PATENTS DEMYSTIFIED
AN INSIDERS GUIDE TO PROTECTING IDEAS AND INVENTIONS
DYLAN O. ADAMS
Cover design by Kaitlyn Bitner/ABA Publishing.
Interior design by Betsy Kulak/ABA Publishing
The materials contained herein represent the opinions of the authors and/or the editors, and should not be construed to be the views or opinions of the law firms or companies with whom such persons are in partnership with, associated with, or employed by, nor of the American Bar Association unless adopted pursuant to the bylaws of the Association.
Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book is intended for educational and informational purposes only.
2015 Dylan O. Adams. All rights reserved.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. For permission contact the ABA Copyrights & Contracts Department, .
Library of Congress Cataloging-in-Publication Data
Adams, Dylan O., author.
Patents demystified: an insiders guide to protecting ideas and inventions / Dylan O. Adams.
pages cm
Includes bibliographical references and index.
e-ISBN: 978-1-63425-168-6
1. Patent laws and legislationUnited States. I. Title.
KF3114.A73 2015
346.7304'86dc23
2015034390
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Contents
Acknowledgments
Special thanks to my wife, Jen, for her unwavering support of me and this project.
Thanks to Brian Considine as well as Dawn, Doug, and Jen Adams for graciously volunteering their time to edit and review my manuscript.
Thanks to the attorneys and staff at the firms of Davis Wright Tremaine LLP, Orrick Herrington & Sutcliffe LLP, Graybeal Jackson LLP, the Axios Law Group LLP, and RuttlerAdams LLP for their roles in guiding and mentoring my understanding of patents at various stages of my career.
Thanks to my literary agent, Rita Rosenkranz, for making this book possible.
And last, but certainly not least, thanks to the many clients, students, entrepreneurs, innovators, investors, coders, makers, executives, engineers, scientists, techies, and tinkers who inspired this book.
Disclaimer
This book is intended to provide information about patents and intellectual property but should not be construed as being legal advice. In fact, a core message of the book is that inventors and companies should seek out a trusted attorney as soon as possible so that intellectual property rights are not inadvertently lost or otherwise compromised. Because the facts surrounding each invention and company are unique, the advice of a competent attorney is necessary to craft an intellectual property strategy that is specially tailored to each individual case.
Moreover, intellectual property laws are always in flux and the information provided in this book may, therefore, be incomplete or incorrect if the laws change. Always consult an attorney to confirm that you are operating under the current state of the law.
Accordingly, the author, and any law firm or company that the author may be associated with, will not be responsible for any negative consequences, damages, or loss of intellectual property rights that might occur by relying on any information provided in this book. Please use the content of this book for inspiration in planning a legal strategy in collaboration with your attorney.
Introduction
I am a patent attorney with a masters in electrical engineering and a bachelors in biochemistry, and I assist my clients with fascinating and cutting-edge technology on a daily basis. From industry leaders to garage inventors, I work with a full spectrum of clients and a wide variety of technology. Detection crystals for supercolliders, drone technology, military hardware, and even thong underwear for dogs are a few of the inventions with which I have worked. My passion, however, is working with startups and emerging companies. I love the energy and enthusiasm of budding innovators hustling to bring their products to market and I find that these clients are the most in need of reliable counsel on how to protect their ideas and inventions.
Some of these companies may consist of only a few core founders who are working to develop a first product with their own savings as startup capital. Others have raised money through Kickstarter, angel investors, or venture capital funds, but are still pushing to get a first product on the market. Despite being new to the process, these innovators are keenly aware that patents are usually one of the most valuable assets their companies will own and are eager to learn more about the process.
Unfortunately, these same companies typically have a hard time getting good patent guidance. Although general information about the patent process is available from a wide range of resources, those resources do not provide necessary detail or offer a one-size-fits-all strategy that fails to account for the unique needs of each business and product. Seasoned patent attorneys are the only reliable source of a custom-crafted patent strategy that maximizes patent protection and brings value to a company, but attorney time is extremely expensive. Sophisticated and well-capitalized companies already know how to grow and leverage their patent assets and will invest exorbitant sums on a carefully planned and cultivated patent portfolio. Such companies are typically well versed in the nuances of patent strategy or have the budget to hire experts who can provide that expertise. On the other hand, emerging companies are often completely new to the world of patents and are in desperate need of mentorship from a seasoned patent attorney, while also being concerned about the expense involved. Although developing a targeted patent strategy is absolutely crucial at these early stages, new companies tend to be the most under-served and misinformed, and often unknowingly make mistakes that cripple the company before it gets off the ground. From waiting too long and forfeiting all patent rights, to over- or under-spending on worthless patent protection, I see far too many great ideas, products, and businesses that have been compromised beyond salvation and needlessly lost.
This book provides a cost-effective solution to this problem by providing an easy-to-understand insider guide to patents. Based on my first-hand experience with both successful and failed companies of all sizes, I can assist you in learning how to maximize patent protection on any budget, with strategies that can be tailored to companies with any business plan or product. Instead of being intimidated and confused by patents, you will learn how to proactively work with a patent attorney to craft a customized patent plan. This book will teach you insider patent strategies that large successful companies already know and that many serial entrepreneurs learn only after a few failed attempts. Whether you are building up the courage to start your own company, preparing to launch your flagship product, or already have a patent application filed, this book will give you crucial insight into planning and growing a patent portfolio at any stage. Most importantly, this book will help you to understand patents and the patent process so that you can effectively plan an intellectual property strategy that maximizes protection within a reasonable budget.