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In this December episode of The Bold Inventor Show, hosts J.D. Houvener and Matt Kulseth break down the real IP questions inventors, founders, and product teams are asking right now—especially as AI accelerates innovation faster than the law can evolve.

The episode opens with live Q&A on patents and trademarks, then expands into insightful conversations with two expert guests exploring AI inventorship, patent strategy, and product commercialization.

🔑 Key Discussion Highlights

🧠 Patent Drafting: “can” vs. “may” vs. “is”

• 📝 In a patent specification, flexible language like “can” or “may” helps capture alternative embodiments.
• 🎯 In claims, precision is critical—every word affects enforceability and scope.
• ⚖️ Takeaway: Be broad where permitted, exact where required.

🪑 Trademark Strategy & Brand Risk

• 🚫 Adding extra words to an already registered mark (especially in Class 20 – Furniture) often fails due to likelihood of confusion.
• 🔍 Trademarks are evaluated as a whole, but dominant wording carries outsized weight.
• ✅ Best move: choose a distinctive brand early to avoid costly rebrands.

🤖 Using AI During Invention: Is It Public Disclosure?

• 💬 Discussing ideas with tools like ChatGPT or Gemini is generally not considered public disclosure under current U.S. patent standards.
• ⚠️ However, data retention, discoverability, and future legal shifts remain open questions.
• 🇺🇸 Reminder: the U.S. provides a one-year grace period after an inventor’s own disclosure.

👤 Who Is the Inventor When AI Helps?

• 🧠 Patent law still requires human conception of what is ultimately claimed.
• 🤯 As AI contributes more technically meaningful input, inventorship will become a major legal battleground.
• 🔍 Expect future litigation to define where assistance ends and inventorship begins.

🎙️ Guest Perspectives

Chris Clark (East Village AI) shares insight from a background in theoretical physics, defense analytics, and AI product development, emphasizing iteration, clarity, and human-in-the-loop innovation.

Doug Hunter (Alterium) brings decades of automotive engineering experience and ~30 issued patents, highlighting defensive patenting strategies and the underrated power of benchmarking to innovate faster and smarter.

💡 Why This Episode Matters

• ✅ Patent and trademark strategy is about foresight, not forms
• ✅ AI is a tool—but responsibility still rests with humans
• ✅ Innovation accelerates through iteration, benchmarking, and action

📅 Live every Wednesday at 12pm Pacific
💥 Go big. Go bold.

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DISCLAIMER
Everything discussed on this podcast is for informational purposes only and not for the purpose of providing legal advice.