S4E36 Wes Schwie| Intellectual Property

Being an Engineer · 22 Sept 2023 · 37m · Episode 36

What this episode covers

Wes Schwie, founder of Gallium Law and co-founder of Innovelis, explains the critical importance of intellectual property protection for inventors, emphasizing the low cost and strategic value of filing provisional patent applications early. He details how provisional applications establish a priority date and provide a 12-month window to test the market before filing a non-provisional application, while warning against public disclosure that could jeopardize patent rights. Schwie also discusses the legal nuances of patent rights, specifically the right to exclude others rather than the right to practice an invention, and offers advice on selecting experienced patent attorneys over cheap services.

Most relevant to

early-stage companies and companies scaling up

Topics

Mentioned

Companies
Gallium Law, Innovelis, Apple, Amazon, Alibaba
Products
Concept2

Other shows on the same ground, closest first.

  • The Hardware Entrepreneur · 28m

    #046 - When not to start a startup - how to license your idea (Part 2), with Stephen Key of inventRight, USA

    Stephen Key of inventRight explains how inventors can license ideas using a Provisional Patent Application (PPA) instead of launching a startup, arguing that PPAs provide sufficient protection against copycats in fast-moving markets. He details the steps for writing a strong PPA, including conducting prior art searches and defining unique points of difference, while warning against relying solely on patent attorneys who may have financial conflicts of interest. Key also shares lessons from his career, such as the importance of working for startups early on and using non-disclosure agreements when seeking external help to avoid co-ownership disputes.

  • Embedded.fm · 56m

    71: Dirty Your Mindscape

    Judith Szepesi, founding partner at HIPLegal, LLP, explains the strategic reasons for filing patents, distinguishing between using them as a 'sword' for enforcement, a 'shield' for defense, or a marketing tool. She details the patent application process, including the difference between provisional and utility filings, the 'first to file' rule, and the importance of prior art searches to ensure novelty and non-obviousness. The discussion covers the high costs of patent prosecution, the threat of patent trolls (Non-Practicing Entities), and strategies for startups to defend against litigation, such as joining defensive pools or seeking re-examination of questionable patents.

  • Product Startup · 35m

    105: Patenting Physical Consumer Product Inventions

    Rich Goldstein, founder of Goldstein Patent Law, explains the strategic differences between utility and design patents, emphasizing that utility patents protect functionality through specific claims while design patents protect aesthetics. He advises inventors to file provisional applications carefully, as the priority date is only as good as the written disclosure, and to use continuation and continuation-in-part applications to maintain pending status for future improvements. Goldstein highlights the importance of aligning patent claims with marketable features to create valuable IP that prevents competitors from copying core innovations.

    6 chapters
  • The Hardware Entrepreneur · 26m

    #044 - When not to start a startup - how to license your idea (Part 1), with Stephen Key of inventRight, USA

    Stephen Key of inventRight explains why licensing an idea is often superior to starting a company, citing his work with Tim Ferriss and his own experience launching a skull-shaped guitar pick. Key argues that speed to market and avoiding the heavy lifting of operations are critical advantages of licensing, whereas entrepreneurship requires wearing many hats and managing significant risk. He advises inventors to sell the benefit of their idea first using low-cost 3D renders rather than building expensive prototypes, and to use provisional patent applications (PPAs) for perceived ownership while targeting companies with open innovation programs.

  • Product Startup · 23m

    229: Overview of Patenting for Hardware Startups

    Tom Dunlap, managing partner of Dunlap Bennett & Ludwig, explains the different types of intellectual property protection for hardware startups, including utility patents, design patents, trademarks, copyrights, and trade secrets. He details the strategic use of provisional patents as a 'bookmark' to secure priority dates before public disclosure or fundraising, and clarifies the critical role of patent claims in defining the scope of protection. Dunlap also warns about the limitations of NDAs when working with overseas manufacturers and outlines the legal requirements for raising capital from friends and family.

The summary, chapters and topics are generated from the episode’s audio by this directory, not written by Being an Engineer. The episode itself belongs to its publisher.