Leveraging Inspiration: The Inspired Patent Podcast

Get Your IP Strategy in Harmony with Your Business Strategy for Maximum Success 

An inventor who did not know what his patent covered. Patents don’t always have strong broad protection. I reviewed a patent for an inventor after it was finalized and granted by the patent office. The inventor was surprised to learn that the patent did not even cover the product that they were producing and selling.   

Learn how to communicate ...

When is Your Inspiration Protected? Learn About the Laws Safeguarding Intellectual Property Rights

Post Office Patent Myth: I have heard of inventors who say they have protected their invention by writing it down and mailing a copy to themselves to prove they were the first inventor. It is no longer relevant who was the first inventor because in 2013 the US joined most other countries and changed from a first-to-invent system...

KFC Secret Recipe. Kentucky Fried Chicken (KFC) found a way to protect their secret recipe so that no one person has the whole recipe. They have three different vendors for the recipe. One prepares one part of the recipe, a second prepares a second part of the recipe, and a third vendor mixes the first and second parts. 

Know how to protect a trade secret, because inspired ideas (your business's valuable intellectual property...

Patent law has undergone major changes in recent years, including the shift to a first-to-file system and the introduction of a new test for patent eligibility. Keeping up with these changes is crucial to staying ahead of the game in the world of patents.

As patent laws continue to evolve, it's important to understand how they may affect your inventions and overall patent strategy. Failing to stay up-to-date on changes in pat...

Inventors who skip the research process sometimes spend thousands of dollars on a patent application that will ultimately be rejected. Just because something is not sold in the marketplace does not mean that it is patentable. An old patent with a similar invention will make an invention unpatentable, even though the old invention is no longer used in the marketplace.   

Learn how to conduct your own research and work with a p...

Invention promotion scam companies have misled inventors and small businesses for years, taking millions of dollars in exchange for little or no return. As a patent attorney, I've seen the damage these scams can do firsthand. It's important to understand the limits of a Provisional Patent Application (PPA) and when it makes sense to start with a Nonprovisional Patent Application (NPA).

See:

1. How an “invention promotion” o...

“From Sun Tzu’s The Art of War "Some can struggle to a victory and the whole world may praise their winning. This demonstrates a limited ability. Win as easily as picking up a fallen hair”. Learn from successful patent litigators on how to prepare a winning patent case and avoid costly battles in court.

Preparation and planning for battle can avoid battle altogether. With a winning strategy, even large companies might not wan...

S1 E13 Terrible vs Terrific Trademarks I met an attorney at a networking event but did not get his contact information, but I wrote down his name and the area of law he practiced. I wanted to reconnect so I tried to find him on the Internet. Unfortunately, he had a very common last name and there were dozens of different attorneys with the same name and it was very difficult to find him in this way. In his case, his name made ...

S1 E9 Building a Strong Bridge: Understanding the Importance of Patent Claims

Patents are like a bridge. In student STEM competitions, small bridges are built by students and then tested with weights to see which bridge will hold the most weight before breaking. Patents are not “weight tested” until they are litigated, and the defendant tries to break the patent. Some patents will break easily, and others do not break.

When...

S1 E10 Utility Patent Drawings - Avoid Costly Mistakes

Did you know that Utility Patent drawings can make or break your patent application? In fact, poor-quality drawings can even lead to rejection by the Patent Office. Let's learn how to avoid those mistakes and make your patent application successful!

Utility Patent drawings play a crucial role in a patent application. They help to explain the invention and illustrate the ...

S1 E11 Preventing Patent Profanity Have you played the game of “Taboo”? This is a game that skilled patent attorneys play every day to avoid “Patent Profanity”. Having the wrong language in a patent can cost companies millions of dollars. If your patent has certain words, they might severely limit the Patent Profanity, "The written description is the backbone of a patent application, and it can make or break your case. It's li...

S1 E12 Don’t Shoot Your Patent in the Foot - No Prior Art Admissions

Did you know that declarations of prior art in your Utility Patent background section can actually harm your chances of approval? When it comes to Utility Patent applications, the background section serves an important purpose in setting the context and explaining the problem that the invention solves. However, including declarations of prior art can have ne...

S1 E14 Who Is First, And Why It Matters For Trademarks

Have you ever worked hard to be first in line? Lunch line, Black Friday, concert tickets, the latest iPhone, airplane seating.

For trademarks, there are several different ways to determine who is first in line, and therefore gets the exclusive right to use a brand name or logo. Sometimes people think they are first in line and they are not. We will discuss how first use,...

S1 E15 TM vs Circle R ® And Important Trademark Use Tips

Did you know that since the start of COVID Trademark filings have more than doubled? The wait time for a Federal Trademark Application has also more than doubled. Timing can be critical when launching a brand. Understanding the process and how to ensure you have exclusive rights to a trademark will help you make good business decisions. What you need to know Use ™ when ...

S1 E16 Don’t Lose Your Trademark - Renewals And Monitoring

Did you know that failing to renew your trademark can result in losing exclusive rights to your brand name or logo? Protecting your company's brand is crucial for maintaining a competitive edge in the marketplace. However, many business owners are not aware that trademarks must be regularly renewed and monitored to maintain their protection. In this episode, we will d...

S1 E17 Which Is Right For You - Design Patents Or Utility Patents Quote: "Intellectual property is the oil of the 21st century." - Mark Getty Who is Mark Getty - He is the founder of Getty Images, the #1 supplier of images for media, corporate, and advertising. Mark Getty’s family was in the oil business. In the 20th century, the people who controlled oil were wealthy and powerful. In the 21st century, the people who control i...

S1 E18 The Value Of A Design Patent

Statistic: Did you know that design patents are becoming increasingly popular? According to the United States Patent and Trademark Office (USPTO), the number of design patent applications filed in the U.S. has increased by over 60% in the last decade. A design patent can be a valuable tool for protecting the unique visual features of a product. A design patent played a pivotal role in the $...

S1 E19 Enforcing A Design Patent

Did you know that many Amazon sellers will look for popular products on Amazon and copy the product to sell it under their own brand? Design patents can be very effective at stopping others who are copying your successful product. For example, if Amazon agrees that a product being sold infringes your design patent, they can shut down the seller’s entire store and hold money that would have gon...

S13 E20 The Design Patent Dilemma: Strategies for Responding to Cease and Desist Letters According to the United States Patent and Trademark Office, over 50,000 design patent applications were filed in 2022 alone, which is more than a 15% increase from the previous year. If you receive a cease and desist letter for an alleged design patent infringement, it is important to respond appropriately to protect your business and avoi...