1 00:00:05,269 --> 00:00:02,950 to or make you think that it's close to 2 00:00:07,269 --> 00:00:05,279 some value or something so it ends up 3 00:00:08,950 --> 00:00:07,279 just there's ways to go around it but 4 00:00:11,830 --> 00:00:08,960 just i want you to understand it's 5 00:00:14,230 --> 00:00:11,840 difficult but sometimes you can do that 6 00:00:18,630 --> 00:00:15,990 the uh 7 00:00:20,790 --> 00:00:18,640 this is actually kind of similar but um 8 00:00:22,230 --> 00:00:20,800 and i apologize because my eye should be 9 00:00:23,429 --> 00:00:22,240 over 10 00:00:26,950 --> 00:00:23,439 the um 11 00:00:28,150 --> 00:00:26,960 when you prepare a patent application 12 00:00:32,310 --> 00:00:28,160 i think 13 00:00:33,990 --> 00:00:32,320 probably along the same 14 00:00:36,069 --> 00:00:34,000 genre and i'm gonna i'm thinking of 15 00:00:37,590 --> 00:00:36,079 maybe keeping my 16 00:00:39,510 --> 00:00:37,600 lecture short which would be a little 17 00:00:42,389 --> 00:00:39,520 bit um maybe you need more time for 18 00:00:44,389 --> 00:00:42,399 people the uh unusual for a lawyer i 19 00:00:46,150 --> 00:00:44,399 suppose but i'm also thinking that it's 20 00:00:47,270 --> 00:00:46,160 not the most interesting topic for all 21 00:00:49,029 --> 00:00:47,280 of you 22 00:00:50,630 --> 00:00:49,039 but i think in preparing a patent 23 00:00:52,470 --> 00:00:50,640 application 24 00:00:54,549 --> 00:00:52,480 there's some requirements of having a 25 00:00:56,549 --> 00:00:54,559 complete written description 26 00:00:59,750 --> 00:00:56,559 it has to be enabling disclosure to the 27 00:01:00,630 --> 00:00:59,760 public when you draft claims to protect 28 00:01:03,910 --> 00:01:00,640 your 29 00:01:06,550 --> 00:01:03,920 technology it has to be in clear terms 30 00:01:09,190 --> 00:01:06,560 and many of these terms that that are 31 00:01:10,710 --> 00:01:09,200 being used are not widely 32 00:01:12,550 --> 00:01:10,720 understood terms 33 00:01:14,390 --> 00:01:12,560 you know how do you focus 34 00:01:15,670 --> 00:01:14,400 your intent you know what does it mean 35 00:01:17,510 --> 00:01:15,680 by your intent 36 00:01:19,510 --> 00:01:17,520 feeling of you know certain types of 37 00:01:21,429 --> 00:01:19,520 things you have to mentally do and you 38 00:01:23,429 --> 00:01:21,439 describe that in terms 39 00:01:25,429 --> 00:01:23,439 which the patent office will not 40 00:01:26,789 --> 00:01:25,439 understand and so it's um i think it can 41 00:01:29,830 --> 00:01:26,799 be very difficult 42 00:01:33,109 --> 00:01:29,840 to uh draft applications and to focus a 43 00:01:36,390 --> 00:01:33,119 patent in a way that would actually 44 00:01:40,390 --> 00:01:38,149 um well i guess one other thing and i 45 00:01:42,390 --> 00:01:40,400 think this is probably important for 46 00:01:45,190 --> 00:01:42,400 people here too is if you are ever 47 00:01:48,149 --> 00:01:45,200 thinking about obtaining a patent is 48 00:01:50,310 --> 00:01:48,159 there's a time requirement to get it 49 00:01:52,789 --> 00:01:50,320 into the patent office if you publish 50 00:01:54,710 --> 00:01:52,799 your technology you basically have a one 51 00:01:55,670 --> 00:01:54,720 year period within which to file 52 00:01:56,710 --> 00:01:55,680 something 53 00:01:58,389 --> 00:01:56,720 so 54 00:01:59,749 --> 00:01:58,399 that that can kind of start a ball 55 00:02:02,389 --> 00:01:59,759 rolling you have to actually get moving 56 00:02:03,670 --> 00:02:02,399 into the patent office however 57 00:02:06,310 --> 00:02:03,680 sometimes 58 00:02:08,070 --> 00:02:06,320 you don't know when you're going to 59 00:02:10,469 --> 00:02:08,080 market something you start at the 60 00:02:12,390 --> 00:02:10,479 beginning going i think i was sitting 61 00:02:14,150 --> 00:02:12,400 there and that thing buzzed right when i 62 00:02:15,670 --> 00:02:14,160 was it's like you get these ideas and 63 00:02:17,510 --> 00:02:15,680 then you come out and give a lecture 64 00:02:19,670 --> 00:02:17,520 about that before you know it you've got 65 00:02:22,070 --> 00:02:19,680 three years of background disclosures 66 00:02:24,949 --> 00:02:22,080 before you realize the invention and so 67 00:02:26,550 --> 00:02:24,959 you can kind of create um 68 00:02:28,790 --> 00:02:26,560 all these earlier disclosures become 69 00:02:30,550 --> 00:02:28,800 prior art against yourself 70 00:02:32,309 --> 00:02:30,560 so it's like you could create kind of a 71 00:02:34,229 --> 00:02:32,319 situation where it's um 72 00:02:36,470 --> 00:02:34,239 difficult to be patenting so i think it 73 00:02:38,869 --> 00:02:36,480 ends up you you end up with this balance 74 00:02:39,750 --> 00:02:38,879 of if you want to try to protect things 75 00:02:41,910 --> 00:02:39,760 is 76 00:02:45,830 --> 00:02:41,920 something should be trade secret some 77 00:02:47,910 --> 00:02:45,840 things you can maybe disclose 78 00:02:49,750 --> 00:02:47,920 and actually with that i think that 79 00:02:51,750 --> 00:02:49,760 sometimes when people 80 00:02:53,190 --> 00:02:51,760 decide well i'll just i'll just disclose 81 00:02:56,630 --> 00:02:53,200 the general stuff 82 00:02:57,430 --> 00:02:56,640 is enough to 83 00:02:59,030 --> 00:02:57,440 uh 84 00:03:00,470 --> 00:02:59,040 negate the possibility of the patent 85 00:03:01,830 --> 00:03:00,480 because when when you apply at the 86 00:03:03,030 --> 00:03:01,840 patent office 87 00:03:05,430 --> 00:03:03,040 sometimes you're just speaking very 88 00:03:07,270 --> 00:03:05,440 general terms so i think it's just that 89 00:03:08,309 --> 00:03:07,280 one's an important thing to understand 90 00:03:10,630 --> 00:03:08,319 and 91 00:03:13,110 --> 00:03:10,640 i think it's definitely a problem in 92 00:03:15,110 --> 00:03:13,120 areas where you might some of the ideas 93 00:03:17,589 --> 00:03:15,120 that people are working on now 94 00:03:19,030 --> 00:03:17,599 might be in in inventions in 20 years 95 00:03:20,470 --> 00:03:19,040 from now you know maybe people will be 96 00:03:23,190 --> 00:03:20,480 doing a lot of things with random event 97 00:03:25,270 --> 00:03:23,200 generators or other things long term 98 00:03:27,910 --> 00:03:25,280 done row but who knows you know when you 99 00:03:32,309 --> 00:03:27,920 try to think about patenting now 100 00:03:32,319 --> 00:03:36,070 i think this is um 101 00:03:41,270 --> 00:03:39,270 maybe not the best organized this is a 102 00:03:44,390 --> 00:03:41,280 really more of a 103 00:03:47,350 --> 00:03:44,400 reiteration of some of the concepts that 104 00:03:49,110 --> 00:03:47,360 the emerging technologies are more um 105 00:03:50,789 --> 00:03:49,120 i think complex 106 00:03:52,630 --> 00:03:50,799 uh based on principles that are not so 107 00:03:55,030 --> 00:03:52,640 well understood 108 00:03:58,309 --> 00:03:55,040 um and i think a lot of times difficult 109 00:03:59,830 --> 00:03:58,319 to identify the inventive aspect 110 00:04:01,270 --> 00:03:59,840 a lot of things like you can obtain a 111 00:04:04,470 --> 00:04:01,280 patent when you know you do a certain 112 00:04:06,869 --> 00:04:04,480 process you obtain a patent on a process 113 00:04:09,110 --> 00:04:06,879 when you know the outcome is something 114 00:04:11,110 --> 00:04:09,120 you take certain steps to get there but 115 00:04:13,350 --> 00:04:11,120 if you don't understand what it is 116 00:04:15,910 --> 00:04:13,360 that's happening along the way it's hard 117 00:04:17,030 --> 00:04:15,920 to to get a patent on that and like i i 118 00:04:18,949 --> 00:04:17,040 think about the remote viewing it's 119 00:04:19,670 --> 00:04:18,959 something that i've been into now and 120 00:04:21,990 --> 00:04:19,680 like 121 00:04:23,430 --> 00:04:22,000 yeah you for me i see things you know 122 00:04:25,030 --> 00:04:23,440 and they're really close to the stuff 123 00:04:27,110 --> 00:04:25,040 that's there 124 00:04:28,790 --> 00:04:27,120 i don't exactly know why you know people 125 00:04:29,990 --> 00:04:28,800 talk about it's the higher self it's 126 00:04:31,189 --> 00:04:30,000 this it's that i don't know what's 127 00:04:33,749 --> 00:04:31,199 happening so 128 00:04:35,510 --> 00:04:33,759 can can i identify what it is 129 00:04:37,030 --> 00:04:35,520 that you know in a way that's clear and 130 00:04:39,510 --> 00:04:37,040 concise that would the panoply would 131 00:04:43,270 --> 00:04:39,520 like it i think it would be pretty hard 132 00:04:47,510 --> 00:04:46,150 this is a slide that just goes into uh 133 00:04:49,670 --> 00:04:47,520 talking about some of the complexities 134 00:04:52,310 --> 00:04:49,680 of software and i think i was focusing 135 00:04:53,830 --> 00:04:52,320 on thinking of focusing more on software 136 00:04:55,590 --> 00:04:53,840 because um 137 00:04:57,510 --> 00:04:55,600 i think a lot of the inventions that you 138 00:05:00,950 --> 00:04:57,520 guys might have would probably be in 139 00:05:05,510 --> 00:05:03,430 and one of the problems with software is 140 00:05:07,189 --> 00:05:05,520 a lot of times you maybe have 141 00:05:10,469 --> 00:05:07,199 you're trying to have 142 00:05:12,310 --> 00:05:10,479 interactions between different devices 143 00:05:14,710 --> 00:05:12,320 maybe a server that's 144 00:05:16,310 --> 00:05:14,720 located you know anywhere in the world 145 00:05:17,749 --> 00:05:16,320 you have people in different countries 146 00:05:20,390 --> 00:05:17,759 sending data back and forth it can be a 147 00:05:23,270 --> 00:05:20,400 lot more complicated than to patent a 148 00:05:26,070 --> 00:05:23,280 system that you can put on your desk 149 00:05:28,230 --> 00:05:26,080 and identify the components another 150 00:05:30,950 --> 00:05:28,240 thing with software 151 00:05:33,189 --> 00:05:30,960 a lot of times and you end up with 152 00:05:35,590 --> 00:05:33,199 you know the inventor comes up with an 153 00:05:37,510 --> 00:05:35,600 idea hires some programmer to do some 154 00:05:38,390 --> 00:05:37,520 stuff gives them general guidelines 155 00:05:39,909 --> 00:05:38,400 before you know it you got the 156 00:05:42,390 --> 00:05:39,919 programmer working on stuff and then 157 00:05:44,230 --> 00:05:42,400 it's a matter of well who invented this 158 00:05:45,430 --> 00:05:44,240 where's the invention lie and i think 159 00:05:47,830 --> 00:05:45,440 that's one of the reasons i brought up 160 00:05:49,350 --> 00:05:47,840 before is you know contracts it's very 161 00:05:51,189 --> 00:05:49,360 important when you are working with 162 00:05:55,670 --> 00:05:51,199 people that if you hiring someone for a 163 00:05:58,150 --> 00:05:55,680 task make sure you own the technology 164 00:05:59,029 --> 00:05:58,160 i only have 20 more 165 00:06:02,629 --> 00:05:59,039 so 166 00:06:04,309 --> 00:06:02,639 patent applications 167 00:06:06,710 --> 00:06:04,319 basically 168 00:06:08,230 --> 00:06:06,720 i mean there's also plant patents which 169 00:06:10,550 --> 00:06:08,240 i would think that i don't really know 170 00:06:11,749 --> 00:06:10,560 anything about nobody i would think 171 00:06:13,029 --> 00:06:11,759 would care too much about them but 172 00:06:15,510 --> 00:06:13,039 perhaps in this 173 00:06:16,870 --> 00:06:15,520 room some people can find invention and 174 00:06:18,309 --> 00:06:16,880 i won't think of 175 00:06:20,230 --> 00:06:18,319 that's right yes if you're talking to 176 00:06:21,430 --> 00:06:20,240 plants perhaps will me come to me 177 00:06:23,110 --> 00:06:21,440 afterwards and i'll 178 00:06:24,790 --> 00:06:23,120 find out some more information but 179 00:06:25,670 --> 00:06:24,800 there's uh basically 180 00:06:27,430 --> 00:06:25,680 uh 181 00:06:29,350 --> 00:06:27,440 there's utility patent applications it's 182 00:06:31,670 --> 00:06:29,360 basically the main type is focusing on 183 00:06:33,189 --> 00:06:31,680 technical inventions and there's design 184 00:06:35,270 --> 00:06:33,199 patents which focus on the way something 185 00:06:36,230 --> 00:06:35,280 looks the orientation of it 186 00:06:37,830 --> 00:06:36,240 and 187 00:06:39,510 --> 00:06:37,840 there's two procedural things you can 188 00:06:41,590 --> 00:06:39,520 sometimes file before talk and i'm 189 00:06:43,270 --> 00:06:41,600 giving a talk tomorrow you can file a 190 00:06:45,670 --> 00:06:43,280 provisional application 191 00:06:48,469 --> 00:06:45,680 uh which is more a filing mechanism to 192 00:06:50,870 --> 00:06:48,479 get you into that notice more quickly 193 00:06:58,070 --> 00:06:50,880 and that is the end of my talk thank you 194 00:07:04,870 --> 00:07:02,550 all right we can have questions now sure 195 00:07:06,469 --> 00:07:04,880 so uh first of all i want to say thanks 196 00:07:08,469 --> 00:07:06,479 for coming and talking to us about 197 00:07:10,029 --> 00:07:08,479 patents 198 00:07:11,990 --> 00:07:10,039 i believe it's an 199 00:07:14,309 --> 00:07:12,000 important thing it's an important 200 00:07:17,670 --> 00:07:14,319 function particularly 201 00:07:19,189 --> 00:07:17,680 for the sorts of directions that the sse 202 00:07:21,670 --> 00:07:19,199 is going in 203 00:07:24,070 --> 00:07:21,680 because if you want if a company wants 204 00:07:26,309 --> 00:07:24,080 to develop a technology 205 00:07:27,670 --> 00:07:26,319 they will only invest in it if they know 206 00:07:29,670 --> 00:07:27,680 they can own it 207 00:07:30,790 --> 00:07:29,680 and so having a patent provides a real 208 00:07:33,350 --> 00:07:30,800 function 209 00:07:35,270 --> 00:07:33,360 in uh enabling a company to own 210 00:07:36,469 --> 00:07:35,280 something and therefore invest 211 00:07:39,110 --> 00:07:36,479 and make it real 212 00:07:41,430 --> 00:07:39,120 and tomorrow i'll be talking about a 213 00:07:42,710 --> 00:07:41,440 number of different patents 214 00:07:45,589 --> 00:07:42,720 technology 215 00:07:46,790 --> 00:07:45,599 and these patents have produced 216 00:07:48,950 --> 00:07:46,800 investment 217 00:07:50,469 --> 00:07:48,960 and the ability to try to develop these 218 00:07:52,790 --> 00:07:50,479 technologies 219 00:07:53,990 --> 00:07:52,800 and it is something that we should be 220 00:07:55,350 --> 00:07:54,000 getting 221 00:07:57,430 --> 00:07:55,360 more and more 222 00:07:58,950 --> 00:07:57,440 and 223 00:07:59,670 --> 00:07:58,960 just want to uh i think this is a good 224 00:08:03,270 --> 00:07:59,680 thing 225 00:08:22,710 --> 00:08:03,280 uh 226 00:08:26,469 --> 00:08:24,790 if there's trade secrets if you keep 227 00:08:28,230 --> 00:08:26,479 your invention 228 00:08:30,390 --> 00:08:28,240 behind closed doors 229 00:08:32,870 --> 00:08:30,400 then right if you i'm sort of explaining 230 00:08:34,389 --> 00:08:32,880 that if you if you hide it then someone 231 00:08:37,110 --> 00:08:34,399 could come out and patent it if you 232 00:08:38,949 --> 00:08:37,120 disclose it you can actually then 233 00:08:39,829 --> 00:08:38,959 prevent others from being able to patent 234 00:08:41,750 --> 00:08:39,839 it 235 00:08:44,310 --> 00:08:41,760 one of the things you might run into is 236 00:08:46,150 --> 00:08:44,320 you disclose it and what is it you might 237 00:08:47,350 --> 00:08:46,160 disclose the basic idea and then someone 238 00:08:49,430 --> 00:08:47,360 comes out and finds the little 239 00:08:50,870 --> 00:08:49,440 improvement and patents that and stops 240 00:08:53,509 --> 00:08:50,880 the whole world so you 241 00:08:55,269 --> 00:08:53,519 it's like sometimes being the first 242 00:08:56,550 --> 00:08:55,279 to disclose doesn't necessarily mean 243 00:08:58,710 --> 00:08:56,560 that you've 244 00:09:00,550 --> 00:08:58,720 protected the whole area and that's 245 00:09:07,269 --> 00:09:00,560 actually very common to have later 246 00:09:10,150 --> 00:09:08,710 lot of you um associated with 247 00:09:12,949 --> 00:09:10,160 universities 248 00:09:15,750 --> 00:09:12,959 and uh you have to be very careful 249 00:09:18,389 --> 00:09:15,760 because they all have policies of 250 00:09:20,150 --> 00:09:18,399 technology transfer policies and you're 251 00:09:33,910 --> 00:09:20,160 doing something while you're in the 252 00:09:38,389 --> 00:09:35,990 and some don't have any of these 253 00:09:39,430 --> 00:09:38,399 guidelines and in that case it belongs 254 00:09:41,670 --> 00:09:39,440 to you 255 00:09:49,350 --> 00:09:41,680 so you got to make sure you understand 256 00:09:52,550 --> 00:09:50,949 i've is done patent work with the 257 00:09:54,389 --> 00:09:52,560 university of virginia 258 00:09:55,910 --> 00:09:54,399 a good friend of mine is actually a 259 00:09:57,430 --> 00:09:55,920 patent counsel here 260 00:09:58,870 --> 00:09:57,440 and it took me a while to actually admit