention industry and look forward to helping inventors from all over the world move their ideas forward. For more information please visit www.inventorslaunchpad.com

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Podcast Notes

1YouTube generated podcast notes, please excuse any typos.
0:01
hi everyone and welcome to the
0:03
inventor's launchpad show I am Carmen
0:05
Dennis Koh your host for today and today
0:09
on the launchpad
0:10
we have a gentleman who is an
0:12
intellectual property attorney I believe
0:14
he's licensed in New York and Florida
0:16
his name is Vincent the tempio and I
0:19
believe he have him on the line now hey
0:21
Vince you over there yes I am good
0:23
morning good morning to you and thanks
0:25
for being on the show I'm very
0:26
interested in speaking with you today I
0:28
know you're pretty busy out there and I
0:31
I appreciate you coming on and giving us
0:34
a little bit of your time can you give
0:36
us a little bit of background on how you
0:39
got into this and basically where were
0:42
you working what you've been up to and
0:44
then we'll get into some questions that
0:45
we had sent in yeah I've been doing
0:47
patent law now for about 20 years I was
0:51
actually started off as a district
0:53
attorney when I first got out of law
0:54
school and I was prosecuting criminals
0:57
and I said you don't want to get out of
0:58
here the only thing I'm not gonna know
0:59
how to do is defend criminals and I
1:01
don't want people coming into my office
1:02
and say hey this wasn't my cocaine I was
1:05
just holding it for my friend and trying
1:06
to get him out of jail and they said
1:08
what could I do differently you know how
1:10
could I help people that are trying to
1:12
help the world and I thought
1:13
intellectual property was the perfect
1:16
way to go and I he took the patent bar
1:18
in you know I think 1999-2000 and I
1:23
started practicing patent law as an
1:25
attorney right then but I I was working
1:28
for a intellectual property firm when I
1:30
first got out of the DA's office and and
1:32
I've been doing it ever since it's been
1:34
a lot of fun it's a lot nicer for people
1:37
to sit at my desk and say I got this new
1:40
invention that's gonna help everybody
1:41
it's gonna make somebody's life easier
1:43
and it's just so much easier to come to
1:45
work and and just hear somebody's story
1:47
every day and wondering what's the next
1:50
guy that's gonna have this you know
1:51
million dollar idea I got lucky enough
1:56
[Music]
1:57
to meet a guy out of Toronto whose
2:00
name's Wayne from who invented the
2:02
selfie stick and there was a History
2:06
Channel show called the million dollar
2:08
genius it's on Friday nights on the
2:10
History Channel I actually got Jamie
2:13
somebody invent some kind of like
2:17
reversal and made millions of dollars
2:19
and and SH Y said look when I talk to
2:23
people when I can talk to inventors I
2:25
can say hey look at wait he's just a
2:27
regular guy like you and I and he was
2:29
able to be really it's easy it's not for
2:37
Bo but okay so um you know are you are
2:47
you still there is he doing this 20
2:59
years I work with from with baby people
3:03
to the big Corp I ain't that they'd hear
3:06
em and marketing I'll be in and I think
3:11
that's the biggest problem in the you
3:13
know that the independent inventor has
3:15
to overcome is to wear all these
3:17
different hats and try to figure out how
3:19
to take that idea from the ideas monitor
3:24
you know or get on QVC but those those
3:28
those opportunities are there they're
3:30
not they're not there for everybody but
3:32
they're definitely there yeah you know
3:35
you saw um well I'm glad you say that
3:38
about the hats because a a lot of
3:40
inventors as you're aware I think they
3:42
have to do everything by themselves and
3:45
you know when they walk into your office
3:47
I'm glad you're able to help them not
3:50
only with the IP stuff but it seems like
3:52
you have some good experience in
3:53
inventions all around inventions yeah
3:57
absolutely and you know I even tell them
4:00
look I I can't
4:02
ball the things for you I'm a lawyer I'm
4:05
a registered patent attorney and my job
4:07
is to write keep so many but at the end
4:10
of it you lose it to think our
4:13
investment makes bidding palpable and
4:17
you have to become as the inventor kind
4:20
of like a into a contractor for a
4:23
general contractor like you know you
4:26
know how to a foundation or or put up
4:30
the pulling a drywall or the roof you
4:34
have to get contractors to do each part
4:36
of the job and put it all together
4:38
forget it Ben vbs2 do that now whenever
4:45
I get a new inventor and they figure out
4:47
a marketer or they find a manufacturer
4:50
or somebody can make a mold for them I
4:53
asked could you give me in the name like
4:55
to other in the years I've kind of a
5:01
like do CAD drawings can you can't and
5:05
drawings people that are miniature
5:12
mm-hmm a tennis what he says say you
5:16
know I don't even know this and I
5:17
started talking about patents and he
5:18
says a angels the buffalo angels are a
5:23
venture capital club he goes if he if
5:26
you really finds an idea that so you
5:27
think is worthwhile I could have it
5:30
presented to the Angels they could talk
5:31
about venture capital another guy I was
5:35
talking to recently that's he sells
5:37
about five to eight million dollars
5:39
worth of stuff on an amazon a year and
5:44
five years ago he wasn't selling
5:45
anything he just decided to get into to
5:48
making products and I've written a
5:49
couple pounds for him and I asked him
5:51
today said you know a guy came in the
5:53
other day with a kind of a neat idea but
5:54
he's not sure how to manufacture could
5:57
you get it made in China he just said I
5:59
can get anything made in China you
6:01
literally if you have the money and the
6:03
wherewithal the connections you could
6:05
price ed I needed eighteen thousand he's
6:07
by next Tuesday they could literally do
6:09
it I mean the capabilities of what they
6:13
can do today's is incredible so there's
6:16
so many different roads though to making
6:19
that you know that they had idea to the
6:22
to the to the marketplace on the shelf
6:25
that you have to take to get there and
6:27
there's no one set roadmap everybody has
6:29
their own roadmap to get there and their
6:31
own way to get there but if it was so
6:35
easy as I can just tell you take these
6:37
steps a B and C everybody would be
6:39
but but you have to be able to kind of
6:41
figure a lot figure out elbows
6:44
you know those roads on your on your own
6:46
I was jokingly telling you earlier all
6:48
roads lead to Rome I've you know
6:50
reinvented myself from a district
6:53
attorney to a patent attorney and in one
6:56
of the things that I've been very
6:57
successful at is is using the Internet
7:00
and I've got like I said I have seven
7:03
Facebook pages I might have a YouTube
7:06
page
7:06
I called patent home if you go to patent
7:09
home and you see me I'd appreciate if
7:10
you could like a couple of the videos
7:13
and maybe put some comments up there but
7:15
I have about a hundred eighty five
7:17
thousand views and and that 800 number
7:20
on my YouTube channel goes right to my
7:22
cell phone because I want I want to talk
7:24
to the inventors directly I don't want
7:25
to have to go through the gatekeeper my
7:27
my secretary on the front to get to me
7:29
and I want to see where these numbers
7:31
are coming from and talk to you directly
7:33
so if you basically call it 800 number
7:35
I'm gonna pick it up on my cell phone
7:37
you're gonna get a free you know 15
7:39
minute consultation right there just to
7:42
tell me where you're at and what what
7:43
you're looking for and what help you
7:44
need and you know if I could help you I
7:46
can help you and if not you know my
7:49
theory is the more people you talk to
7:52
the the more you educate yourself so
7:56
that list of people that I was telling
7:58
you about before of CAD dryers and model
8:00
makers and manufacturers and mold makers
8:03
you know even if you don't use any of
8:05
those people
8:06
it would probably a good idea for just a
8:08
call every one of them say well what
8:09
does it cost you know you know what I
8:11
always say when I was in the district
8:13
attorney's office and I was doing felony
8:16
trials if you can't think of a question
8:18
it's always what where why you know how
8:20
you know when it's real simple just
8:23
start asking questions and you learn and
8:25
you get a little bit better a little bit
8:27
closer to that two thousand mile journey
8:28
they say every journey starts with the
8:31
first up the Chinese proverb and I say
8:34
you're walking from New York City to Los
8:37
Angeles that's your two thousand mile
8:39
journey when you get the pantent you
8:40
barely crossed the Brooklyn Bridge you
8:43
know you still got to find the
8:44
Mississippi cross it you got to go
8:46
through under around over the Rocky
8:48
Mountains you can't get stuck in Las
8:50
Vegas or the desert and get lost
8:52
you got a medikit to los angeles or so
8:54
it's a long road and I'm not trying to
8:56
discourage everybody but they have to
8:59
know up front with the you know the
9:00
facts in the matter is it's just that
9:03
you know very few people have the
9:05
wherewithal and the persistence to do
9:08
that 2000 mile journey but I think once
9:11
you start it and once you start moving
9:12
you get that you get that traction you
9:14
get that momentum you just keep rolling
9:17
along until you finally get to the end I
9:21
kind of golf go off a little bit but you
9:23
have another question for me I agree I'm
9:25
glad I we you know this is such a great
9:28
subject that you're speaking about and
9:31
what I love about what you do not only
9:33
in your firm but as a person is that you
9:35
really try to educate the inventor the
9:38
product developers somebody who's
9:39
looking for that guidance you're not
9:42
just out to you know here here's a
9:44
patent or try to sell them what they
9:45
what they think they need or whatever
9:47
and that's what I love about your
9:48
Facebook pages your Linkedin your on
9:49
Twitter your on YouTube you're really
9:51
looking to educate and give your client
9:55
what they need you know a lot of times
9:57
what a client wants isn't really what
9:59
they need and I'm sure it's kind of like
10:01
a balancing act for you because you know
10:03
what they really need but you want to
10:05
make sure that they're satisfied on
10:08
their end and that they feel comfortable
10:10
and they trust what they're getting is
10:12
what they need and and that's again I'll
10:14
mention is it's kind of why I wanted to
10:16
have you on the show is that I've heard
10:18
from so many inventors I've heard from
10:19
so many people that you've worked with
10:21
how trustworthy and how you really
10:23
helped them along the path of the
10:27
invention process and and I could tell
10:30
just by what you were saying that you
10:32
know you're saying you know you're
10:33
you're telling them listen this is just
10:35
one little piece of the puzzle it's not
10:37
gonna solve all their problems but they
10:39
have to start somewhere and and is there
10:42
a specific I guess real question one of
10:44
the questions that I get a lot is there
10:46
a specific point within the invention
10:48
process that that they should start
10:51
their intellectual property protection I
10:55
guess is there is there that one those
10:57
one certain spot that you can think of
10:59
or it all depends on the product
11:02
yeah well it first certainly I call it
11:04
to stop the bleeding stage you know the
11:06
first step is just to do a patent search
11:08
just to see if it's out there I mean do
11:11
you want to be putting all this effort
11:13
into something that you know that's it's
11:15
not patentable I mean you think it is I
11:18
everybody says well I've searched it on
11:19
Google I say well it doesn't really
11:21
matter you got to do a patent search and
11:23
see if somebody else has something
11:24
that's close and you're never gonna find
11:27
the exact same thing I used this example
11:30
often I say if I told everyone on the
11:32
planet to build me a table it's got to
11:34
have a top a bottom and four legs coming
11:36
out of the corners if we went a week for
11:40
now looked at everybody's table no there
11:43
would be no two tables alike I mean
11:45
you'd have different colors size legs
11:47
they'd be made out of different
11:48
materials the different ways to screw
11:50
them together even if the ones that are
11:52
very close you're still gonna find you
11:54
know my new differences in them even in
11:56
the you know the wood grain you know it
11:58
would be different so there's always
12:00
you're always gonna have something new
12:01
the question is even though it's new is
12:04
it is it patentable all those tables
12:06
most likely would not be patentable
12:08
unless somebody came up with a new
12:09
velcro or something to to stick those
12:12
legs together but the tables themselves
12:14
none of them would be patentable even
12:16
though everyone was absolutely nil so at
12:19
the end of the day your idea has to have
12:22
three things to be patentable it has to
12:24
be new no one's ever done it before it
12:26
has to be useful they don't want to give
12:28
you a pant and done something that has
12:30
no use whatsoever and it has to be a
12:32
non-obvious improvement over it's
12:35
already out there and the key words for
12:37
that the legal words that is the
12:39
non-obvious improvement so let's just
12:41
say that you were the cavemen that
12:44
didn't want to eat off the ground
12:46
anymore and you got the first patent for
12:48
the table the very first patent for the
12:49
table and you brought that table home to
12:52
your wife and of course what does she
12:53
say she's gonna say it's not blue it
12:56
doesn't match my curtains you have to
12:58
paint it blue so you'll paint it blue
13:00
and you'll go back to the Patent Office
13:01
and say hey I have the blue table now I
13:04
want to get the patent for this and the
13:06
Patent Office will most likely say well
13:08
look you can take any three pigments of
13:10
paint and make it any color you want and
13:13
come back here for and
13:14
infinite number of days and ask for a
13:16
different pan at every single time so
13:18
it's obvious you can paint it any color
13:19
we're not going to give you the pan for
13:21
that and this is just a hypothetical of
13:23
course but but so now you take your
13:27
table and you and you make it rectangle
13:30
because of course your wife says there's
13:32
not enough room from your mother and a
13:34
lot of show up and you got to make a
13:35
bigger table so you go try for the
13:38
rectangle on table patent and they would
13:40
say well we'll ask the average the
13:43
person of ordinary skill that's a
13:45
carpenter just an average carpenter not
13:47
the most the best carpenter who ever
13:49
lived not jesus christ - as the finest
13:51
interpreter but just an average person
13:53
of ordinary skill is it obvious to make
13:56
that table with a rectangle top versus a
13:59
square and he'd probably say yeah I can
14:01
make it you know a circle a square
14:04
triangle but I still need you know four
14:07
legs to hold it up in and so they you
14:10
know they might say okay that that's not
14:12
going to be an improvement of not
14:14
obvious improvement so the next step
14:17
might be you put a pedestal laid out the
14:19
middle of it and the pedestal comes out
14:22
with big curving four legs now the the
14:24
carpenter who never saw this before says
14:27
wait a minute this this is not obvious
14:29
this is a good idea this is a patent you
14:31
can get at with the with the pedestals
14:33
but then the examiner throws another
14:35
twist at you and says well well Judo
14:38
Smith just invented the office chair and
14:41
it has a pedestal on stand at the bottom
14:44
of the stand with wheels coming off out
14:45
of the bottom and it might be obvious
14:48
for for a carpenter if he saw that chair
14:52
to put it together with a table and come
14:57
up with your table and then that's where
14:59
the patent attorney comes in and starts
15:00
the argument that it's it was so obvious
15:03
why hasn't anybody done it like that
15:04
right now we still have structural
15:05
differences that aren't the same and
15:07
then you fight for the for the pen so I
15:10
know that's kind of a rudimentary
15:12
explanation of what's obvious and what's
15:14
not obvious but the other way I call it
15:18
is so every part of your new invention
15:22
is out there in the world whatever it is
15:24
there's a billion things in the world
15:25
but it's all you
15:26
take all these parts and put it together
15:28
so the examiner could always start
15:30
putting chairs and tables together and
15:32
building your thing so but it's still if
15:34
you gotta show that its inventive so I
15:36
use the piano as the example here so
15:38
there's there's an infinite number of
15:40
things in the world but it's a finite
15:42
number of things in the world there's a
15:44
finite number of keys on the piano so
15:47
are you playing chopsticks on the piano
15:48
are you playing Beethoven because
15:50
Beethoven doesn't have any more keys
15:53
than than your daughter who's playing
15:55
chopsticks but what what is his you know
15:58
Beethoven's symphonies are those
16:01
creative and inventive or is it just
16:04
something of ordinary skill like
16:06
chopsticks so-so bits that's how you
16:09
know we fight for the for the pen and as
16:13
far as determining whether or not you're
16:15
your invention is patentable and it's
16:18
not a simple thing and that's why we
16:19
charge money for it and that's why you
16:21
know it's the other part of the of the
16:23
search as you're searching for a
16:25
negative you hope you don't find
16:27
something that's going to knock you out
16:28
so you can be searching forever I mean
16:30
but I guess at the end of the day if you
16:32
find something close enough that's right
16:34
on point then we can say ok let's stop
16:36
the bleeding or or maybe we could just
16:39
design around this because because this
16:40
part of this invention is going to be a
16:42
problem because of this invention but to
16:44
answer your question where do you start
16:46
I think the starting point is to make
16:48
sure that you have something that's
16:50
patentable and and prior to that again
16:53
to is just knowing what is patentable
16:55
subject matter
16:55
so what's patentable subject matter the
16:59
Patent Office has broken it down into
17:01
four different things the first one is
17:04
article a manufacturer like a spoon or a
17:07
pencil the second one is a machine like
17:10
your computer or phone and then there's
17:12
a composition of matter like a drug or
17:16
gasoline or you know a new substance new
17:20
metal alloy or something a new asphalt
17:23
that doesn't wear off in the snow or
17:24
something and then the final one is a
17:27
method of business a business method and
17:30
that's where a lot of these apps a lot
17:31
of people calling out everyone's got a
17:33
new idea for an app and the problem with
17:36
the apps right now is that the Supreme
17:38
Court keys
17:39
of ålesund Bilski that came out and
17:42
there's there's a whole line of cases
17:45
since that in fact one just came out in
17:46
August where they want be those apps
17:51
they have some connection to the real
17:53
world it just be an abstract idea so
18:00
those are your four types of patentable
18:03
subject matter so if we make a
18:04
determination that you have invented
18:07
something a patentable subject matter
18:08
then you have to give it the test no
18:10
useful not obvious to see if it's
18:12
patentable and then with those with
18:15
those patentable subject matter we have
18:18
the additional Supreme Court test now
18:20
that it's outside the abstract world and
18:22
that that app is the test is something
18:25
like they call it the machine or
18:28
transformations of matter something in
18:30
the real world is going on and and they
18:32
won't consider the machine the computer
18:34
that the apps on the phone that's that's
18:36
on that's not them unless your app can
18:39
make the computer work better or faster
18:41
you know something physical some of the
18:43
hardware you know some sort of hardware
18:45
so it's it's me they're making it much
18:47
more difficult to get the patent on the
18:49
apps well yeah it seems it seems like a
18:54
lot of people are coming out with the
18:56
apps and different things it just seems
18:58
like a huge amount and I mean I don't
19:01
know how you guys can keep up on all
19:02
that stuff I mean it seems like so many
19:04
different apps are coming out or you
19:06
guys getting hit with that a lot yeah we
19:08
are and you know we filed patents you
19:11
know more than you know three years ago
19:13
or more than two years ago since the
19:15
before the law change and and we're
19:18
fighting like crazy to keep these and I
19:21
just we just got a couple that came in
19:24
about a month ago within the last month
19:26
maybe it was last week I'm not sure that
19:29
were that we actually got the patent but
19:31
we have others that were just struggling
19:33
and fighting with the examiner to to
19:37
believe you know that that we've taken
19:39
it outside of that abstract idea and and
19:42
give us the pad so it's it's it's been a
19:45
struggle I'm almost like telling people
19:48
you can't you know get these but we we
19:51
really want to
19:52
focus on what it is in the real world
19:55
that we change it and a lot of people
19:57
don't get the concept that ideas aren't
20:02
patentable things are patentable you
20:04
have to have the thing so so with the
20:06
app what you really need is the whole
20:08
algorithm of all the steps of what it's
20:11
going to be not just oh I want an app
20:13
that you know that tells me when I'm out
20:15
on the corner or something you know just
20:17
you still got to put it together and
20:19
make it work
20:20
they call it an evil MIT you have to
20:22
describe your idea as such that
20:25
somebody's skilled in the art can make
20:26
and use it it's not just oh I have an
20:29
idea for a flip phone be me a bar Scotty
20:32
1964 when Star Trek came out you know
20:35
Kirk pulled out his his handy flip phone
20:37
and he called they used to called
20:39
communication device and and and he
20:42
started talking on it but that was just
20:44
an idea
20:44
he couldn't they didn't make it work
20:47
they didn't you know have the capability
20:49
of making it work and then of course the
20:50
flip phones came out what in the 90s and
20:52
it's the first person who invented it
20:54
got the pant not the person who came up
20:56
with the idea back in 1964 so you still
21:00
have to you have to describe it such
21:01
that somebody's skilled in the art can
21:04
make and use it when I switch gears a
21:08
little bit to ask you about what we get
21:11
at we we here at a Venezuelan Japan get
21:13
asked about a lot is the provisional
21:15
patents and one is is a provisional
21:19
patent something that should be used as
21:22
a tool just to get going and basically I
21:29
was gonna ask you that and to when do
21:34
you say okay my permit I know the
21:35
provisional runs out in a year but you
21:38
say okay you know my my product seems
21:40
like it's working good and and people
21:41
were interested in it should you should
21:43
you let it almost run out or should you
21:45
file a full patent prior I mean what's a
21:49
good strategy for the provisional patent
21:54
yes so so that's a great question and in
21:58
you know a typical lawyer is you know
22:00
you know yes and no maybe you know you
22:02
know like we said before nobody has the
22:05
same route that
22:06
going to take and everybody's got to
22:08
think about their own circumstances but
22:10
the provisional patent application was
22:12
put in place just to give inventors an
22:16
opportunity to go out there and try to
22:17
market it and I say to them look if we
22:19
file this thing your feet are gonna be
22:22
to the fire because you're really gonna
22:23
have to start moving and you know how
22:25
fast a year goes by and I tell my kids
22:28
every day that you know every time
22:31
you'll set a date and your life will be
22:33
here and gone before you know it I can't
22:35
wait to go on vacation you can't wait to
22:36
graduate from eighth create a kid tweek
22:38
to graduate from high school in college
22:40
and law school when Oh what am I ever
22:42
gonna get a job and then you look back
22:43
and it's 25 years later I've been
22:45
practicing patent law it just it just
22:47
flies by so that year sounds like a lot
22:50
of time but it really isn't denied I
22:51
can't tell you how many people get to
22:54
that year and they really haven't gotten
22:56
any real traction but they they feel as
22:59
though they want to keep it going and
23:01
they don't want to you don't want to
23:02
lose their patent you know so so the
23:04
whole idea with a provisional patent is
23:06
is to be able to go out and market it
23:09
and I always say there's never come a
23:10
time where somebody sit up and say I
23:13
have this terrible idea nobody's gonna
23:15
like it
23:15
everybody's in love with their idea and
23:18
I think it's kind of like buying a stock
23:20
you can't fall in love with it you got a
23:21
got to know when to dump it and when to
23:23
you know and when to keep it and and
23:25
with the provisional patent application
23:28
you really don't even have there a year
23:31
because because if you came to me with
23:33
three days left and said filed a
23:35
non-provisional get the drawings done I
23:37
mean I could probably struggle and still
23:39
get it done in fact you know I just did
23:41
that last week somebody came in with two
23:43
days and I and I actually outsource the
23:46
the drawings and I got them done in a
23:48
day and then we we worked for like ten
23:51
hours straight on it and just got it
23:53
filed in time but but I usually say give
23:56
me two months or give me a month to to
23:58
make sure that you know we have enough
23:59
time to get it done so you don't have a
24:01:00
you're not you're not there at the very
24:03:00
last minute doing it but you have to be
24:07:00
have the wherewithal to find all those
24:10:00
subcontractors that we talked about
24:11:00
before in that year and then just to see
24:14:00
if you have some sort of a traction
24:16:00
somebody's interested or or you feel as
24:19:00
though that you know you
24:20:00
got your website up but the whole idea
24:23:00
of the Provisional is to give you that
24:24:00
opportunity now why is that better than
24:27:00
just filing a non-provisional right from
24:29:00
the get-go well first the the government
24:32:00
fees are a lot less there's no formal
24:34:00
requirements for the drawings so like I
24:37:00
said before we had to get drawings you
24:39:00
know completed you can just file the
24:41:00
provisional which is photographs I've
24:44:00
seen people you know on the Internet try
24:49:00
to sell provisional applications for a
24:50:00
couple hundred bucks or something but
24:52:00
what I found with those and I've seen
24:55:00
people come to me afterwards and all
24:58:00
they basically do is is take your idea
25:01:00
and your description of after you fill
25:03:00
out one of their questionnaires and just
25:05:00
file that what I try to do when I file
25:07:00
the application I probably put four to
25:09:00
six hours of effort into it two of time
25:14:00
two to get it to look like a patent
25:16:00
application so when you go to file your
25:19:00
non provisional if there's something
25:21:00
missing from your provisional you won't
25:23:00
get the filing date and why is that
25:25:00
important well it's important because
25:27:00
the whole idea is the rule now in the
25:31:00
United States is the first person to
25:34:00
file the first inventor to file the
25:37:00
application wins the race to the Patent
25:39:00
Office and what does the provisional do
25:41:00
well it stops the ticking you you win
25:43:00
the race so if I filed that today on
25:47:00
December say if I filed out in December
25:50:00
1st 2017 on December 1st 2018 I found a
25:55:00
non provisional when the examiner starts
25:59:00
to search he could only search for pans
26:01:00
that occurred before the 2017 date so
26:05:00
that whole year of me going out there
26:07:00
and selling it and trying to get
26:09:00
somebody to buy the idea is not against
26:11:00
me doesn't get help against me okay
26:15:00
that's a pretty good tool yeah so it's a
26:19:00
tool to protect you from from somebody
26:22:00
else from getting the patent over the
26:23:00
top of you and what does a patent do a
26:26:00
lot of people don't realize this they
26:28:00
think that it Canton gives you a right
26:29:00
to make it but no patent does not give
26:31:00
you a right
26:32:00
to make your invention a patent gives
26:34:00
you a right to stop others from copying
26:35:00
it so will a provisional stop others
26:38:00
from copying it no because you don't
26:40:00
have a pent on the provisional never
26:42:00
becomes a patent application
26:44:00
the provisional is just it just stops
26:47:00
the clock from ticking it makes you
26:50:00
become the winner of the race so it sets
26:53:00
the date of your filing
26:56:00
I call it Russian history because Russia
26:58:00
may rewrite the history afterwards what
27:01:00
they want and but that's essentially
27:02:00
what you're doing when you file your and
27:04:00
your non provisional your rewriting
27:06:00
history and saying no I filed it a year
27:07:00
ago not today it's not today's date so
27:10:00
you really need to to be able they make
27:12:00
sure that everything's in there because
27:14:00
if if you say it's got a square you know
27:17:00
peg and you in and when you go to a
27:19:00
filed a non-provisional you don't have a
27:20:00
square peg anymore it's round and that's
27:22:00
you know critical towards patentability
27:25:00
then they're not going to give you that
27:27:00
date you can't be talking about let's
27:29:00
save the world else now you have to be
27:31:00
you know what I'd say is I say in the
27:34:00
provisional I try to be as broad as I
27:36:00
can we throw the whole kitchen sink at
27:38:00
it and we try to describe it all
27:39:00
different you know all different ways
27:40:00
that we can you know and and you know
27:44:00
maybe with the non-provisional yield
27:45:00
it'll narrow it down the problem is you
27:49:00
only allow them one pend per application
27:52:00
so if you if you broadly cover like
27:55:00
three things I don't one pend they're
27:57:00
gonna give you what's known as a
27:59:00
restriction requirement and they're
28:00:00
gonna require that you just pick one of
28:03:00
those ideas and they're gonna split that
28:04:00
it that application then have four in
28:06:00
three ways because you have three
28:08:00
different inventions and they're just
28:09:00
going to look at one the good part of a
28:12:00
restriction requirement is that you
28:14:00
don't lose the date and you just put
28:16:00
essentially you'll have to file a second
28:18:00
application or a third application and
28:20:00
it's gonna be like paying all those fees
28:21:00
again for each individual invention but
28:24:00
but what I'd like to do with the
28:26:00
provisional is cover all those different
28:28:00
ways that it could possibly be used in
28:30:00
all the different ways so that you don't
28:31:00
lose that you won't lose those those
28:33:00
ideas and that's the biggest fear about
28:35:00
you know just filing that a provisional
28:37:00
for a hundred bucks and just filing it
28:39:00
yourself it's bet that you don't file it
28:41:00
right and then you end up losing the
28:42:00
price you know losing the date losing
28:44:00
your
28:44:00
vention and losing everything so that's
28:46:00
why it's very important when you file a
28:48:00
provisional that that cover all your
28:50:00
bases but yeah your question should
28:53:00
should an independent vendor use it yeah
28:55:00
I mean especially because you know
28:58:00
finances are rough you know and I charge
29:00:00
fifteen hundred dollars for a
29:01:00
provisional application I say it's a
29:03:00
flat fee and you don't have to worry
29:04:00
about every time you call me on the
29:06:00
phone that I'm gonna bilious seventy
29:07:00
five bucks for a for a letter or a
29:09:00
15-minute phone call you can call me and
29:11:00
feel comfortable or call me directly so
29:13:00
I pretty much work with a flat fee and
29:15:00
it's been the same fee for like 15 years
29:18:00
now and and I just figure that's what
29:20:00
it's about what it takes and that's and
29:22:00
it's a fair price in the whole the whole
29:24:00
idea though is is that you're trying to
29:27:00
see if it's going to be a return on the
29:30:00
investment Homa how are you gonna you
29:32:00
know make money with the money if he
29:34:00
said if you end up selling the selfie
29:36:00
stick that in the video if you go and
29:39:00
watch the video is called selfie made
29:40:00
man on the History Channel he says that
29:43:00
he made two million dollars in one month
29:45:00
well you know if you're gonna make two
29:48:00
million dollars in one months but in
29:49:00
fifteen hundred dollars or ten thousand
29:51:00
dollars on a patent application is it
29:52:00
anything but if if you're not selling
29:54:00
anything you might as well just be
29:56:00
throwing the money out the window and a
29:57:00
lot of people don't have fifteen hundred
30:00:00
dollars to throw out the window
30:01:00
do you have 1500 hours to throw out the
30:03:00
window right now no definitely not
30:07:00
yeah well so the provisional never turns
30:10:00
into a patent it did you end up spending
30:13:00
more money in the long run but he gives
30:15:00
you an opportunity to go out there and
30:16:00
see what's happening see if you could
30:18:00
present to a venture capitalist see if
30:20:00
you can get the marketing set up see if
30:22:00
you can find a distribution channel is
30:24:00
somebody gonna put you on QVC and I've
30:26:00
seen clients that that bad have filed
30:30:00
Provisionals and a week later they filed
30:31:00
them non Provisionals because they've
30:33:00
gotten connections and they have and
30:35:00
they've got deals all set up and I've
30:38:00
other you know inventors that have come
30:39:00
down a very last day that really haven't
30:41:00
set up anything but they're just afraid
30:42:00
of losing their idea they just want to
30:44:00
keep it and they don't have anything
30:46:00
lined up so so it all depends on the
30:48:00
individual and how much here you know
30:51:00
you really want to protect the idea and
30:53:00
how much how much bail you think this
30:54:00
idea really has
30:56:00
at the end of the day like I said you
30:57:00
have to you have to be emotionally
31:00:00
detached from it you can't be in love
31:02:00
with your invention and what if I can
31:05:00
give any advice to any inventor that's
31:07:00
living that's listening out there is is
31:09:00
when you call these 800 numbers these
31:11:00
you know these help numbers and these
31:13:00
these productivity numbers they're gonna
31:16:00
they're gonna pressure you to hire them
31:19:00
for for tens of thousands of dollars to
31:21:00
do all your your marketing distribution
31:23:00
and manufacturing and and at the end of
31:25:00
the day they still if it does ever hit
31:27:00
big they still you know reserve a
31:29:00
percentage back from themselves I'm just
31:33:00
saying they they are using your love for
31:37:00
your invention against you and you're in
31:39:00
you're making yourself as an inventor
31:41:00
you know an easy target for them and it
31:44:00
and there's there's there's one company
31:46:00
and I know if I should name him or not
31:48:00
but the what the court basically gave
31:50:00
him a court-ordered mandate to put on
31:53:00
their website exactly how many people
31:56:00
has given them money and how many people
31:58:00
has actually made money and it was
32:00:00
something like 500 or 800,000 people
32:03:00
gave them money and it was 14 people
32:05:00
made money yeah so you got to be very
32:07:00
careful I think one of the one of the
32:10:00
questions I would ask because is you
32:12:00
know how many people have made money ask
32:14:00
that question it's a that's a mandatory
32:18:00
question that they have to answer if
32:21:00
they start backing away from that
32:22:00
question and they should definitely
32:24:00
throw some red flags up for you yeah
32:26:00
no doubt about it and and I know the
32:29:00
company and the website you're talking
32:31:00
about with that court-ordered
32:33:00
information it's pretty amazing to me
32:36:00
when I do mention that to potential
32:39:00
clients that call us that they've never
32:40:00
seen that you know and they're amazed
32:43:00
it's kind of hidden at the bottom of one
32:46:00
homepage and then they direct you
32:48:00
through the home page if you go on their
32:50:00
ads and stuff like that it'll take you
32:52:00
someplace completely different and you
32:55:00
won't see it they kind of push you know
32:57:00
they've worked it you know team works
33:00:00
the system I guess to a certain point
33:01:00
but they worked at the landing pages are
33:04:00
around that yeah it is amazing those
33:06:00
numbers are staggering though they
33:07:00
really are but we
33:10:00
I have time for one more question and
33:12:00
it's kind of like first off I love the
33:15:00
way you describe the process and that's
33:17:00
why I love talking to you about these
33:19:00
things is because your stories the way
33:21:00
that you describe things it makes it
33:23:00
easier for us laymen to understand
33:25:00
you're not using a lot of law type
33:28:00
jargon and things like that so I
33:29:00
appreciate the way you explain things it
33:31:00
makes it very easy for us to understand
33:33:00
and I'm hoping the listeners are able to
33:36:00
do that one last question I just kind of
33:39:00
for me is how easy or difficult is it to
33:43:00
deal with the Patent Office like when
33:46:00
when they call you about a patent that
33:48:00
you have submitted and I've heard goods
33:52:00
you know stories that there that there
33:53:00
are helpful I have heard stories that
33:55:00
they've gotten a tough you know a person
33:58:00
that's been assigned to it is tough some
34:00:00
are easy in your experience how is it
34:03:00
well it's it's my partner refers to it
34:07:00
as a big black hole you never know
34:10:00
what's coming and what's gonna come out
34:12:00
of there and there's I I don't know
34:14:00
numbers off top my head but I'll give
34:16:00
you a general numbers there's 250,000
34:19:00
new patent applications every year
34:21:00
there's about 6,000 examiner's and and
34:25:00
there's I don't know half a million that
34:26:00
are pending at any given time so so it
34:30:00
is a big black hole and you can get an
34:32:00
examiner that's it's the laziest guy in
34:34:00
the world and it might take them three
34:36:00
years to get it or you can get the best
34:38:00
hardest-working one there's there and
34:40:00
you can get it back in a month it's it's
34:42:00
it's crazy and then you just don't know
34:45:00
you know how tough they are gonna be
34:47:00
against you and I've had examiner's that
34:49:00
that it seemed to me when we got on the
34:51:00
phone and we first started talking that
34:52:00
there's just no way in hell we're gonna
34:54:00
get this patent and then he does he
34:57:00
bends over backwards to help you get it
34:59:00
and then there's others were I can't he
35:02:00
see this what why can't he see this any
35:04:00
blind and even the you know the
35:07:00
inventors are like he doesn't even
35:08:00
understand what my invention is but but
35:10:00
he's got his heels dug in and he's just
35:12:00
not gonna move I I was solicited you
35:17:00
know you're always listed by vendors by
35:19:00
LexisNexis alexis is a search
35:22:00
engine and they can search almost
35:24:00
anything and they're big you know for
35:25:00
patents and they're big for the Lille
35:27:00
industry in general I don't know if they
35:29:00
sell other search engines if you've
35:32:00
heard of Lexus right yes so so I'm on
35:35:00
the phone with them and they basically
35:36:00
you can search anything and they said
35:38:00
look we can search everything this
35:40:00
particular examiner ever did and I said
35:42:00
well search my buddy I got a friend that
35:45:00
left my office one of one of my yob
35:47:00
associate attorneys left my office
35:49:00
became on a patent examiner I said when
35:52:00
he searched him and then he ended up
35:54:00
coming back here he's working in some
35:57:00
big firm he's like a great job now
35:59:00
Randall is good but uh but um they based
36:04:00
the big firms use this tool to search
36:09:00
examiner's to determine right from the
36:12:00
beginning whether or not they are going
36:15:00
to put a lot of effort and try to get
36:17:00
the pant through the examiner or wait
36:19:00
and save their funds for the appeal when
36:21:00
they appeal to him because he's just
36:23:00
loud
36:23:00
I heard knows so they look and say oh
36:25:00
he's got a 10% rate of letting patents
36:29:00
go through we're not gonna really kill
36:30:00
ourselves and the the prosecution part
36:33:00
of it we're gonna you know this is gonna
36:35:00
be our strategy we're just gonna peel
36:36:00
him because he's a it's just a tough you
36:39:00
know tough nits or they call it tough
36:40:00
egg to crack but so yeah so when when I
36:45:00
do the patent searches I basically tell
36:48:00
the the inventor look we give what we
36:52:00
give three opinions below average
36:56:00
average or above average and I jokingly
36:58:00
say it's 49 50 or 51 percent whether
37:01:00
you're gonna hit the pennant but in
37:03:00
reality is if we find something that's
37:05:00
really close
37:06:00
chances are you're not going to get it
37:08:00
if we say below average you're just
37:10:00
you're probably you're not gonna get it
37:11:00
and then average it's going to be a flip
37:13:00
of the coin 5050 and above average it's
37:15:00
probably somewhere between you know 65
37:18:00
and 85 percent after we do this search
37:21:00
there's no hundred percent guarantees
37:22:00
that's just the way life is and I always
37:24:00
say if the lawyer guarantees you're
37:26:00
gonna get a pen you probably shouldn't
37:28:00
hire him because he's not telling you
37:29:00
the truth he guarantees is gonna get you
37:32:00
out of jail I mean there's no such thing
37:33:00
in guarantees and these
37:35:00
in these situations and and I say you
37:38:00
know these are it's mostly for utility
37:39:00
pants and with the earlier you and I
37:41:00
were talking about design patterns
37:42:00
design patterns are are much easier to
37:48:00
get I'd say out of a hundred that I file
37:49:00
you get 99 of them because they're so
37:51:00
distinctive and if you know unless you
37:54:00
know sometimes maybe you saw it and you
37:56:00
didn't even realize that you're copying
37:57:00
it from somebody else it was kind of
37:59:00
stuck in your mind but but we rarely if
38:01:00
ever get get rejected on the design
38:03:00
patents and and so I mean that's that's
38:06:00
pretty much what your ear up against
38:08:00
it's going to be it's going to be a
38:09:00
battle for the utility they're there
38:11:00
they always give you a rejection out of
38:13:00
the box in fact we get allowed right out
38:16:00
of the box I say to myself oh shit I
38:18:00
should have asked for more I should have
38:19:00
made it even broader than I made it you
38:21:00
know if I if you get it right out of the
38:23:00
box you don't always not even happy that
38:25:00
yet you got it right out of the box
38:26:00
though ideas that ask for more and then
38:28:00
hope you can you can bargain down to a
38:30:00
middle spot it's like just like in
38:32:00
negotiation you start at one end and
38:34:00
they start at the end of other end you
38:36:00
hope you meet someplace in the middle
38:37:00
yeah well it mean it's that's exactly
38:41:00
why you know our recommendation is
38:44:00
always to bring somebody on like
38:46:00
yourselves or somebody I mean people
38:48:00
always will try to do it on their own
38:50:00
which is you know we don't discourage
38:52:00
that but in reality it's always too good
38:54:00
to bring somebody on who knows the ins
38:57:00
and outs and steps that are you know
39:02:00
have to be taken it's very important
39:03:00
especially if the patent is one of the
39:05:00
integral steps if you have you know a
39:10:00
big company or big retailer looking at
39:12:00
your product and it wants you to have a
39:13:00
patent for the first time so it is and
39:21:00
that's a good part about bringing
39:23:00
somebody like yourself on kind of gonna
39:29:00
close down I would like you to give us a
39:31:00
little bit ID on how one of our
39:34:00
listeners if they wanted to get in touch
39:36:00
with you what's the best way to contact
39:38:00
you well like my phone number is an easy
39:41:00
one to remember it's seven one six eight
39:44:00
five three eleven eleven seven one six
39:46:00
eight five three eleven eleven
39:48:00
my website my personal website which is
39:50:00
just a lot of information islets MPO law
39:54:00
calm on my website for my my office is
39:58:00
clause law calm and I think if you just
40:01:00
search the word patent and you work your
40:03:00
way down the page I used to be number
40:05:00
one on YouTube but now I'm like in the
40:08:00
middle of page someplace but for patent
40:10:00
home and I have you know countless FAQ
40:13:00
one-minute questions the answers answers
40:16:00
a lot of your real basic questions and I
40:18:00
I've had people call me and tell me all
40:20:00
I love your videos and I listen to every
40:22:00
single one of them and I I have about a
40:24:00
hundred and eighty seven thousand views
40:26:00
on there so a lot of people have liked
40:29:00
them obviously I'm doing something right
40:31:00
there you know you don't think yes you
40:34:00
definitely want her right eye what's one
40:37:00
of the reasons I wanted a be on the show
40:38:00
is you've really put a lot of
40:40:00
information out there you're trying to
40:42:00
educate clients before they come to you
40:44:00
which is so important and I thank you
40:48:00
for all that information I've had
40:49:00
clients that I've had clients here that
40:52:00
I've sent over to your YouTube pages and
40:54:00
your websites to learn about the
40:57:00
information before they filed or before
40:59:00
they hired a patent attorney so and I
41:01:00
know that we've had some people come
41:03:00
through your firm which they were very
41:05:00
happy so so I appreciate everything
41:07:00
you're doing for the inventors I think
41:09:00
it's a it's a core some great work you
41:10:00
have out there yet and I think they're
41:13:00
gonna put together a page on my on my
41:16:00
website Lou tempio laws slash launchpad
41:19:00
and there's some information there and
41:22:00
you know links back and forth and and I
41:25:00
basically say if you
41:27:00
you mentioned Launchpad when you call
41:29:00
will give you a 20% discount on your
41:31:00
first search wow that's awesome very
41:34:00
good well we appreciate that thank you
41:35:00
very much so all right Vincent I want to
41:38:00
say thank you for being on the show I
41:39:00
would love to have you back we're gonna
41:42:00
get a bunch of calls are gonna get a
41:43:00
custom questions on the show I'll
41:44:00
forward them over to you as we get them
41:46:00
but at some point we'd love to have you
41:48:00
back on the show if it's at all possible
41:50:00
yeah that would be great I know we
41:52:00
talked before we started recording about
41:54:00
doing a video and I could certainly set
41:56:00
up the cameras and we could do an actual
41:57:00
video it would be yeah that would be a
41:59:00
lot of fun so I appreciate it I
42:01:00
thank you and you have a great day out
42:04:00
there okay same to you nice talking to
42:06:00
you right now