Patenting for Inventors

How do you know whether or not you're infringing someone else's trademark, or whether your trademark can be registered? It all comes down "likelihood of confusion." But how do you determine the likelihood of confusion? The United States Patent and Trademark Office uses what are called the DuPont Factors, a set of 13 factors to determine the likelihood of confusion between two marks. Courts sometimes use a reduced set of factors to determine trademark infringement. In this episode I go over and explain these factors and how to apply them to your situation.

In this episode I go over a special way of claiming your invention by using "means plus function" claim language. In this way of claiming your invention, you claim your invention not by physical structures, but by how the parts of your invention function. Learn the pros and cons of using this approach and especially how to avoid the pitfalls of mean plus function claim language.

This is a crossover episode from the Products Business Show Podcast (Episode 78). Amy Wenslow is the founder of "Products to Profits," a business and product marketing company. I previously interviewed her on this podcast, and in this episode I am posting her interview of me.

A recent Federal Circuit case held that the figures in your design patent don't tell the whole story of what the scope of your protection is. The WORDS in a design application also matter. This is important when you are deciding how to title your design patent application.

If you file a patent application in a foreign country without permission from the government, you possibly could be fined $10,000 and go to prison for two years. Learn how to avoid getting yourself in this situation by listening to this episode.

The patent application process includes an enormous amount of deadlines that you have to keep in mind. In this episode I go over the main deadlines and what you can do if you ever miss one.

Learn how to use statistical history at the Patent Office to your advantage so that your patent application will have a higher chance of allowance. Learn how to write your application in a way so that it will end up in a high allowance art group, and then understand the statistical history of your particular patent examiner to see whether it's advantageous to conduct an interview, amend claims, file requests for continued examinations, file an appeal, or other strategy.

Do you find writing patent applications and interacting with the Patent Office fun and exciting! If you do, you might want to know what it takes to become a patent agent or patent attorney. In this episode I go over the process of how to become a patent agent or attorney.

In this bonus episode, I interview Amy Wenslow, founder and CEO of Products to Profits. Amy has decades of experience in international product development, sales, and management for consumer goods. She has helped her clients get their products into retail, QVC, and Shark Tank. She gives great advice on how to get your business to the next level.

In this podcast episode, learn the basics of what a patent license is, how it is different than an assignment, the different types of patent licenses, and what to keep in mind when entering a patent licensing agreement.