Patent Eligibility; What Makes a Patent Not Eligible

Joel Wolh
Sell on Amazon; Joel Wolh, CEO of Boutique Seller Tells us How to Effectively Sell on Amazon
May 4, 2018
Mike Kawula
How To Build A 7 Figure Business Without The Struggle with Mike Kawula
May 15, 2018


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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 Colin danesco your host for
0:08
today's show of go big go bold IP with
0:12
me I have my friend co-host and the best
0:16
IP attorney around mr. JD Huebner what's
0:19
up my man
0:20
hey come on thank you I'm doing good man
0:22
thank you how are you doing good doing
0:24
good we're just talking just listen to
0:27
no we're just talking about we're gonna
0:28
be heading out to the hardware show this
0:31
year in May I think it's May 8th or
0:34
something like that I don't usually go
0:36
out to the shows and conferences but
0:37
we're gonna head out to that it's big
0:39
big show absolutely yeah we've got one
0:42
of our one of our guys going down to
0:44
check it out first time going down for
0:46
us to that show I hear really good
0:47
things like your sama it's a really big
0:49
show and nice focus on things you can
0:51
actually touch and feel which is really
0:53
cool and the hardware is grabbing there
0:55
sure there's a Consumer Electronics Show
0:57
which has a lot of you know tangibles
1:00
there but a lot of its software so this
1:02
would be something you can always grab
1:05
and grab on to get your arms around yeah
1:08
yeah no doubt well that's good I'm glad
1:10
you gonna have somebody there we'll meet
1:11
up with whomever it's gonna be we'll
1:13
walk around we're gonna be just we're
1:15
gonna be doing some podcasts and some
1:17
interviews we'll probably be hanging out
1:18
there you know the inventors association
1:20
booth Corky's booth we'll be there
1:22
hopefully my guy friends from all-star
1:24
might be there but we'll yeah well well
1:26
we'll have a lock on I know they have an
1:28
inventor section which is pretty big in
1:32
itself so we'll be hanging out around
1:34
there so but you know and we were just
1:36
talking artists also talking about you
1:38
know you'd say patent office you got the
1:41
they got some new rep in there huh yeah
1:43
I mean the the new director is Andre
1:47
Young Koo Yong ku he comes out of I got
1:51
a great line of private practice work he
1:56
did he was he did patent prosecution
1:58
with you I love people that do represent
2:00
inventors not always as the director
2:03
someone has a prosecution no background
2:05
actually helped inventors a lot of times
2:07
it's just the litigation side he
2:09
definitely does have that big firm
2:11
litigation background too
2:12
but I like the fact that he really is
2:14
becoming a grass Louisville can get down
2:18
to the details understands what the
2:19
examiners are up against and in his
2:22
recent talk he did I forgot the forum
2:24
but it's kind of part of his Roadshow
2:26
he's doing with what his plans are is
2:27
now he's taken over he's been a signed
2:31
by Donald Trump president Trump to take
2:34
this on he's he's got a big agenda to
2:37
clarify the laws surrounding patent
2:40
eligibility we've been on the show we've
2:43
talked about patent eligibility and
2:44
software specifically computer
2:46
employment inventions it been just a
2:48
headache and and they've scared people
2:50
away from starting because they don't
2:53
know there's been so much uncertainty
2:54
with the courts trying to interpret the
2:57
law I mean it's hard for even patent
2:58
attorneys to really have a firm grasp on
3:01
it you could just imagine what the
3:02
general public has been like so he knows
3:05
this there's been enough you know you
3:07
have enough people at his ear about this
3:09
so this this is gonna mean and actually
3:13
sorry I'm kind of written I was excited
3:15
about this yes there's a part of
3:17
Congress lobbying there was a to get
3:19
laws on the book there's a lot of things
3:21
that are on you know the docket for
3:23
Congress but for him to go and and he
3:26
could say anything right about
3:27
trademarks for patents or about the
3:29
administration but he talked
3:31
specifically about software eligibility
3:33
it's a big deal so I'm excited yeah no
3:38
that's great and it's nice to it's nice
3:40
when people are put into place that you
3:44
know will make a difference and and and
3:46
help out all around specially when
3:48
things are frustrating you know that
3:50
they're that they're good they're gonna
3:52
be good at what they do so it's great
3:53
that he has that background yeah
3:55
absolutely
3:56
I'm I'm gonna keep an eye on on what
3:59
he's up to
4:00
you know as with a lot of things that'll
4:01
generally be slower than what anything
4:03
what he would like but he mentioned by
4:06
2019
4:06
he would have he would have either
4:08
something through his administration to
4:11
the examiner's or try to push for full
4:13
new statutory changes that's next year
4:16
so I like that that seems pretty quick
4:18
in the world of government and you know
4:21
changes it yeah yeah especially a big
4:25
office like that with so many things
4:27
happening so many gears moving to be
4:30
able to to change direction or make any
4:33
changes that quickly is it's pretty
4:35
phenomenal I think that's pretty good so
4:37
that was one thing that I do I hear that
4:40
a lot and I know we talked about a lot
4:42
what is it deal with the patent
4:43
eligibility it seems like such a huge
4:45
subject you hear about it all the time
4:48
sure I mean it's the very first gate
4:50
when you're looking to see if what you
4:53
have if your invention fits in the US
4:55
patent law right can you even get an
4:58
invention on this even if you find out
5:00
later that it's the first of its kind is
5:02
not obvious and has utility before you
5:05
even go down that analysis you have to
5:07
see whether it's eligible so there are
5:09
four main types of inventions that are
5:11
eligible this is the machine
5:14
manufacturer process and a/c Evan a
5:19
machine process article of composition
5:24
of matter any process so there's four
5:27
I'm sorry I'm just trying to go through
5:28
remember here's a machine manufacturer
5:32
article composition matter and process
5:36
there so and what software's fallen into
5:40
is a process for all all this time and
5:43
the courts over the past four to five
5:45
years stemming from the landmark
5:48
decision in CLS Bank versus Allis the
5:52
many many computer implemented
5:54
inventions have been struck down
5:56
invalidated and as an abstract idea
6:01
there's one that's more akin to an
6:04
algorithm something that could that
6:06
could be performed in the human mind
6:08
alone is akin to something that's
6:10
abstract part of the natural phenomena
6:12
this is just like the standard you know
6:15
the classic e equals MC square
6:16
you know just formulas and algorithms
6:18
that define nature are not patentable it
6:21
cannot be owned by one individual so
6:23
this sort of goes back all the way to
6:25
the beginning of patent law but it's a
6:27
big landmark case because a lot of these
6:29
patents had been issued in the late 90s
6:31
and early 2000s all about you know how
6:34
to do what we've always done but on a
6:36
computer and just doing that
6:38
is not sufficient enough it's just
6:40
strictly abstract it's it's a it's an
6:42
obvious iteration of what was already
6:44
already done before so there's been some
6:46
recent cases that have uplifted that and
6:48
we talked about that last time it's an
6:50
interesting cases that are as long as
6:51
you can define how you're improving
6:53
computer technology now you've got the
6:57
ability to say that's eligible
6:59
there's been another big case that came
7:02
down that said patent eligibility
7:03
determinations are no longer a matter of
7:07
law and are a matter of fact so that
7:10
small little change matters a lot
7:11
because no longer can a judge just say
7:14
this is it not eligible and we're not
7:16
going to hear the case they actually
7:18
have to go to jury so the trial gets a
7:21
lot further along it's wonderful for
7:23
patent holders because now they finally
7:25
get their day in court so it's a huge
7:27
landmark decision this year but as you
7:29
can tell there's there's cases all the
7:31
time they keep switching the laws and
7:33
it's examiner's trying to keep up you
7:36
know and I just found out last year
7:37
we're up to almost ten thousand
7:39
examiner's ten thousand examiners they
7:42
goodness tile work virtually right it's
7:44
not stuck in one building but that's how
7:46
much of volume there is going through
7:48
the system still so trying to educate
7:50
get uniform standards across that many
7:53
people is an astounding task but I'm
7:56
glad we've got this new leader in place
7:58
to help us do that yeah to me it's
8:03
staggering you know on the invention
8:06
side it's one thing but when you're
8:08
talking about software and all the
8:11
different things that fall into that
8:13
category I mean how do these examiner's
8:15
even keep up with the terminology in the
8:17
technology it's insane to me that they
8:19
can even look at that application and be
8:23
able to decipher it yeah well I mean
8:26
you're right and it's like what they do
8:30
is they actually split up there are two
8:33
units so there are what they call art
8:35
units and they're made up of teams of
8:37
examiner's and they've got a nice little
8:39
hierarchy where there's a you know a
8:40
senior the supervisor and the TNM and a
8:43
bunch of kind of examiner's and they
8:45
probably have different levels I don't
8:47
know the details there and they get down
8:50
to the very finite detail where there
8:52
a heart unit dedicated to virtual
8:56
reality implementations around sensory
8:59
recognition of the eye and there's a
9:01
team of 10 and that's all they do all
9:03
day long is look at you know ocular VR
9:07
implementations related to motor
9:09
movement you know or and there's a whole
9:10
different team that's maybe you know
9:12
about you know hand movement and then VR
9:16
and so they somehow segment it up so
9:18
that it is possible to examine it all
9:22
because they really do have to classify
9:24
every invention put it into a specific
9:28
art unit and depending on load they can
9:32
actually move things to different units
9:34
we've got a process we're just starting
9:36
to roll out within our team where we're
9:38
predicting which art unit a specific
9:41
invention is going to get assigned to so
9:44
we can be sort of strategic about how we
9:47
write our applications and what the
9:50
allowance rate is for that our unit so
9:53
we can structure the specification in
9:55
the claims so that we can have a better
9:58
chance of it landing in a favorable or
10:00
you know interesting you know approach
10:03
to getting it through what's called
10:06
prosecution which just means a fancy
10:08
word for getting it through getting it
10:10
through the Patent Office all the way to
10:11
grant well that's pretty cool because it
10:16
what you guys are doing could mean the
10:18
difference of obviously getting the
10:21
patent through but also within a timely
10:23
manner because that's just as important
10:26
absolutely yeah I'm gonna some of that
10:28
is a lot of our control
10:30
we'll see busy art units get additional
10:33
examiner's hired on and alleviate loads
10:36
so it's hard to predict yeah I guess you
10:40
can always the way we've done is hey
10:41
look if our units stay the way they are
10:43
now this one's gonna take you three
10:45
years this won't take a year and a half
10:47
and so based on that we recommend trying
10:50
to try to go for this sort of art unit
10:52
you can't ask for our unit he's a lot of
10:56
it's up in the air and there's a whole
10:58
there's a classification system right
11:01
when it first gets submitted that's why
11:03
it takes a little while before it gets
11:04
assigned to an examiner's because
11:05
they've got to proper
11:07
identify which our unit nape got
11:09
actually accepted into their unit put on
11:12
their on their system so there are there
11:15
are ways to sort of go around all of
11:18
this by filing what's called a track one
11:20
invention you pay an additional thousand
11:22
dollars as a micro entity but this two
11:24
thousand as a small entity and you you
11:27
get a guaranteed final determination on
11:30
your application within twelve months
11:31
though for not that much extra you get
11:34
to the firm the line as we found uh I'm
11:37
just rambling here Cameron but this is
11:39
fun stuff there's a there's a lot of
11:41
petitions recently special petitions you
11:43
can do four of those inventors that are
11:45
over the age of sixty-five
11:47
so if you're older a little older you
11:49
actually do get your application made
11:51
special and you get the same treatment
11:53
as if you would have paid that extra one
11:56
or two thousand dollars there's
11:58
additional vehicles to petition to make
12:00
special if you're inventing in
12:02
environmental and in areas that I
12:06
believe it's like antinuclear ization
12:09
very specific features that are that are
12:12
somewhat politically driven that'll help
12:14
the government yeah you know then you
12:17
can get priority yeah I could see both
12:20
of those or multiple being obviously if
12:23
if an application person is putting an
12:26
application in is older it you know they
12:28
don't want to wait five years or so to
12:31
to get that going I could really see
12:33
that happening which is great I think
12:35
and then obviously our environmental and
12:37
things like that which can you know
12:38
obviously help the planet or something
12:40
like that you don't want five years to
12:41
go by and and find out that was some
12:43
cool technology that could really could
12:45
really help and I I should say also
12:50
there is a petition for health you know
12:52
for whatever age you are if you've got
12:53
health concerns maybe you've got it's
12:55
got to be pretty darn serious where it's
12:56
almost terminal they want to get you
12:58
some incentive to to move things forward
13:02
get to the front line as soon as
13:04
possible so you can take advantage of
13:05
that it seems like the and the USPTO and
13:09
the examiners they seem so super
13:11
organized even though they are inundated
13:13
with you know applications and documents
13:17
and phone calls I always have this this
13:18
thought in my head or this picture of my
13:20
and of just papers flying everywhere and
13:22
people running around there you know
13:24
with so many things going on because the
13:26
numbers are staggering the amount of
13:28
applications and follow-ups and phone
13:30
calls that I mean they actually had the
13:32
time to get on the phone with you and
13:34
talk to with you I don't think people
13:35
realize that they did and they loved it
13:38
I mean we were just looking at some
13:40
stats for one of the examiners I won't
13:42
mention and what they actually have
13:46
provided is enough statistics that show
13:48
what your approval percentage is if you
13:53
don't do an interview for this one
13:56
particular examiner it was 13% only 13%
13:59
of applications actually get issued past
14:01
this this individual if you don't do an
14:03
interview but 68% of applications get
14:07
through if you do at least one interview
14:09
so they just they want to hear they need
14:12
that interaction they want another
14:14
someone or some entity on the other end
14:16
that cares so much just getting it down
14:19
to make sure those understanding and
14:22
it's still the fact that you just
14:24
through emails and faxes just you can't
14:26
quite get there in many cases you got to
14:30
make sure you have that back and forth
14:31
over the phone yeah no no no I agree we
14:34
we have done we had done several patents
14:38
here internally a few years ago we had
14:40
put them in and and where we weren't
14:43
getting anywhere with that we had used a
14:45
local IP attorney gum and he just wasn't
14:48
getting anywhere and he's a great guy
14:50
but he just for some reason didn't want
14:53
to talk you know on the phone with the
14:57
examiner you know and we just didn't
14:59
understand why and and finally we just
15:00
dialed the guy up right here and it's
15:03
moving along so much faster they're real
15:06
people yeah they're they're usually you
15:08
know the techno background they they I
15:11
will say though that you know generally
15:13
they they do like talking with attorneys
15:15
more so than they do
15:17
inventors mainly because inventors are
15:20
emotionally invested and they don't
15:23
necessarily understand the technical
15:24
rules they have it passed the patent bar
15:27
so they're going to be more trouble for
15:29
the examiner to sort of have to train up
15:31
but imagine you guys were probably on
15:33
this
15:34
educated end of that spectrum that's one
15:36
reason why examiner's love hearing from
15:38
their patent attorney they speak their
15:40
language everybody you know we're on the
15:43
same team we're trying to get this thing
15:44
through they just need to make sure they
15:46
follow their rule ISM we represent our
15:48
client fully it's a beautiful thing I
15:51
don't know why anyone would shy away
15:52
from that yeah no I agree I agree so I
15:56
think it's cool I think a lot of good
15:57
things are happening within the industry
16:00
within USPTO now with with you
16:05
representation there I think it's pretty
16:07
cool but it's amazing to me and I still
16:09
say it that the whole software and with
16:11
AI and all the things that are going on
16:13
it's just it's just a huge undertaking
16:15
for everybody yeah yeah well with AI the
16:20
one interesting things about that is
16:22
that there's a software play and then
16:24
there's hardware and that's one thing I
16:26
would look for if I were going to this
16:27
conference is how is it coming out and
16:30
you hear these robot robotics and that
16:32
says that's fun stuff how is that
16:35
actually playing out when there's these
16:38
these needs for like what Amazon's
16:41
trying to do with their with their
16:43
manufacturer or their warehousing you
16:46
know there's so much so much to do there
16:48
with this sort of need everybody wants
16:49
on on demand stuff and interested to see
16:53
what solutions they have for that yeah
16:55
oh we know that and you know that
16:57
somebody like Amazon has so much money
17:00
to throw out that research that we have
17:02
no idea what they're really doing it's
17:06
true I mean I heard I haven't been
17:08
watching drones as closely as I probably
17:10
should have but I'm curious to see you
17:12
know they mentioned you know you've seen
17:13
those football commercials where they
17:14
talk about the drones coming down with
17:16
the packages I haven't seen that yet
17:17
although I have seen downtown they've
17:19
got these nets between buildings and I
17:23
think they are dropping packages in Nets
17:25
so that you can actually receive them
17:29
but I was telling this to someone else
17:31
and they they actually thought it was
17:32
they were like anti-suicide mats but I
17:35
think they're I think they're actually
17:36
four packages to be dropped and anyway
17:40
that's not that's a great idea I mean
17:41
that's a good safe way to do it anyway
17:46
that's crazy yeah but it's cool man I
17:48
mean that's exactly right I mean to me I
17:50
don't understand how it can be faster
17:53
but because you can only carry one
17:55
package at the same time but obviously
17:58
they can get there quick I don't know I
18:00
just I just think it's really cool
18:02
I mean technologies as well yes I've
18:05
seen a few and I can't speak
18:07
specifically but there's some really
18:08
cool solutions out there for package
18:11
handling yeah it's I find it impressive
18:13
still you know when we order through and
18:17
I don't on now or prime now existence
18:20
say how do you get that here dude you
18:22
must have be in a truck with that pack
18:24
because it just happen to drop it off
18:27
and this is nuts
18:29
yeah yeah he we're just outside of Tampa
18:33
Amazon has a huge warehouse distribution
18:37
center I mean this thing is so big and
18:39
yeah I mean we've ordered things have
18:42
gotten it that day that we've ordered
18:44
stuff yeah oh yeah well I mean yeah you
18:46
didn't get food to them within a couple
18:49
hours yeah
18:50
it's just so cool man it's funny as heck
18:53
but yeah that's good man I am I am
18:56
looking forward to all that and just to
18:59
see what else comes up I did have a
19:00
question that came in over anyway do we
19:07
have anything else on the eligibility
19:08
stuff do we want to talk about well so
19:11
we hit the main stuff and you gotta fall
19:13
with him one of those four criteria we
19:15
talked software no recent decisions yeah
19:19
there's always more to talk about they I
19:21
think we covered most of it yeah yeah
19:23
and the eligibility something that we'll
19:25
always hear about because it's the first
19:27
stage I mean it's the most important
19:28
stages is it get to the point where the
19:32
eligibility becomes really like a 50/50
19:37
shot
19:38
I mean do you tell the client hey listen
19:39
we think that this is okay we're gonna
19:42
send it in is that something that you
19:44
know just sometimes you just don't know
19:45
400 percent sure I mean we actually what
19:48
we do is when we do a consult with
19:50
someone after the consult for everyone
19:54
we actually write up a eligibility
19:56
report hmm so that comes to
19:59
that comes into the console with us so
20:01
they get it right away our legal opinion
20:03
on eligibility and we just tell them
20:08
basically how we feel so usually it's a
20:09
bit gray and it's very rare for
20:11
something to be completely ineligible
20:13
some would have to come in and literally
20:15
tell me that all they're doing is an
20:16
algorithm or I'm trying to you know
20:20
trying to patent a flower that I found
20:22
you know outside or you know so it
20:25
melody rare for someone else will be
20:26
completely ineligible if that's the case
20:28
we'll just tell them no but otherwise
20:30
it's usually great say well based on
20:32
this there is a risk or there is a high
20:34
risk or I would greatly caution moving
20:37
forward with this or I think that's a
20:39
lower risk whatever it is we'll explain
20:41
that and why based on the case law with
20:44
the risk is to moving forward with
20:46
hardware you know things you can
20:48
actually feel in touch that's gonna be
20:49
eligible all day long all day long no
20:51
matter what it is I mean it it could be
20:54
the you know a ballpoint pen I know it's
20:57
eligible not patentable right it doesn't
21:00
so that's a big difference right
21:02
something that's already been done
21:03
before not new is eligible so that's
21:07
interesting concept they did before even
21:09
get to the consideration of whether
21:10
something's new or non-obvious you have
21:12
to the first to say where those eligible
21:15
okay I'd say that's so that's that's
21:18
really the main thing and that's why you
21:20
know getting together with somebody like
21:22
your team and stuff I mean you could
21:23
really go through right away know what's
21:27
gonna be done know what it entails you
21:29
know cuz some people could go for years
21:31
I mean we know inventors they are very
21:32
slow methodical after five or seven
21:36
years they they realize that you know
21:38
it's not eligible or it is eligible but
21:40
at least now they'll be able to know
21:41
fairly quickly when they meet with you
21:43
guys yeah yeah and I encourage anyone to
21:46
go visit our website we've got good
21:47
information they're bold IP comm we've
21:51
got resources explaining what these what
21:55
we're talking about in a lot more detail
21:56
about eligibility what a patentability
21:59
search is all about and I've got our
22:02
electronic version of our of my book
22:04
bold ideas the inventors guide to
22:06
patents underneath the the publication's
22:09
under references so please check that
22:12
out do some research on your own
22:13
when you're ready a book a consultation
22:15
we're still doing that for free free 30
22:18
minutes shot yeah that's great I mean
22:21
that's awesome and we we recommend to
22:24
any of our listeners to go out there
22:25
usually there is a lot of information
22:27
plus I love the website man it looks so
22:30
good
22:30
thank you yeah we've been working on
22:32
that we just revised it we set it all up
22:34
so that it's a lot easier to find things
22:35
I spend probably too much time you know
22:38
worried about that because it you know I
22:39
think okay if I'm an inventor I get here
22:42
am I overwhelmed
22:43
is this all where I think it should be
22:45
and you know we got a good team working
22:48
with us on our web development and help
22:50
helping all of you inventors find us
22:52
that haven't heard about us we you know
22:54
the Google search let's search engine
22:56
optimization all that no no no it looks
23:01
great good good stuff so I did have a
23:04
question act that came in and I know
23:07
that you usually don't like to comment
23:09
on other what other attorneys IP
23:12
tourneys might have done was a question
23:14
that that came in was that a person sent
23:18
in an email and she wants to do a
23:21
Kickstarter campaign for her product it
23:25
she has put in the patent paperwork but
23:28
her attorney advised her not to tell
23:32
anybody about her idea unless they sign
23:35
a confidentiality agreement but that
23:37
stops her from being able to run the
23:39
Kickstarter campaign so she's wondering
23:43
if while the patent has been put in
23:46
place or the paperwork you know
23:48
everything's but is waiting why she
23:50
would need a confidentiality document
23:54
and just yeah I know that's so the
23:59
answer is she doesn't need to cut that
24:02:00
telegram well assuming some things are
24:04:00
in place no did she file a provisional
24:06:00
patent application full patent
24:08:00
application fine full non-provisional
24:10:00
application that's ridiculous so all you
24:13:00
actually need is a full as a provisional
24:15:00
but sounds like she's filed a full
24:16:00
non-provisional utility app with claims
24:20:00
absolutely not once it's once your
24:22:00
application has been filed for sure of
24:24:00
the non provisional if that's been filed
24:26:00
you
24:27:00
do not need to have a confidentiality
24:29:00
agreement if what's being shared is no
24:34:00
more than what was filed ah okay and
24:39:00
that's the general rule is you do not
24:42:00
need it because that will actually get
24:44:00
published within 18 months anyway okay
24:49:00
the only benefit would be if you know
24:55:00
this is a pickle yeah pharmaceutical and
24:58:00
you needed time to test to see if it
25:01:00
actually had if it actually had what you
25:04:00
thought it could do and then there was
25:08:00
some harm to the public through the
25:11:00
publication of it you would perhaps want
25:14:00
to just keep that confidential right
25:17:00
super rare circumstances if you're
25:19:00
looking to monetize and bring to market
25:21:00
your product or service you already
25:24:00
filed there's nothing confidential about
25:26:00
it you need to find out you need to hit
25:27:00
the market there needs to be as a few
25:29:00
barriers as possible between you and
25:32:00
your potential customers I mean this is
25:33:00
where you're gonna learn a ton about
25:34:00
your invention I advocate our clients
25:37:00
talk to the public and go to trade shows
25:39:00
and share their invention after filing
25:41:00
the provisional just the provisional
25:43:00
that's because I encourage them to go
25:45:00
find out right figure I'll get some
25:46:00
feedback make some improvements then you
25:49:00
can roll those improvements up into your
25:50:00
non provisional filing and have even a
25:53:00
stronger claim set so now that other
25:59:00
attorney could be worried about her
26:01:00
discussing confidential information
26:05:00
that's not in the application it is
26:08:00
often the case that sometimes certain
26:11:00
trade secrets or other improvements of a
26:14:00
specific invention are talked about
26:17:00
while you're mentioning the invention
26:19:00
certainly a confidentiality and not just
26:23:00
goes room it would be required there you
26:25:00
don't want you don't want that
26:26:00
information getting out right whatever
26:28:00
you've not filed for yet you'd want to
26:30:00
have an NDA for so you know it could
26:33:00
just be sort of a dot me I don't
26:36:00
suspenders very conservative approach to
26:39:00
me that would
26:41:00
you know cool the conversation or
26:44:00
prevent it from even happening if you
26:46:00
throw it NDA out before you even start
26:49:00
talking yeah I agree I agree and that's
26:51:00
what kind of started that she had
26:53:00
reached out to ask us a little bit about
26:55:00
working on her project and maybe
26:58:00
manufacturing for but she didn't want to
27:00:00
get me more information because unless I
27:02:00
signed an NDA or confidentiality
27:04:00
agreement I said I thought you filed a
27:06:00
utility so we just started the
27:08:00
conversation and and then she sent the
27:11:00
email and to ask on the show what what
27:13:00
what would be the best process so I
27:15:00
agree with you we don't know every bit
27:17:00
of the story but in most cases I would
27:19:00
agree that that she is able to share
27:24:00
yeah absolutely do you have to you have
27:28:00
to I when I work with my clients I wanna
27:31:00
make it a point that they have a good
27:34:00
business plan you know they have a real
27:36:00
trajectory to bring things to market to
27:37:00
make a difference I just I hate yeah the
27:40:00
bad feeling in my amount you know in my
27:42:00
stomach if I just deliver a piece of
27:44:00
paper you know just document without a
27:46:00
real plan in place to to make change
27:50:00
yeah I agree I mean that's what it's for
27:52:00
you're putting this paperwork in place
27:54:00
so that you can start talking about it
27:56:00
yeah absolutely yeah yeah so I wondered
27:59:00
you know if there's any more feedback
28:00:00
I'd love to get some conversation about
28:02:00
that with other attorneys or
28:04:00
professionals that may be listening I'd
28:07:00
be awesome put that'd be great yeah no
28:10:00
doubt no doubt about so what's happening
28:11:00
with the what's happening with your with
28:14:00
your shows man what's going on with them
28:15:00
fall today so so we just launched our
28:19:00
email campaign and it was awesome we got
28:21:00
a good start we had just under a hundred
28:23:00
people on the within the first 24 hours
28:26:00
subscribe so we're gonna be up I'm
28:29:00
hoping you know under thousands here in
28:31:00
the coming month or so we're so they're
28:34:00
gonna be in everyone's inbox we've
28:35:00
crafted a nice automatic email to come
28:39:00
in the content really hasn't changed
28:41:00
other than like the format wise every
28:43:00
day is different the new information
28:44:00
something new about patent law right you
28:47:00
know what's what's going on with the
28:48:00
recent case I've kind of a fundamental
28:51:00
breakdown about a certain aspect of
28:52:00
patent law
28:53:00
probably something that you can use
28:55:00
refresher on it's probably something
28:56:00
that maybe you haven't heard about a
28:57:00
little bit and so it's great for
29:00:00
inventors to hear professionals answer
29:03:00
referral partners of mine you know
29:05:00
people doing design work to CAD work
29:07:00
manufacturers it's great info and it's
29:09:00
nice
29:11:00
I hoped I write it to be up uplifting
29:13:00
very optimistic way to start your day so
29:16:00
we're gonna have these come in in the
29:17:00
morning so you can check it out three to
29:19:00
four minutes should be you know one of
29:21:00
the first things that you see in in the
29:23:00
morning yeah I think it's great man and
29:26:00
it's very what I like about it it's not
29:28:00
it's very professionally done it looks
29:31:00
good sat the sounds good it's awesome so
29:35:00
I think it's great it's not too long as
29:36:00
you said couple minutes you're in there
29:38:00
you learn something boom you're done
29:39:00
awesome yeah thanks Karl
29:42:00
you know what's funny is that a lot of
29:44:00
people don't realize what it takes to
29:47:00
put even an email campaign together
29:49:00
right isn't it a lot of work it is yeah
29:52:00
there's a lot and I try to be as
29:55:00
professional as wet as I can
29:57:00
there's always a little goof up here and
29:59:00
there but yeah you're right I getting
30:01:00
everything dialed in email and we're now
30:03:00
we're doing we're gonna get a video
30:04:00
integration my hat's off to my wife my
30:08:00
home owner and our admin team for
30:10:00
putting all that stuff together behind
30:11:00
the scenes she's over there with her
30:12:00
headphones and she can't even hear me
30:13:00
but yeah it's a lot it sure is it's all
30:18:00
in the efforts to reach the most people
30:21:00
we can you know may sound a little cocky
30:24:00
but I honestly believe that our firm is
30:27:00
the best place for any inventor to go
30:30:00
there's a lot of places I feel like
30:32:00
there's disservice in the industry I've
30:35:00
trained my attorneys and I know our firm
30:37:00
is wonderful so I I feel driven and
30:39:00
called to to get people in front of us
30:43:00
and so that's why I do this kind of
30:44:00
marketing and I want to get my name out
30:46:00
as an expert and guru and patent law
30:49:00
when people come to me and our firm
30:51:00
first yeah I would agree man no a lot of
30:54:00
people talk about you guys talk about
30:55:00
how great you do it's not all about you
30:58:00
know just it's not a machine of assembly
31:01:00
place then we like boom boom boom you
31:03:00
know you guys are definitely giving out
31:04:00
all the information you give out I think
31:06:00
it's awesome I'm
31:07:00
that's why we're privileged to team up
31:09:00
with you guys in this scenario just
31:11:00
because again getting much information
31:12:00
out there I think the more info your
31:15:00
potential clients have the better for
31:17:00
you guys I don't think people realize
31:18:00
that when they come to you they're armed
31:20:00
with so much more information it's it
31:22:00
makes it easier for you and your team
31:23:00
it's fantastic yeah there's a win-win
31:26:00
total win-win the people that aren't
31:28:00
ready they get all the information that
31:29:00
they need to have all their documents in
31:32:00
a row it makes our job so much easier
31:34:00
we need to have fun and we get to
31:35:00
actually write the claims and have
31:37:00
success with the right people work with
31:39:00
the right clients as a beautiful thing
31:41:00
it really is cool no I agree I agree
31:44:00
hundred percent all right my friend as
31:47:00
usual we are at a time went by quick I I
31:52:00
think it was good it was a lot of fun
31:54:00
I'm glad we got that one question
31:55:00
answered and I didn't realize that we
31:59:00
had this new representation in the
32:02:00
Patent Office which is it cool I'm gonna
32:03:00
do some research on this gentleman and
32:05:00
who knows maybe we'll be able get him on
32:07:00
the show that we find that'd be crazy
32:09:00
great we should be cool so alright well
32:14:00
for me
32:15:00
come on disco for my co-host mr. JD
32:18:00
Huebner I welcome you and thank you for
32:21:00
listening to the show today go on out to
32:23:00
old IP dot-com and check out all the
32:27:00
information that they have on there I
32:28:00
have a lot of stuff sign up for JD's
32:31:00
book very cool definitely awesome
32:35:00
definitely will help if you are further
32:37:00
along than that sign up for a meeting
32:40:00
with him or somebody on this team will
32:42:00
be awesome and half hour you get a lot
32:46:00
of information listen to the other shows
32:47:00
that we have on I'm sure that will help
32:49:00
you also if you get a chance please go
32:51:00
on out to Google Play or iTunes leave us
32:55:00
a rating or an honest review let us know
32:58:00
how we're doing and if there's any other
32:59:00
content that you would like to hear us
33:02:00
talk about be awesome I thank you for
33:04:00
listening to the show today and we'll
33:06:00
catch you next time on go big go bold
33:08:00
and you take care

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