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Got a game-changing invention or a unique solution to a problem? 🤔 Understanding when and how to protect your intellectual property with a patent can be a minefield. This episode demystifies the patent process for entrepreneurs and innovators.
Meet Austin Bonderer, an engineer with a law degree, who brings a practical, real-world perspective to patent strategy. 💡
🛠️
When should you even start thinking about a patent? Austin shares his own origin story – inventing a wireless smoke detector as a young adult after a near fire, a project that became his university thesis! 🔥 The core principle: If you find yourself solving a tangible problem, especially if your business involves R&D, it's time to explore patentability. "Necessity is the mother of invention."
⏳💰
Patents generally last 20 years from filing, but what's the real "juice vs. the squeeze"? Securing a patent is a front-loaded investment, made before you fully know an invention's market success. It can take 2-3 years for the patent office to even begin its review, though adjustments can extend the term if they take too long. This isn't like trademarks where time is less critical.
💣
Think of patents less like an impenetrable wall and more like a minefield for your competitors. It's about making it difficult and risky for others to copy your core innovation. Often, this involves filing a family of patents or using "continuation practice" – filing new applications with refined claims based on an original disclosure – to adapt to market changes or competitor designs. This strategy can fortify your protection, even if it doesn't extend the original 20-year term of the first invention.
🏛️ subjectivity "obviousness." Austin explains the often-subjective nature of patent examination. Different examiners can have vastly different interpretations of what's "obvious," and their allowance rates can vary significantly. You typically can't just request a new examiner if you get a tough one!
🔄
Get creative with patenting! Even if a core product itself is old, you might be able to patent a new use for it. Think Aspirin for heart attacks or a diabetes drug (like Ozempic) finding a new application for weight loss. This is a valid patent strategy.
📈
A patent is NOT the finish line; it's often just the starting pistol. Only a small fraction of patents (~5%) ever lead to commercial success. Austin stresses: You MUST have a business plan to monetize your invention. Simply getting a patent and hoping a big company will buy it is rarely a winning strategy; they're more likely to try and design around it. Success usually comes from building a business around your patented product, proving its marketability, and then attracting investors or an acquisition.
🤫
CRITICAL WARNING: Public disclosure before filing a patent application can kill your patent rights globally. Market testing your idea or launching a Kickstarter without prior patent protection can mean you've just done the R&D for your competitors, who can then rush to market. Protect your idea FIRST.
🔍
Can you do some groundwork yourself? Yes, you can conduct initial prior art searches to see what's already out there. But don't get discouraged if things look similar. Minute changes can solve big problems and still be patentable – distinctions an expert can see but an inventor might miss. Professional guidance is key.
🚀
Protecting your innovation is a crucial step for many businesses. Understand the process, the strategy, and when to call in an expert.
Now What? ➡️
Have an invention you're thinking about? Like this video, Comment with your patent questions, and Subscribe to Harmonious at Lunch!
Visit the HumanOp Website (https://humanop.com/) to get instant clarity on how to structure your business for innovation and growth.
Explore Austin Bonderer's expertise in patent law:
Connect with Austin "The Patent Attorney":
Got a game-changing invention or a unique solution to a problem? 🤔 Understanding when and how to protect your intellectual property with a patent can be a minefield. This episode demystifies the patent process for entrepreneurs and innovators.
Meet Austin Bonderer, an engineer with a law degree, who brings a practical, real-world perspective to patent strategy. 💡
🛠️
When should you even start thinking about a patent? Austin shares his own origin story – inventing a wireless smoke detector as a young adult after a near fire, a project that became his university thesis! 🔥 The core principle: If you find yourself solving a tangible problem, especially if your business involves R&D, it's time to explore patentability. "Necessity is the mother of invention."
⏳💰
Patents generally last 20 years from filing, but what's the real "juice vs. the squeeze"? Securing a patent is a front-loaded investment, made before you fully know an invention's market success. It can take 2-3 years for the patent office to even begin its review, though adjustments can extend the term if they take too long. This isn't like trademarks where time is less critical.
💣
Think of patents less like an impenetrable wall and more like a minefield for your competitors. It's about making it difficult and risky for others to copy your core innovation. Often, this involves filing a family of patents or using "continuation practice" – filing new applications with refined claims based on an original disclosure – to adapt to market changes or competitor designs. This strategy can fortify your protection, even if it doesn't extend the original 20-year term of the first invention.
🏛️ subjectivity "obviousness." Austin explains the often-subjective nature of patent examination. Different examiners can have vastly different interpretations of what's "obvious," and their allowance rates can vary significantly. You typically can't just request a new examiner if you get a tough one!
🔄
Get creative with patenting! Even if a core product itself is old, you might be able to patent a new use for it. Think Aspirin for heart attacks or a diabetes drug (like Ozempic) finding a new application for weight loss. This is a valid patent strategy.
📈
A patent is NOT the finish line; it's often just the starting pistol. Only a small fraction of patents (~5%) ever lead to commercial success. Austin stresses: You MUST have a business plan to monetize your invention. Simply getting a patent and hoping a big company will buy it is rarely a winning strategy; they're more likely to try and design around it. Success usually comes from building a business around your patented product, proving its marketability, and then attracting investors or an acquisition.
🤫
CRITICAL WARNING: Public disclosure before filing a patent application can kill your patent rights globally. Market testing your idea or launching a Kickstarter without prior patent protection can mean you've just done the R&D for your competitors, who can then rush to market. Protect your idea FIRST.
🔍
Can you do some groundwork yourself? Yes, you can conduct initial prior art searches to see what's already out there. But don't get discouraged if things look similar. Minute changes can solve big problems and still be patentable – distinctions an expert can see but an inventor might miss. Professional guidance is key.
🚀
Protecting your innovation is a crucial step for many businesses. Understand the process, the strategy, and when to call in an expert.
Now What? ➡️
Have an invention you're thinking about? Like this video, Comment with your patent questions, and Subscribe to Harmonious at Lunch!
Visit the HumanOp Website (https://humanop.com/) to get instant clarity on how to structure your business for innovation and growth.
Explore Austin Bonderer's expertise in patent law:
Connect with Austin "The Patent Attorney":