I'm soooo happy Crash Course is covering something that is law-related. Even though its based on the legal system of the US. I find that its great insight for non-american viewers, (like myself), great for comparison.
5:54 As an owner of a pet parrot, I can absolutely say that a bird diaper sounds like a wonderful invention that is completely worth the resources needed to issue the patent.
20 to 25 years? That's not half bad. OK, it's a few years longer than I've been alive, but compared to copyright which is 100+ years *after* the author dies, this seems very much decent.
SangoProductions21 with the speed technology advances now-a-days 25 years might as well be 100. i find such broad legislation to be pretty poor since it does not take into account the speed in witch new technologies in certain areas are developed, nor does it protect the people who NEED the said invention to live, like new types of drugs that could potentially save THOUSANDS of people who would already NOT be able to acquire said drugs anyway so should not be considered has the pharmacological industries loosing profit (what profit do they loose if the people being treated would NOT buy their medication anyway?)
SangoProductions21 I don't think the author's life should come into it at all. A fixed amount of time would be much easier to deal with. You see something say (c) 2010, you'd immediately be able to work out when you could do what you like with it without having to look up how old the author was when it was made and guess at how much longer they can be expected to live.
Idea for improving patent law: Instead of giving monopoly rights to the inventor, government should simply pay the inventor for the rights and then release the patent to the public. Inventors have a direct incentive to come up with new stuff, and the public gets the full benefit (which they are paying for with tax money). Having monopoly rights for such a long time period does not make sense with the current rate of technological advancement. This is of course a band-aid to make patent law work with capitalism. Fixing capitalism itself would be a much better solution long-term.
As an innovator I think patents are making my job harder. Because how some patents have been approved for things that is not in production, it is very difficult to make sure no part of the new innovation infringes on a existing patent. It is also werry expensive to file for a patent. My company keep my innovation secret instead because we cant afford patenting it.
psrdirector In this day and age that may be better, because now I cant use a bright idea I came up with just because someone else has pattend it when he came up with it years ago. And there is no good way of researching pattented solutions to make them useful. There are simply put too many innovations it is hard to keep track of them all, so pattents are now an obstacle beccause you need to avoid them.
well then your bright idea not to bright or orginal. if its a good idea, license it from the person with the patent or wait for it to expire. or think of a new better solution
psrdirector I think it is brilliant. It costs a few dollars, and saves us a shift of machining, which in turn makes one of the machines in our machine-shop obsolete so we can replace it with one more modern. (We need to have it for this only operation, and it is the only machine that can do that because it is old and don't have all those safety features newer machines has. But as I said in the earlier post. It is expensive to pattern, impossible to notice if someone is infringing on the pattern so we just keep it secret and hope someone else don't pattern it and find a way to notice we are doing it.
The recent Hague Treaty for international filing of design IP protections actually extends US Design Patent protection to 15 years starting with applications filed on or after May 13, 2015.
I have a few questions about patents. I have an idea for a patent. But it's the combination of two things that are already made but not working in the way I think they should be. I can prove that they work with math and through photos. Do I need to make the new product in order to file and obtain a patent? Or is it enough to just show how it works and prove that it can work?
Braden Smith Show the new combination And its Result being An New combination Of Two Innovations in to A new Invention, Provitional Patent it And Do "Constructive Reduction To Practice "plus Actual "Reduction to practice"
So recently I competed in a county science fair in which I successfully designed an apparatus and method to cleaning out bacteria from water without the fancy reverse osmosis mechanism. I have tested my apparatus and tend to test it much, much more over the summer. But I wondered if I could possibly patent this? The design is relatively simple and the closest patent design to my apparatus is the Hoffman apparatus for the use of electrolysis on liquids in a chemistry lab. My purpose is obviously different and the design is quite different also. I had planned to work on a patentable explanation and research notes but the last few seconds of this video made me think again. If this water treatment apparatus could be useful, will I still be able to patent it regardless?
8:01 The sign on the building says "Prescott Pharmaceuticals," which was a fake company Stephen Colbert featured in medical segments on his show. So if it's made up, does that mean it can still be copyrighted? If it already is, then this series has suddenly become a lot more meta.
So, what are the differences between copyright and patent? I mean an novel technology could be considered as an art too right? What about new guitar or piano? Do they count as a patent or copyright? And I think it is ridicilous when copyright are far more longer and easier to registered than the patent.
In the broad sense, almost *every* trade is an "art". Mechanics, Chemistry, writing, landscaping, acting - all *arts* (Fun fact, if you record a third-grade play on your phone, you are violating copyright for the play, the set dressers, the composer of any music, the musicians playing it, the costumers, and the individual performances [by commission] of each and every actor including your own little Jimmy playing the tree in the back.) Think of *copyright* as "performances and records thereof" and *patents* as "lists of instructions for building and operating tools". You can thank Disney for super-long copyright times. When that mouse finally goes Public Domain, they are going to take a real hit in the merchandising. Personally, I think a period of "lifetime + 20 years" is plenty. It covers the author and any potential widows and orphans if the author dies young. Longer than that skews to corporate interests.
A patent focuses on the design aspects of the product, and how the inventor came to that conclusion. Copyright focuses on the manner in which ideas and opinions are expressed. The defining feature is if the product is a "manner of manufacture" or has some useful utility. In the eye of the law art, historically lacked this element.
3:54 What if your creation is so ingenious that no peers exist (at the point of patenting) that can explain it and verify its usefulness? I know this is largely hypothetical, but we have a few pretty damned profound geniuses out there.
I'm thinking of doing my dissertation on Intellectual Property, only problem is that I don't know anything about this subject except the most basics. Is there any one that has done IP (in the UK) at uni that are the most debated and controversial topics? Thank you if anyone does reply lol
AntiMessiah Most large companies, or those that work with overseas companies, file their patent in multiple countries at the same time, to prevent anyone else from patenting their idea in another country. To do this, they have a massive amount of due diligence to do, checking to see if it has been patented somewhere else. But, technically US patents only work in the US. direct quote from Legal Zoom (www.legalzoom.com/articles/does-your-us-patent-trademark-or-copyright-protect-you-overseas): "There is no "international patent" that will protect an invention all over the world. A separate patent must be filed in each country where the patent owner seeks protection. Fortunately, WIPO offers a Patent Cooperation Treaty (PCT) application, which simplifies the application process and allows one application to be filed for patent protection in multiple countries. Patent fees and requirements differ significantly by country, so it is advisable to consult a registered patent attorney who is familiar with the intellectual property laws of the specific countries where a patent is sought."
Kathryn Davidson Just as there's the Berne Convention for copyright, there's the Paris Convention for the Protection of Industrial Property for patents, however.
Stan - great video, but you made a mistake. Design patents last for 14 years from the DATE OF ISSUE, not the date of filing! I'm a patent attorney and it set off an alarm when I came across that. Source: PatentLawNY.com ; MPEP 1505, and 35 CFR 173 which states, "Patents for designs shall be granted for the term of fourteen years from the date of grant."
Michael Feigin I also want to mention ... utility patents used to be 17 years from the date of issue but people would 'game' the system and make what was called "submarine patents." They wouldn't be published and they would just file continuation after continuation and amend the claims ... then when the market was right (which could be 20+ years after filing) they'd get the patent issued and go after everyone ... or, they'd have one patent issue and file continuations with more patents forever. There are still patents stemming from pre-1995 when the law was changed. A guy who invented a semi-conductor in the 1970s tried to argue in 2014 (coincidentally when his prior patents expired) that the patent office never responding to one of his continuing patents and so it was still valid and should now be issued would would allow him yet another 17 year term to sue everyone making a semiconductor. In theory, that would have worked. For some reason, when the law was changed from '17 years from date of issue' to '20 years from date of filing' (with patent term extension for undue delays on the part of the patent office which would cause you to get less than the 17 year effective term), they did not change the law for design patents. My guess is it was just forgotten or not really an issue since design patents are so much narrower and examined faster, but you could theoretically still game the system to get longer term for a design patent. ... If you need a guest speaker, I've got some videos on my website as samples ... for a patent attorney, I'm charismatic. :)
So I'm curious to know if this could be protected. If, as a scientist, I somehow discovered a way to make interdimensional portals. All though the portal abides by nature and the laws of physics, if the portal will only appear if constructed properly, is the portal patentable?
So, If my idea is more valuable as a secret than as a patent, am I allowed to not patent it and not disclose my design? Is there any legal protection for a production secret that I don't want to disclose?
bluewales73 That would fall under 'trade secret' laws. The protections only really kick in when the source of someone else's work can be traced back to the secret holder. Independent discovery is not prohibited.
bluewales73 I believe that's called a 'trade secret' and the legal protection associated with it is that you have to actively protect the secret. In other words, if you go around telling your friends about your secret, than it's no longer secret, and you have no protection. You can't apply for a patent, either, because a patent requires full disclosure of the information. If, however, you have tight security on the secret and only tell those who have a need to know and have those people sign NDAs, then you may have legal grounds to go after a spy who manages to get a hold of the secret. That's probably not a perfect explanation, but I think that's the idea. I don't think trade secrets, by their nature, have very extensive protection beyond the security a company places around them. For reference, an example of a trade secret would be Coca-Cola's recipe.
mjk506 It is actually the 4th video: 1 - Introduction to Intellectual Property 2 - Copyright Part 1: Basics 3 - Copyright Part 2: Exceptions and Fair Use 4 - Patents, Novelty, and Trolls Thanks for the kind words! - Thought Cafe James
I wonder if there'll be an episode dedicated to a more thorough examination of the patent troll legislation. It's been pending in congress for a while now.
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TheFireflyGrave I don't think so, ClashCourse doesn't go into that many details, that's something you gotta find out for yourself if you want to know it (not trying to be mean though).
I have a question. BACKGROUND: The year is 2050 almost every usable water resource has been used and only ocean water is the source of water we have with us. Inventors from whole world are trying to find the most efficient way to convert ocean's water to usable water. Now suppose I found a technique to convert ocean water to drinkable water with an efficiency of 90%. Now if I go to patent this technology while be able to patent it despite of the fact that the whole world need this technology real bad and won't able to survive without this technology. P.S: I know its hypothetical but I wanted to know whether under current laws is this possible.
so i had an idea for a crash course series, and i called pbs and they fowarded me to voicemail. should i just go on thought cafe's website and see if there's someone i can call there? or should i just ignore myself too?
They should make it so that if you have a patent on something, instead of only you being able to make it, anyone could make it, but they would have to give you half the profits.
Correction - design patents filed before 5/13/15 have a term of 14 years from issuance (NOT filing). Design applications filed after 5/13/15 have terms 15 years from issuance.
Jacob Staub As others have said, that would be a trademark and not a patent, which is a very different beast. Of the IP types, trademark is probably the sanest and least contentious one, but occasionally a high profile example like King's trademark of Candy and it gets a lot of attention. In general, trademarks are a lot more narrow than people think and are primarily intended to prevent confusion or deception regarding the source of a product. Even companies within the same industry can have identical text trademarked but different representations and not be in conflict with each other. This does not mean companies do not sometimes abuse their trademarks like King did, but the court cases are not nearly as expensive as patent ones and are much easier to fight.
Okay... but what if I use vacuum decay and apply it to the fabric of space in a specific manner so as to alter the existing laws of physics according to a well thought out critical design? Wouldn't THOSE new laws of physics be my invention?
This concept of patenting innovative things that have great benefit and utility for the commonwealth is not conducive (contradicting actually) to sharing and spreading this great benefit and utility to a given commonwealth to its full-potential, instead it is restricting the adoption of these benefits and/or utilities to achieve a benefit other than the one conceived for society. Let us not confuse honor for financial compensation and legal entitlement. Patenting innovative items goes against what innovation is by saying synonymously "I stand for change; except the changing of my change" How can one truly deliver innovation to society if this innovation brought to society cannot be further innovated by society until a monopoly has grown? Innovation should very well be innovative itself. Creators of new product deserve acknowledgement for their work to the highest degree, yet legal entitlement should not be the means of acknowledgement for the sake of creating (innovating) further for the benefit of society.
Thank you for your videos, they are great. I have a question: In the case of that gene you mentioned that predicts cancer. I guess the company ended pattenting something that sais like "any detection method that use that gene to predict cancer". I have seen that in several patents in google, but they are definitly not describing the detection method itself. They might describe one method, but they cannot describe detection methods that will be invented in the future of course. However, if someone is to develop a new detection method for this gene, does he has to pay royalties to the company that patented in such an ambiguous and ubiquotous way? As I said, several patents say things like that in order to give a big "umbrella" to the company that made the discovery. I wonder if that is correct, meaning that it can be considered in court. Thanks for the answer! great show!
Pablo C In theory at least, if someone develops a mechanically unique method of detecting the same genes then they would not have to pay any royalties since knowledge of the gene itself can not be patented.
So the advantadge of patents is public disclosure, but I'm not quite sure what's explicitly good about this since the the inventor holds sole rights. Can someone clear this up for me?
Don't Apple's design patents include things as ubiquitous as the square, the rectangle, the concept of the rounded corner and the concept of the screen bezel?
***** well if you take into account people have patented emoticons and numbers these days. One could say the patents system is pretty broken right now.
***** No, it's a bit of a media fuzz. There are solid arguments that Apples patents are too broad, but they don't own the concept of the rounded corner except for some extremely specific corner roundings in some extreme specific contexts. Again, still arguably disgusting that such a thing is even possible, but Apple can't sue brick-house makers.
DoggySpew I think you are missing the point. Any of the plant patents aren't grown from natural seeds and are produced only by man asexually. It is organic but it isn't something that can just happen without human intervention. So, no, it isn't a patent on life.
***** well those dogs coulds certainly not last long in nature without human intervention and some have been "man made" so to say..... *runs to the patents office*
Alim Rahman google the longer phrase "more such men come to us every day from divers parts", and you can find the book they've quoted from. The original source used the archaic spelling "divers". they've got this one correct.
Well to be fair to the Venitians' high opinion of their city, none of them ever went to New York. For what it's worth, I'm pretty sure Venetian pizza is quite good as well.
No, he (or rather, his company) actually took over production of the drug, and was able to expand research due to the extra profits (it had gone over half a century without any research towards reducing the sometimes life-threatening side effects of the drug). This is a pretty common strategy in the pharmaceutical industry, from what I've heard. The increased price also encouraged a different firm to start the process of creating/approving a generic version of the drug.
it is simple. if someone holds more than 4 patents and has not developed at least one of them in the last 5 years. then they cannot enforce the patent restriction on another inventer
I'm soooo happy Crash Course is covering something that is law-related. Even though its based on the legal system of the US. I find that its great insight for non-american viewers, (like myself), great for comparison.
Felt the same ✌️ crash course 😍
I'm happy to see Stan on these things. You seem like a natural on the camera!
jchobbit Wait, if Stan's in front of them camera, who's directing?????
TheJaredtheJaredlong Mark
Lord Spoice Who the eff is Mark?
TheJaredtheJaredlong He is a camera worker
+jchobbit Yep. I'm a Stan Fan, too.
5:54
As an owner of a pet parrot, I can absolutely say that a bird diaper sounds like a wonderful invention that is completely worth the resources needed to issue the patent.
Thank you for all the Videos "Intellectual Property"
20 to 25 years? That's not half bad. OK, it's a few years longer than I've been alive, but compared to copyright which is 100+ years *after* the author dies, this seems very much decent.
Literature does not provide any service or improve anyone's life. Technology especially medical does and should be made as short as possible.
SangoProductions21 with the speed technology advances now-a-days 25 years might as well be 100. i find such broad legislation to be pretty poor since it does not take into account the speed in witch new technologies in certain areas are developed, nor does it protect the people who NEED the said invention to live, like new types of drugs that could potentially save THOUSANDS of people who would already NOT be able to acquire said drugs anyway so should not be considered has the pharmacological industries loosing profit (what profit do they loose if the people being treated would NOT buy their medication anyway?)
***** yes. I know how long it was originally. It still doesn't make 20 years seem unreasonable.
SangoProductions21 I don't think the author's life should come into it at all. A fixed amount of time would be much easier to deal with. You see something say (c) 2010, you'd immediately be able to work out when you could do what you like with it without having to look up how old the author was when it was made and guess at how much longer they can be expected to live.
***** exactly
Stan, Mark, CrashCourse as a whole!-- this series is awesome! Keep it up!
I was amused by the Colbert Report reference at 8:01-8:07. Bravo, Thought Bubble!
Idea for improving patent law: Instead of giving monopoly rights to the inventor, government should simply pay the inventor for the rights and then release the patent to the public. Inventors have a direct incentive to come up with new stuff, and the public gets the full benefit (which they are paying for with tax money). Having monopoly rights for such a long time period does not make sense with the current rate of technological advancement.
This is of course a band-aid to make patent law work with capitalism. Fixing capitalism itself would be a much better solution long-term.
SchiferlED We should copyright your idea! and also patent design it.
We need a 8-ball viewer when Stan shakes it
Or he needs a patent for a machine for putting the icing on a cake so he could earn more money than he did in the crash course economics video.
I'm amazed at how engaging you are.
After crash course finishes it's youtube run, it would make a great online university
PRESCOTT PHARMACEUTICALS OMG!!! The thought bubble animators ROCK!
This is my favorite crash course, and I love them all!
So patent trolls are vulnerable to ketchup?
*Puts fire away, begrudgingly.
PRESCOTT PHARMACEUTICALS! ( 8:03 )
I miss Colbert so much...
As an innovator I think patents are making my job harder. Because how some patents have been approved for things that is not in production, it is very difficult to make sure no part of the new innovation infringes on a existing patent. It is also werry expensive to file for a patent. My company keep my innovation secret instead because we cant afford patenting it.
MaskinJunior how would you improve it? the alternatives is all innovations are kept secret if they want to make a profit
psrdirector In this day and age that may be better, because now I cant use a bright idea I came up with just because someone else has pattend it when he came up with it years ago. And there is no good way of researching pattented solutions to make them useful. There are simply put too many innovations it is hard to keep track of them all, so pattents are now an obstacle beccause you need to avoid them.
well then your bright idea not to bright or orginal. if its a good idea, license it from the person with the patent or wait for it to expire. or think of a new better solution
psrdirector I think it is brilliant. It costs a few dollars, and saves us a shift of machining, which in turn makes one of the machines in our machine-shop obsolete so we can replace it with one more modern. (We need to have it for this only operation, and it is the only machine that can do that because it is old and don't have all those safety features newer machines has.
But as I said in the earlier post. It is expensive to pattern, impossible to notice if someone is infringing on the pattern so we just keep it secret and hope someone else don't pattern it and find a way to notice we are doing it.
from that vauge description doesnt even sound patentable
Is that a Colber Report reference (8:00) I see?
I love these new series
Take breaths when you talk. It makes for better hosting and sounds a lot more pleasant to listen to! From the perspective of the audience
The recent Hague Treaty for international filing of design IP protections actually extends US Design Patent protection to 15 years starting with applications filed on or after May 13, 2015.
The Merchant Marine-picture xD Also I love the roasting of that ball.
Thank you so much. CC is really a "blitz" of crucial information!
I really think you guys should make a crash course engineering series! That'd be really awesome.
I like that Colbert Report reference in the Prescott Pharmaceuticals sign!
I didn't even know these existed on crash course! Stan, you're awesome.
I have a few questions about patents.
I have an idea for a patent. But it's the combination of two things that are already made but not working in the way I think they should be. I can prove that they work with math and through photos. Do I need to make the new product in order to file and obtain a patent? Or is it enough to just show how it works and prove that it can work?
Braden Smith Show the new combination And its Result being An New combination Of Two Innovations in to A new Invention, Provitional Patent it And Do "Constructive Reduction To Practice "plus Actual "Reduction to practice"
Thanks, man! I needed this crash course!
Love you guys! Keep up the great work!
Patenting is something very important for big visionaries!
I loved this video as always. When does episode 5 come out? I was just wondering because it's been a week.
So recently I competed in a county science fair in which I successfully designed an apparatus and method to cleaning out bacteria from water without the fancy reverse osmosis mechanism. I have tested my apparatus and tend to test it much, much more over the summer. But I wondered if I could possibly patent this? The design is relatively simple and the closest patent design to my apparatus is the Hoffman apparatus for the use of electrolysis on liquids in a chemistry lab. My purpose is obviously different and the design is quite different also. I had planned to work on a patentable explanation and research notes but the last few seconds of this video made me think again. If this water treatment apparatus could be useful, will I still be able to patent it regardless?
Justin Callahan get it Patent Pending Status!
8:01 The sign on the building says "Prescott Pharmaceuticals," which was a fake company Stephen Colbert featured in medical segments on his show. So if it's made up, does that mean it can still be copyrighted? If it already is, then this series has suddenly become a lot more meta.
At 1.33-1.34 Stan says “diverse parts” but it reads “divers parts”.....tis’ all. Thanks for all that you do Crash Course DFTBA!!!
Can you do a video only on patent troll, I did not quite understand what they are doing and why they are doing it
So, what are the differences between copyright and patent? I mean an novel technology could be considered as an art too right? What about new guitar or piano? Do they count as a patent or copyright?
And I think it is ridicilous when copyright are far more longer and easier to registered than the patent.
In the broad sense, almost *every* trade is an "art". Mechanics, Chemistry, writing, landscaping, acting - all *arts*
(Fun fact, if you record a third-grade play on your phone, you are violating copyright for the play, the set dressers, the composer of any music, the musicians playing it, the costumers, and the individual performances [by commission] of each and every actor including your own little Jimmy playing the tree in the back.)
Think of *copyright* as "performances and records thereof" and *patents* as "lists of instructions for building and operating tools".
You can thank Disney for super-long copyright times. When that mouse finally goes Public Domain, they are going to take a real hit in the merchandising.
Personally, I think a period of "lifetime + 20 years" is plenty. It covers the author and any potential widows and orphans if the author dies young. Longer than that skews to corporate interests.
A patent focuses on the design aspects of the product, and how the inventor came to that conclusion.
Copyright focuses on the manner in which ideas and opinions are expressed.
The defining feature is if the product is a "manner of manufacture" or has some useful utility. In the eye of the law art, historically lacked this element.
Will you guys talk about trade secrets?
I actually just recently learned about plant patents for my micropropagation course
prescott pharmaceuticals ahh... I miss the colbert report
The patent for drugs are from the date they were invented or from the date the are FDA aproved?
Interesting information. I enjoyed it to the end
3:54 What if your creation is so ingenious that no peers exist (at the point of patenting) that can explain it and verify its usefulness? I know this is largely hypothetical, but we have a few pretty damned profound geniuses out there.
I'm thinking of doing my dissertation on Intellectual Property, only problem is that I don't know anything about this subject except the most basics. Is there any one that has done IP (in the UK) at uni that are the most debated and controversial topics? Thank you if anyone does reply lol
Was pretty clear and concise to me xD
Great Video!!!
Are Patents country specific?
Will a UK patent be honored in USA or vice versa?
If so, do we have a common law to support this?
AntiMessiah Most large companies, or those that work with overseas companies, file their patent in multiple countries at the same time, to prevent anyone else from patenting their idea in another country. To do this, they have a massive amount of due diligence to do, checking to see if it has been patented somewhere else. But, technically US patents only work in the US.
direct quote from Legal Zoom (www.legalzoom.com/articles/does-your-us-patent-trademark-or-copyright-protect-you-overseas): "There is no "international patent" that will protect an invention all over the world. A separate patent must be filed in each country where the patent owner seeks protection. Fortunately, WIPO offers a Patent Cooperation Treaty (PCT) application, which simplifies the application process and allows one application to be filed for patent protection in multiple countries. Patent fees and requirements differ significantly by country, so it is advisable to consult a registered patent attorney who is familiar with the intellectual property laws of the specific countries where a patent is sought."
Kathryn Davidson Just as there's the Berne Convention for copyright, there's the Paris Convention for the Protection of Industrial Property for patents, however.
Kathryn Davidson Thank You.
Stan - great video, but you made a mistake. Design patents last for 14 years from the DATE OF ISSUE, not the date of filing! I'm a patent attorney and it set off an alarm when I came across that. Source: PatentLawNY.com ; MPEP 1505, and 35 CFR 173 which states, "Patents for designs shall be granted for the term of fourteen years from the date of grant."
Michael Feigin I also want to mention ... utility patents used to be 17 years from the date of issue but people would 'game' the system and make what was called "submarine patents." They wouldn't be published and they would just file continuation after continuation and amend the claims ... then when the market was right (which could be 20+ years after filing) they'd get the patent issued and go after everyone ... or, they'd have one patent issue and file continuations with more patents forever. There are still patents stemming from pre-1995 when the law was changed. A guy who invented a semi-conductor in the 1970s tried to argue in 2014 (coincidentally when his prior patents expired) that the patent office never responding to one of his continuing patents and so it was still valid and should now be issued would would allow him yet another 17 year term to sue everyone making a semiconductor. In theory, that would have worked.
For some reason, when the law was changed from '17 years from date of issue' to '20 years from date of filing' (with patent term extension for undue delays on the part of the patent office which would cause you to get less than the 17 year effective term), they did not change the law for design patents. My guess is it was just forgotten or not really an issue since design patents are so much narrower and examined faster, but you could theoretically still game the system to get longer term for a design patent.
... If you need a guest speaker, I've got some videos on my website as samples ... for a patent attorney, I'm charismatic. :)
Michael Feigin pretty sweet stuff! I'll check it out for sure
Michael Feigin ohhh talk patent to me:)
Heidi JB :)
Are you going to do an episode on fashion? Fashion is pretty interesting due to the large range coping that is allowed.
Thanks for the video on patents, Crash Course!
You know what, Stan? I'm beginning to suspect that the "answers" from the Magic 8-ball are a little too convenient . . . WE DEMAND PROOF!
So I'm curious to know if this could be protected. If, as a scientist, I somehow discovered a way to make interdimensional portals. All though the portal abides by nature and the laws of physics, if the portal will only appear if constructed properly, is the portal patentable?
the device could be patented.
Excellent video - thanks!
If you patent something in country A can someone from country B still make your invention independently since you didn’t file for patentcy?
Thank you for this video, I learned a lot.
So, If my idea is more valuable as a secret than as a patent, am I allowed to not patent it and not disclose my design? Is there any legal protection for a production secret that I don't want to disclose?
bluewales73 That would fall under 'trade secret' laws. The protections only really kick in when the source of someone else's work can be traced back to the secret holder. Independent discovery is not prohibited.
bluewales73 I believe that's called a 'trade secret' and the legal protection associated with it is that you have to actively protect the secret. In other words, if you go around telling your friends about your secret, than it's no longer secret, and you have no protection. You can't apply for a patent, either, because a patent requires full disclosure of the information. If, however, you have tight security on the secret and only tell those who have a need to know and have those people sign NDAs, then you may have legal grounds to go after a spy who manages to get a hold of the secret. That's probably not a perfect explanation, but I think that's the idea. I don't think trade secrets, by their nature, have very extensive protection beyond the security a company places around them. For reference, an example of a trade secret would be Coca-Cola's recipe.
Best video really useful
Really helpful video, thanks!
Am I missing something here, this is the 3rd video but is labeled as IP video #4? Love the series and keep up the great work!
mjk506 It is actually the 4th video:
1 - Introduction to Intellectual Property
2 - Copyright Part 1: Basics
3 - Copyright Part 2: Exceptions and Fair Use
4 - Patents, Novelty, and Trolls
Thanks for the kind words! - Thought Cafe James
Stan the man
I wonder if there'll be an episode dedicated to a more thorough examination of the patent troll legislation. It's been pending in congress for a while now.
TheFireflyGrave I don't think so, ClashCourse doesn't go into that many details, that's something you gotta find out for yourself if you want to know it (not trying to be mean though).
Copyright length should be reduced to patent length.
What about software patents?
I have a question.
BACKGROUND: The year is 2050 almost every usable water resource has been used and only ocean water is the source of water we have with us. Inventors from whole world are trying to find the most efficient way to convert ocean's water to usable water.
Now suppose I found a technique to convert ocean water to drinkable water with an efficiency of 90%. Now if I go to patent this technology while be able to patent it despite of the fact that the whole world need this technology real bad and won't able to survive without this technology.
P.S: I know its hypothetical but I wanted to know whether under current laws is this possible.
Shivam Rawat : Sudden death- poisoning
so i had an idea for a crash course series, and i called pbs and they fowarded me to voicemail. should i just go on thought cafe's website and see if there's someone i can call there? or should i just ignore myself too?
They should make it so that if you have a patent on something, instead of only you being able to make it, anyone could make it, but they would have to give you half the profits.
I haven't seen a new episode of this in almost 2 weeks. Does that mean it's over? Will the economics series start now?
Where do I find help Digitizing a Patent (pending) "Utilities" Software project
Those 8 ball answers.. Lol..
Correction - design patents filed before 5/13/15 have a term of 14 years from issuance (NOT filing). Design applications filed after 5/13/15 have terms 15 years from issuance.
so how does a company like King get a patent on the word candy?? Would it be a design patent because it is definitely not a utility?
Jacob Staub that would be a trademark and it's only applicable in that field
Jacob Staub As others have said, that would be a trademark and not a patent, which is a very different beast. Of the IP types, trademark is probably the sanest and least contentious one, but occasionally a high profile example like King's trademark of Candy and it gets a lot of attention.
In general, trademarks are a lot more narrow than people think and are primarily intended to prevent confusion or deception regarding the source of a product. Even companies within the same industry can have identical text trademarked but different representations and not be in conflict with each other. This does not mean companies do not sometimes abuse their trademarks like King did, but the court cases are not nearly as expensive as patent ones and are much easier to fight.
Jacob Staub Because the person who agreed to let King have that trademark is a fucking idiot.
whoops got the two mixed up. It was really early haha
ok so I have an idea, where do i go to see if it already has a patent?
Thank You 🎓
Can you explain how much is detailed disclosure with respect to hiding the secret sauce?
whats the 4th requirement for utility patent?
Okay... but what if I use vacuum decay and apply it to the fabric of space in a specific manner so as to alter the existing laws of physics according to a well thought out critical design?
Wouldn't THOSE new laws of physics be my invention?
Does anyone know where I can find the citations for the information in this video?
CRASH COURSE PHYSICS!!!! I NEED
Did you guys fortget to grade the material? Looks a little dull and lacks contrast.
Horst Wrabetz and yellow
This concept of patenting innovative things that have great benefit and utility for the commonwealth is not conducive (contradicting actually) to sharing and spreading this great benefit and utility to a given commonwealth to its full-potential, instead it is restricting the adoption of these benefits and/or utilities to achieve a benefit other than the one conceived for society. Let us not confuse honor for financial compensation and legal entitlement. Patenting innovative items goes against what innovation is by saying synonymously "I stand for change; except the changing of my change" How can one truly deliver innovation to society if this innovation brought to society cannot be further innovated by society until a monopoly has grown? Innovation should very well be innovative itself. Creators of new product deserve acknowledgement for their work to the highest degree, yet legal entitlement should not be the means of acknowledgement for the sake of creating (innovating) further for the benefit of society.
Thank you for your videos, they are great. I have a question:
In the case of that gene you mentioned that predicts cancer. I guess the company ended pattenting something that sais like "any detection method that use that gene to predict cancer". I have seen that in several patents in google, but they are definitly not describing the detection method itself. They might describe one method, but they cannot describe detection methods that will be invented in the future of course. However, if someone is to develop a new detection method for this gene, does he has to pay royalties to the company that patented in such an ambiguous and ubiquotous way? As I said, several patents say things like that in order to give a big "umbrella" to the company that made the discovery. I wonder if that is correct, meaning that it can be considered in court. Thanks for the answer! great show!
Pablo C In theory at least, if someone develops a mechanically unique method of detecting the same genes then they would not have to pay any royalties since knowledge of the gene itself can not be patented.
Nice shoes
So the advantadge of patents is public disclosure, but I'm not quite sure what's explicitly good about this since the the inventor holds sole rights.
Can someone clear this up for me?
If i patent a device in Europe....can it be produced and sold in USA without my concent?
Cant it be produced in USA and sold in Europe ?
1:33 'Diverse'
Everything should be free on the Internet.
Amun Atum :Yes Indeed We Need Free Stuff!
Don't Apple's design patents include things as ubiquitous as the square, the rectangle, the concept of the rounded corner and the concept of the screen bezel?
***** well if you take into account people have patented emoticons and numbers these days. One could say the patents system is pretty broken right now.
***** No, it's a bit of a media fuzz. There are solid arguments that Apples patents are too broad, but they don't own the concept of the rounded corner except for some extremely specific corner roundings in some extreme specific contexts. Again, still arguably disgusting that such a thing is even possible, but Apple can't sue brick-house makers.
what about IP episode 3? are we missing something, Stan ?
You do good. Holding my interest. Thanks-roballen2
I can bet money that most patents do not meet those 5 requirements.
Goddamnit, patenting plants (thus life) is much older then I thought. Should never been allowed.
Diana Peña Is the subject an living being that is being patented? Then there is a patent on life.
DoggySpew I think you are missing the point. Any of the plant patents aren't grown from natural seeds and are produced only by man asexually. It is organic but it isn't something that can just happen without human intervention. So, no, it isn't a patent on life.
I wonder if we'll have patented breeds of human clones in the future. That would be so cool, in a dystopian cyberpunk future kind of way.
***** well those dogs coulds certainly not last long in nature without human intervention and some have been "man made" so to say.....
*runs to the patents office*
He He, prescott pharmaceuticals. I miss the Report now....
Divers parts?
Alim Rahman google the longer phrase "more such men come to us every day from divers parts", and you can find the book they've quoted from. The original source used the archaic spelling "divers". they've got this one correct.
we Must Develop An Asumption Of ownership= perception Of Interest
Percetion Of Ownersship
My friend said an idea can be patented. ...... I try ro explain the implications if that...
Well to be fair to the Venitians' high opinion of their city, none of them ever went to New York. For what it's worth, I'm pretty sure Venetian pizza is quite good as well.
Could someone explain how Patent Trolls work? It doesn't seem to make much sense, the way Stan explained it(no offense, Stan.).
So... patent troll = Martin Shkreli
if you watch his interview on Vice (The news site) my god... That dude (Martin Shkreli) is so friggen creepy. You can tell he has no soul.
No, he (or rather, his company) actually took over production of the drug, and was able to expand research due to the extra profits (it had gone over half a century without any research towards reducing the sometimes life-threatening side effects of the drug). This is a pretty common strategy in the pharmaceutical industry, from what I've heard. The increased price also encouraged a different firm to start the process of creating/approving a generic version of the drug.
He is not a patent troll at all. You had no idea what you were talking about, didn't you?
Vermillion 303 The definition given by the video matches up with what Shkreli did... do you know what your talking about? lol
UnconditionalKindness13 Dude, did you see him on the Breakfast Club? They troll him so hard it's hilarious.
it is simple. if someone holds more than 4 patents and has not developed at least one of them in the last 5 years. then they cannot enforce the patent restriction on another inventer
HOW IS THIS 4!!!!!
Prescott Pharmaceuticals!?
I only watch these cause I think Stan is cute
GRRRRRRRRRRRRR. Patent Trolls...
A scourge on our land...