​​Patently Strategic - Patent Strategy for Startups

Listen in as we discuss the impact of the AIA and the PTAB with inventors gathered as part of the "Decade of Stolen Dreams" rallies, happening in front of regional USPTO offices all across the country, marking the 10 year anniversary of the passage of the America Invents Act – an event described by advocacy groups as the worst event in U.S. patent history.The inventors and entrepreneurs at the rally we attended, all from diverse backgrounds with very different stories, have one thing in common and that is their shared belief that the AIA and the PTAB – with its eye-popping 84% invalidation rate – have crippled innovators and created a Decade of Stolen Dreams, ruining the lives of countless inventors and shutting down numerous start-ups, in favor of Big Tech and multinational corporations.In this episode, we break down the AIA and PTAB through a wide array of personal perspectives from inventors, patent practitioners, and even a former USPTO patent examiner. We explore its origins, core problems, and proposed solutions. We also provide some very practical tips that inventors should consider now to help future-proof their patents, should they ever find themselves on the receiving end of an IPR.Inventors are not only the real engine of our economy, but they’re also the reason we do what we do here at Aurora. This is a complex issue, with high stakes, involving the people who matter most to our business and what the world will look like for our kids, so we can’t think of a better use of a podcast episode than to lend a voice and hopefully shine a light on the key issues and some potential solutions. I am joined today by an exceptional group of industry experts, founders, and inventors including:* Ashley Sloat: President & Director of Patent Strategy at Aurora Consulting* Dan Brown: Professor at Northwestern, owner of 40 utility patents, elected to the National Academy of Inventors, and serves as the inventor rep on the Patent Public Advisory Committee.* Bob Schmidt: Founder, Chairman and CEO of 5 companies including Great Lakes NeuroTechnologies and Cleveland Medical Devices, Co-Chair of the Small Business Technology Council, and has 40 patents to his name* Louis Carbonneau: Founder & CEO of Tangible IP, one of the largest patent brokers in the world* Kip Azzoni Doyle: Inventor of the CardShark WalletSkin and the author of the upcoming book, “Blood in the Water, America’s Assault on Innovation”* Tariq Najee-ullah: 10 year patent examiner, former NASA engineer, and current Principal at Patent Insider***Learn more: https://www.aurorapatents.com/blog/new-podcast-american-inventor-horror-story** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanksLet us know what you think about this episode!

In this episode, we take a deep dive into the war games filled world of patent buying and selling. We are joined today by special guest host, Louis Carbonneau, Founder & CEO of Tangible IP. Mr. Carbonneau is a recognized expert in intellectual property with close to 30 years of professional US, Canadian, and international experience in all facets of intellectual property law and business. His firm is the largest brokerage firm in the world and has transacted over 4,500 patents in the past decade.When we sat down with Louis, we hoped to be able to provide our listeners with a 101 style talk on the ins and outs of patent monetization. What we got was so much more and so very consistent with our mission of helping our audience see around corners and help their future selves. Louis begins with some excellent historical perspective and an overview of the state of the market, but really drives it all home with a plethora of forward-thinking strategies that make for more robust, defendable, assertable patents. Patents are a long game. The little things you do now can have tremendous impact over the next 15 or more years of your business journey and it’s vital that inventors and practitioners start keeping these strategies in mind, if they have any hope of crafting battle ready, commercial-grade patents. Louis is joined today by our always exceptional group of IP experts including:* Ashley Sloat – President & Director of Patent Strategy at Aurora Consulting* Shelley Couturier – Patent Strategist and Search Specialist here at Aurora* David Jackrel – President of Jackrel Consulting* David Cohen – Principal at Cohen Sciences * Amy Fiene – Patent attorney at Vancott and adjunct professor at BYU* Neil Thompson – Patent agent at Torrey Pines Law Group***** Resources *** Show notes: https://www.aurorapatents.com/blog/new-podcast-patent-monetization** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

The podcast discusses the challenges of patent searching and the importance of conducting thorough searches. It emphasizes the value of manual analysis and the limitations of automated platforms. The chapter explores offensive and defensive patent strategies for startups and provides tips for effective searching. They also analyze the power transmission of a mobile device and discuss modifications made by Apple to overcome a similar reference. The process of conducting a comprehensive patent search is explored, including examining examiner's reasons for allowance, forward and backward searching, and finding multiple references to support claims.

Learn about the benefits and options for expediting the patenting process, including the Patent Prosecution Highway (PPH). Discover strategies for fast-tracking applications and the advantages of a focused approach. Understand the concept of PPH, its agreements, and forms for specific countries. Explore the process of filing patents internationally and the differences between the PCT pathway and direct filing.

David Jackrel, President of Jackrel Consulting, along with a panel of IP experts, discusses After Final Practice (AFCP 2.0) as an option for resuscitating rejected patent applications. They share best practices for working with examiners during this process and highlight the benefits of AFCP, including its lesser-known status and low effort and expense requirements. The podcast explores the concept of final rejections, different options after final rejection, success rates of various pathways, and the process of applying for examiner interviews. They also provide guidance on suitable amendments for AFCP 2.0.

Experts discuss the Google v. Oracle case, exploring the copyright aspect, Supreme Court's view on intellectual property, contrasting perspectives on the case's implications for software developers, concerns about Google's power and behavior, and the potential consequences of a ruling against Google.

Dr. Ashley Sloat and a panel of experts discuss the on-sale bar and its implications for patentability. They cover topics such as remote business communication, challenges of patentability in Europe, method as trade secrets, filing provisional patents, and managing patent filing budgets.