- 23
- 85 472
Elias Borges
Canada
เข้าร่วมเมื่อ 7 ต.ค. 2011
Patent Lawyer in Toronto - weekly video tips, guides and strategies on maximizing the value of your patents, trademarks, inventions and other intellectual property assets.
How to Protect Your Invention and Idea
How to protect your ideas and inventions quickly and without cost - FREE - using a few relatively simple steps. See summary below.
FREE COURSE ON NDAs and CONFIDENTIALITY AGREEMENTS
Check Out The Free Online Course on How to write a custom NDA / Confidentiality Agreement (Link below). It's quick, easy and includes precedent agreements and clauses.
inventive-learning-a37b.thinkific.com/courses/non-disclosure-agreements-making-them-work-for-you
COURSE ON PREPARING & FILING PROVISIONAL PATENT APPLICATIONS
I'm coming out with an online course on how to write, prepare and file provisional patent applications. If you want to save 50% on the cost of the course (normally $400), then please send me an email with the phrase "Provisional Application Course" in the re: line. The email is elias@tmpat.com
Summary of This Video:
Who Will Take Your Idea?
A business partner, an investor, or an employee is probably the most likely people to steal your invention. They will have access to detailed information about your invention and they’ll have plenty of opportunities to pass on those details to someone else or start up a rival enterprise. Potential buyers or licensees of your invention are also likely candidates.
Journal
The easiest thing you can do to protect yourself is to keep a journal. Get yourself a cheap paper journal with blank pages. On the first page, write in your name and date in ink. Then each time you think of an improvement or the next time you do anything in relation to your idea, jot down details into the journal. Number and date the pages as you go along.
Hide Details
Hide critical details of your invention. Critical details should remain secret unless its absolutely necessary to reveal them. You can explain your invention to someone without divulging those details in order to gauge that persons general willingness to be involved in your project. If they prove to you that they are eager to get involved, then you can then take additional steps to protect yourself.
NDA / Confidentiality Agreement
If you need to disclose critical details to someone, then you need to have them sign a non-disclosure agreement (NDA). The key part is to have them signed before you reveal the critical details. You also have to make sure that the person signing the NDA is the party receiving that information.
Effective or De-facto Confidentiality Agreement
You send an email to the person which contains 3 conditions: 1. the information you’re going to reveal is secret, 2. That the information belongs to you, and 3. that they undertake and promise to keep that information secret and not tell anyone else or use the information. In that email, you tell them specifically, “do you accept those terms for me to release that information to you?”. Only release the details upon their written confirmation that they agree to all of these conditions.
Provisional Patent Application
The best method to protect your idea is to file a provisional patent application before you tell anyone. A provisional application can be filed for less than a $100, especially if you do it yourself.
Application after Disclosure
In jurisdictions like the United States and Canada, there is a 12 month grace period to file a patent application from the time of a public disclosure. Out of an abundance of caution you could file a patent application within 12 months of the first disclosure. This protects your patent rights.
Booby Traps
So there is one final thing you can do to protect your invention or idea: you can include “booby traps” in the confidential information. A booby trap is something you insert into the information which has no function except to prove that you’re the source of that information in the event the information is copied. A good example would be to put some non-functioning code into a program or script. The existence of that code in an alleged copy of that program proves conclusively that the copy was stolen from you. Adding elements to the confidential information you’re compelled to release could be a way of later showing that the confidential information came from you. You should detail these booby traps in your journal.
Just Walk Away if You're Feeling Conflicted
If you feel conflicted about releasing critical details and you’re instincts tells you that you just can't trust that person, then just walk away. It’s reasonable to be suspicious, and reasonable people will try to calm your suspicions by providing you with written assurances or by signing a confidentiality agreement.
INDEX:
Introduction: 0.00
Who will take your invention: .40
Idea Journal: 1.30
Hide Details: 2.50
NDA: 3.58
Stealth NDAs: 5.08
Provisional Application: 8.37
After Disclosure Application: 9.35
Booby Traps: 10.27
Final Thoughts: 11.29
FREE COURSE ON NDAs and CONFIDENTIALITY AGREEMENTS
Check Out The Free Online Course on How to write a custom NDA / Confidentiality Agreement (Link below). It's quick, easy and includes precedent agreements and clauses.
inventive-learning-a37b.thinkific.com/courses/non-disclosure-agreements-making-them-work-for-you
COURSE ON PREPARING & FILING PROVISIONAL PATENT APPLICATIONS
I'm coming out with an online course on how to write, prepare and file provisional patent applications. If you want to save 50% on the cost of the course (normally $400), then please send me an email with the phrase "Provisional Application Course" in the re: line. The email is elias@tmpat.com
Summary of This Video:
Who Will Take Your Idea?
A business partner, an investor, or an employee is probably the most likely people to steal your invention. They will have access to detailed information about your invention and they’ll have plenty of opportunities to pass on those details to someone else or start up a rival enterprise. Potential buyers or licensees of your invention are also likely candidates.
Journal
The easiest thing you can do to protect yourself is to keep a journal. Get yourself a cheap paper journal with blank pages. On the first page, write in your name and date in ink. Then each time you think of an improvement or the next time you do anything in relation to your idea, jot down details into the journal. Number and date the pages as you go along.
Hide Details
Hide critical details of your invention. Critical details should remain secret unless its absolutely necessary to reveal them. You can explain your invention to someone without divulging those details in order to gauge that persons general willingness to be involved in your project. If they prove to you that they are eager to get involved, then you can then take additional steps to protect yourself.
NDA / Confidentiality Agreement
If you need to disclose critical details to someone, then you need to have them sign a non-disclosure agreement (NDA). The key part is to have them signed before you reveal the critical details. You also have to make sure that the person signing the NDA is the party receiving that information.
Effective or De-facto Confidentiality Agreement
You send an email to the person which contains 3 conditions: 1. the information you’re going to reveal is secret, 2. That the information belongs to you, and 3. that they undertake and promise to keep that information secret and not tell anyone else or use the information. In that email, you tell them specifically, “do you accept those terms for me to release that information to you?”. Only release the details upon their written confirmation that they agree to all of these conditions.
Provisional Patent Application
The best method to protect your idea is to file a provisional patent application before you tell anyone. A provisional application can be filed for less than a $100, especially if you do it yourself.
Application after Disclosure
In jurisdictions like the United States and Canada, there is a 12 month grace period to file a patent application from the time of a public disclosure. Out of an abundance of caution you could file a patent application within 12 months of the first disclosure. This protects your patent rights.
Booby Traps
So there is one final thing you can do to protect your invention or idea: you can include “booby traps” in the confidential information. A booby trap is something you insert into the information which has no function except to prove that you’re the source of that information in the event the information is copied. A good example would be to put some non-functioning code into a program or script. The existence of that code in an alleged copy of that program proves conclusively that the copy was stolen from you. Adding elements to the confidential information you’re compelled to release could be a way of later showing that the confidential information came from you. You should detail these booby traps in your journal.
Just Walk Away if You're Feeling Conflicted
If you feel conflicted about releasing critical details and you’re instincts tells you that you just can't trust that person, then just walk away. It’s reasonable to be suspicious, and reasonable people will try to calm your suspicions by providing you with written assurances or by signing a confidentiality agreement.
INDEX:
Introduction: 0.00
Who will take your invention: .40
Idea Journal: 1.30
Hide Details: 2.50
NDA: 3.58
Stealth NDAs: 5.08
Provisional Application: 8.37
After Disclosure Application: 9.35
Booby Traps: 10.27
Final Thoughts: 11.29
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I have questions about wether or not you can patent the different options and customization
Get back to me
I have a ideal
Elias, after a mock up video, how do I sell it? th-cam.com/video/JKI1YgnVUgc/w-d-xo.html
how and where place to introduce my product?
I would rather simply read about it than be subjected to the fake pictures and dull narrative of a video like this.
I just want to sell my ideas to get money to pay my rent off before I die,I have not got time to mess about,any suggestions,I'm really desperate now
You still are?
I think it's definitely worth considering filing a provisional first. Thank you for the very clear and concise information.
I could use more help with this please.
I am looking to buy a old expired patent for my bucket list. How can I find one ?
Id like to sell my idea, i have absolutely no money.... is that possible?... this idea is VERY simple yet valuable
Same here,money is problem,but hope you have patented it
Could I hire you? I’m in Tennessee
I'm in stage of contacting companies to see if they do work with inventors from out side, but so far no one replied even by sending 4 reminders!!
Thanks for the info 👍
I have discovered how to collaborate
Hello Mr. Borges - I’ve already filed for patent protection. The problem I am running into is companies have responded to me saying, “we don’t license designs” or “we don’t accept ideas from outside individuals or entities.” I’ve received this response from major corporations and smaller ones. Any suggestions how to get someone to hear my idea? Thank you in advance!
I had a large Australian University try to rip our invention off, literally tried to steal. Definitely would have helped having a journal like this.
I am a key chain inventor, and where can I sell my invention?
Great breakdown Elias. Question: Can you file a patent directly in another country after your US patent has been granted for over a year already?
No. Generally speaking, it’s too late to file by that time. If you filed in another country that late your previous US patent would likely disqualify you from getting a patent. This would be the scenario where filing a PCT application within one year of the US filing would be worth while.
@@PatentToronto Thanks for that response, Couldnt find that answer anywhere
What a great video!! Thanx! Your awesome!
what about the EPO?
I thank you so much for your informations sir
What about the benfits of filing in a region, with a single application, lets say EPO?
عقل الانسان ليس له حدود . المخترع د-اسامه باهديلة
Hi.. I have a lot of ideas I need to realise one of them .. can you contact me in private
Excellent videos. Thank you. A suggestion: could you please explain patent brokerage?
right it is great scam,,,,Patent protection system is nothing in this world. inventor should be homeless....
Hey, Mr. Elias, is there any way by which I could profit from others committing copyright infringement (by taking a commission for reporting it to the copyright owner) ? Thanks
Just found your channel today, it's brilliant thanks ever so much.
Great advice, thanks. Do you have any examples of products you have successfully helped to market?
Hi do you have examples of products you have successfully patented and help take to market ? Thanks
I search a thing for what I am thinking. But there are more than 10000 pages for that product. So how can I reach that product which am I really think about it? Because it is impossible to read the detail of that 10000 pages for me as well as any person.
Sir I have an idea regarding cure one disease which is not possible still date. But suppose I dont know wether this idea will success of not. So what can I do for that? At first pattentize that Idea or do sure that this idea will work 100 % surely? Will you guide me sir please ?
Thank you for such an informative video. Question: If I am making 2 versions of a product..one with a metal buckle and one with plastic, does that require 2 separate patents? Thanks
Generally no. You can draft a patent application so that it covers minor variations of your invention. Hence, the patent will cover the same invention even if the parts of the invention are made of different materials. In your case, the patent would ideally specify that the buckle could be made of any suitable material such as metal, plastic, bone, tortoise shell or the like.
York, UK. Thank you for this great advice. Like many small business owners, I have a limited budget which I need to maximise. 😊
I’m glad you liked it.
Thanks for your videos. They are very informative.
Glad you like them!
What is your advice for people with smaller inventions? I have a number of ideas and even prototypes that may be worth hundreds of thousands or a few million in REVENUE if they could reach the right markets. The profits could be significant to myself, but Companies seem to only be searching for products worth millions in PROFITS. If an idea isn't big enough to start an entire company around, and I can't get an established company to buy it... is it just a worthless idea?
Apple computers was started by Steve Jobs and Steve Wozniak out of a garage where they hand manufactured and sold a single board computer (Apple 1 computer) into a tiny market. The market for personal computers was minuscule at the time, but grew quickly. They could not license the product at the time because the market was too small, so they had to do it themselves. Sometimes, you have to do it yourself and become a manufacturer.
@@PatentToronto Apple was founded 48years ago
True - the point is, at the time, they decided to become manufacturers because they couldn’t sell their idea any other way. Many inventions are very difficult to license or sell to a company because the market is perceived to be too small or insufficiently profitable, in which case the only option might be to go into production yourself.
Like you, I was highly discouraged to find info like this video duplicated in every book I read and began to think my ideas just collect dust in a notebook. But then I watched a family member's new company follow this advice to the letter. They spent 5 years and over $200k on attorneys and filing charges. They got a patent license with the USPTO and WIPO after about 5 years of hard work. They contacted many companies before the patent was awarded and shared video of the prototype in action and major brands were interested. Once they had a patent license, they took it to the major snow sport company that had been very interested, but they turned them down. Every company did, in fact, citing the 15 years of exclusivity, rather than the standard 20 as the reason. Not one book or attorney mentioned this can happen, but I'll bet it occurs more often than outright patent theft. I realize now that the patent system is extremely hostile towards individuals in favor of huge corporations with entire R&D departments and patent portfolios. Perfect proof is the change to 'first to file' which awards patent rights to the first person with the money to file, even if they are 'sniping' someone else's ideas. I'm not a legal expert, but you might take a look at InventRightTV (I'm not a customer, but I'm looking for an alternative like you) . Maybe something like that would work better for you. They advise against filing a patent before licensing, as well as 'lawyering up' before a company agrees to license something. They claim it's the common advise because everyone giving it is a patent attorney who wants to be hired. They say theft is almost unheard of. So it could be that 'several cases' like he mentions in the beginning means several in his whole career, because actual theft is extremely rare. Like 1 out of millions of licensing/NDA deals.
What an interesting video. I have done most everything suggested in this video and have found you to be correct in your analysis. I have had two major companies and one smaller company express deep interest in my prototyped and patented product only to be rejected as the process continued due to back logs of their own products. I am continuing my search for a license agreement.
Keep up the good work and be persistent. It’s hard work, but I’ve seen with my own eyes that it can lead to success.
Hey can you describe the process you took to reach out to them? And how is it going now?
@@GirlysGurl I devised a portable setup to demonstrate my product. Went to the Tampa RV show and personally showed it to multiple companies. Currently, I have a major company that has expressed interest but as of yet, no cigar.
WONDERFUL
Very good video Elias!
Thank you.
Are a jew or something? Never seen such "diversity" bullshite in such a video before.
Hey! I’m Brazilian but I want patent on USA. U can help me out on that?
Sorry, I’m retired from providing direct services to clients. I suggest you google “registered US patent agent” and select from the results. Alternatively, the US patent office keeps a list of patent agents - go to www.USPTO.gov and find the list.
Just wondering how long licensing agreements usually last for and can they be inherited
Thank you ❤️
Well I just fled up damn !!!!’
I have a lot of inventions and I have a impressive im working the detail out it’s not complicated either that will save many many lives I just don’t have the funding I don’t want to be labeled a visionary I just started watching your videos because I have so many things that come to mind and will go back to work them out but there’s one thing I’m working on will save lives it will keep sober people sober it’ll keep attics in check save children from getting a hold of narcotics it is a more way of way of monitors folks I know this is huge I do know government and state will pick it up Thell want it in every household where narcotics or any medication are prescribed it solves a big problem in this nations all my other concepts So it looks like I’m gonna need a grant or the right investor
Sounds intriguing.
Great guidance
Man, I have to say that you've done a hell of a job! These videos and the course you have are just beyond useful and informative... I would like to ask you: If you have a provisional patent, would that eliminate the necessary need for an NDA? And will just depend on the provisional? Or maybe provisional + the email agreement you mentioned? And how about recording every single call with them... that would be powerful evidence in case they stole the idea... right? Finally, I wanna thank you for your amazing job, and I've just subscribed and am looking forward to your next upcoming videos!
Yes! Building a good paper trail is a great way to reinforce your rights. The provisional application is necessary to secure your rights, but together with a NDA, you have as much protection as is legally possible.
@PatentToronto thanks for responding. I mean, in case they didn't agree to sign an NDA, recording every single call is powerful since any stupid move from them will lead to publishing everything online, and then later they lose reputation... which I think is far worse than a lawsuit.
The USPTO offers a pro-bono program for financially challenged inventors.
any idea what companies will make a tool i have a US patent on? i have working prototypes, have shipped them to a couple of tool companies, but looking like i need to have someone make it for me
I suggest you use a business directory and search for companies that might be able to manufacture the product for you. You could try metal fabricators.