Saturday
Oct292011
Saturday, October 29, 2011 at 01:23AM Patents Special #201
<iframe width="640" height="360" src="http://www.youtube.com/embed/YWCouN1QyGk" frameborder="0" allowfullscreen></iframe>
Click here to stream the audio version of this episode.
Click here to stream the video version of this episode.
Join our new mailing list and be the first to learn about upcoming guests!
Is the patent process killing innovation? Jason sat down with intellectual property attorney Reid Dammann and NeuAer CEO and patent maestro Dave Mathews to answer this and many other questions that every startup business needs to know about patents, including:
- The patent filing process
- Why patent, and different ways to claim a system
- The impact that Patent Trolls are having on innovation in the online space
We couldn't bring you episodes like today's without our awesome sponsors Surveymonkey and MailChimp! Be sure to thank @MailChimp [http://twitter.com/#!/mailchimp] and @SurveyMonkey [ https://twitter.com/#!/SurveyMonkey ] on Twitter for sponsoring @TWiStartups [http://twitter.com/twistartups ]!
=-=-=-=-=-=-=-
00:00-00:30 Intro
1:12: Welcome to the Patent Special!
1:30 Tyler: How many patents have you filed?
1:45 Jason: I’ve never filed any patents
2:18 Introduction to Reid
3:30-5:15 Surveymonkey Ad
5:30-6:30 Tyler talks about SurveyMonkey
6:49- 7:18 Let’s get right into it, let’s talk patents.
7:46- 8:45 Why patent?
9:00- 9:40 How long have patents existed? What are the point of patents?
9:51- 10:45 Let’s talk about the filing process. I’ve heard it’s very expensive and time consuming?
11:19 - 12:21 Guests define prior art and ‘skilled in the art’
12: 53 - 13: 50 Types of patents, including ‘plant patents’ and design patents
13:57- 14: 35 Patents vs Copyright and Trademarks
14:40- 15:15 Introduction to software patents, why they are tricky
15: 20- 16:00 Dave Mathews’ worst patent ever, CueCat!
17:00- 18:00 Patent application process, enforceable component explained
18:15- 19:30 Multi-touch patent. Or as Jason calls it, Apple’s ‘Pinching Patent’
19:45- 20:30 Why claims are most important, especially as it pertains to litigation
20:30 - 21:22 Claims explained, especially in terms of constructing language that can protect a patent
22:04- 23:30 Explanation of how patents can be circumnavigated by solving a problem using a new method
24:00- 25:00 Patent Trolls
25:03 -26:00 Who writes patents?
26:39 - 27:18 Can somebody file a patent without an attorney? Would it be defensible?
27:26 - Has patenting become the domain of the rich?
27:40- 30:29 MailChimp Ad Read
30:40- 31:46 In terms of real money, how much does this process cost? How long does it take?
31:47- 32: 21 How thorough are the patent claims reviewers?
32:25 - 33:10 You can get back some of the money you invested over that time through patent term
33:48- 34:30 How patents affect apps, and other mobile services
34:30- 35:10 How do on-Practicing entities, AKA Patent Trolls, operate
35:20 - 36:20 How did we get to this point, where people sue over patents constantly?
36:30 - 37:15 Are we getting to the point where devices are going to have to remove certain features in order to comply with patents?
37:42 - 38:40 Invention house run by Nathan Myhrvold
39:00 - 40:00 The method patent, and the glut of ip patents from the 90s
40:26- 41:00 Different ways to claim a system
41: 50 In re Bilski discussed
42:24 - 43:06 Europe doesn’t allow software patents. Should we do a similar thing in the US?
43:35- 44:38 What chance does any small company have against giant companies that are filing an inordinate numbers of patents?
44:55- 45:48 Are patents killing innovation?
46:00- 47:12 Is there abuse going on in the system, and are patent trolls abusive?
47:30- 48:45 Discussion of the America Invents Act, and implications of “First To File”
48:50- 49:55 Does the America Invents Act favor the Patent Trolls? Does it make the fight for smaller inventors harder?
50:00 Is the goal of the America Invents Act to accelerate innovation?
50:57 What is the Inventors Logbook? Is this standard practice?
51:45 - 52:46 When a patent is granted, is it written in stone or can it be overturned?
52:59 - 54:00 Is this litigation trend evidenced by the current battles over wireless patents?
54:09 - 54: 45 Let’s talk about the damages, because some people have had huge damages awarded. What are treble damages?
55: 25 - 56:07 I haven’t experienced patent litigation in the Internet space. Is this common?
56:10- 56: 59 What’s the advice for startups? Should you bother getting patents?
57:00- 57:30 Tyler talks about his experiences earning patents
57:44 - 58:10 Who draws patents?
58:18- 59:00 When you submit, is that public? Can you request non-publication until grant?
59:00 Discussion of trade secrets
1:00:00- 1:00:55 Anti-trolls! We haven’t covered that too well. Who’s out there doing this, like the EFF?
1:01:17: Thank you Reid Dammann, and Dave Mathews.
1:02:30 Dave talks invention bonuses
1:02: 50 Explanation of royalties
1:03: 30 Benefits of buying patents
1:04:17 How many patents do these big companies hold? Discussion of IBM, who holds the most.
1:05:11 Can you patent open source material after the fact?
1:06:05 Get yourself a good attorney, because I wondered if people should start filing dozens of patents? Just to make the system so murky so that you can force patent reform.
1:07:09 Discussion of www.pat2pdf.org
1:08: 57 Wrap! Thanks to Mailchimp, and SurveyMonkey, go to twistlist.co to sign up for our mailing list, and we will see you next time on TWiST.
1:12: Welcome to the Patent Special!
1:30 Tyler: How many patents have you filed?
1:45 Jason: I’ve never filed any patents
2:18 Introduction to Reid
3:30-5:15 Surveymonkey Ad
5:30-6:30 Tyler talks about SurveyMonkey
6:49- 7:18 Let’s get right into it, let’s talk patents.
7:46- 8:45 Why patent?
9:00- 9:40 How long have patents existed? What are the point of patents?
9:51- 10:45 Let’s talk about the filing process. I’ve heard it’s very expensive and time consuming?
11:19 - 12:21 Guests define prior art and ‘skilled in the art’
12: 53 - 13: 50 Types of patents, including ‘plant patents’ and design patents
13:57- 14: 35 Patents vs Copyright and Trademarks
14:40- 15:15 Introduction to software patents, why they are tricky
15: 20- 16:00 Dave Mathews’ worst patent ever, CueCat!
17:00- 18:00 Patent application process, enforceable component explained
18:15- 19:30 Multi-touch patent. Or as Jason calls it, Apple’s ‘Pinching Patent’
19:45- 20:30 Why claims are most important, especially as it pertains to litigation
20:30 - 21:22 Claims explained, especially in terms of constructing language that can protect a patent
22:04- 23:30 Explanation of how patents can be circumnavigated by solving a problem using a new method
24:00- 25:00 Patent Trolls
25:03 -26:00 Who writes patents?
26:39 - 27:18 Can somebody file a patent without an attorney? Would it be defensible?
27:26 - Has patenting become the domain of the rich?
27:40- 30:29 MailChimp Ad Read
30:40- 31:46 In terms of real money, how much does this process cost? How long does it take?
31:47- 32: 21 How thorough are the patent claims reviewers?
32:25 - 33:10 You can get back some of the money you invested over that time through patent term
33:48- 34:30 How patents affect apps, and other mobile services
34:30- 35:10 How do on-Practicing entities, AKA Patent Trolls, operate
35:20 - 36:20 How did we get to this point, where people sue over patents constantly?
36:30 - 37:15 Are we getting to the point where devices are going to have to remove certain features in order to comply with patents?
37:42 - 38:40 Invention house run by Nathan Myhrvold
39:00 - 40:00 The method patent, and the glut of ip patents from the 90s
40:26- 41:00 Different ways to claim a system
41: 50 In re Bilski discussed
42:24 - 43:06 Europe doesn’t allow software patents. Should we do a similar thing in the US?
43:35- 44:38 What chance does any small company have against giant companies that are filing an inordinate numbers of patents?
44:55- 45:48 Are patents killing innovation?
46:00- 47:12 Is there abuse going on in the system, and are patent trolls abusive?
47:30- 48:45 Discussion of the America Invents Act, and implications of “First To File”
48:50- 49:55 Does the America Invents Act favor the Patent Trolls? Does it make the fight for smaller inventors harder?
50:00 Is the goal of the America Invents Act to accelerate innovation?
50:57 What is the Inventors Logbook? Is this standard practice?
51:45 - 52:46 When a patent is granted, is it written in stone or can it be overturned?
52:59 - 54:00 Is this litigation trend evidenced by the current battles over wireless patents?
54:09 - 54: 45 Let’s talk about the damages, because some people have had huge damages awarded. What are treble damages?
55: 25 - 56:07 I haven’t experienced patent litigation in the Internet space. Is this common?
56:10- 56: 59 What’s the advice for startups? Should you bother getting patents?
57:00- 57:30 Tyler talks about his experiences earning patents
57:44 - 58:10 Who draws patents?
58:18- 59:00 When you submit, is that public? Can you request non-publication until grant?
59:00 Discussion of trade secrets
1:00:00- 1:00:55 Anti-trolls! We haven’t covered that too well. Who’s out there doing this, like the EFF?
1:01:17: Thank you Reid Dammann, and Dave Mathews.
1:02:30 Dave talks invention bonuses
1:02: 50 Explanation of royalties
1:03: 30 Benefits of buying patents
1:04:17 How many patents do these big companies hold? Discussion of IBM, who holds the most.
1:05:11 Can you patent open source material after the fact?
1:06:05 Get yourself a good attorney, because I wondered if people should start filing dozens of patents? Just to make the system so murky so that you can force patent reform.
1:07:09 Discussion of www.pat2pdf.org
1:08: 57 Wrap! Thanks to Mailchimp, and SurveyMonkey, go to twistlist.co to sign up for our mailing list, and we will see you next time on TWiST.
Support This Week in Startups and independent media by joining the TWiST Producer Program at TwistList.co!
Multilingual? Translate this episode of TWiST into another language and email the transcript to translate@thisweekin.com
FOLLOW ON TWITTER
Jason: @jason
Tyler: @steepdecline
Dave: @ggdm
Keep up with the latest from our sister company LAUNCH:
- Vimeo Burns Bridge with Indie Game Developer Because of Video Content Policy
- We've Seen Flipboard's Long-Awaited iPhone App, Launching Soon (For Real This Time)
- Flingo CEO Was Right About Google TV: "It's All About the Apps"
Special thanks to the members of the TWiST Backchannel Program!
Executive Producers
- Louis-Eric Simard
- Benjamin Gifford
- Jacek Artymiak
- Octavian Mihai
- Will Paoletto
- Geoffrey Clapp
- Jeff Hoffer
- Kyle Lonzo
- Austin Miller
- Rashaun Sourles
- Robb Kunz
- Greg Berry
- Sean Lynch
- Mary Ann Halford
- Jim Joyce
- Morgan Howard
- Margaret Johns
- Kyle M. Brown
- Paul Cole
- Nick Duncan
- Magnus Ingvarsson
- Amir Ayalon
- Carlos Zaidenweber
- Avery Keitt
- Joshua Shipsey
Producers
- Eli Coler
- Ted Inoue
- Radek Rybicki
- Hunter Owens
- Ben Altieri
- Cam Collins
- Ildar Khakimov
- Matti Hallanoro
- Rodrigo Dauster
- Rodrigo Fuentes
- Anthony Ortenzi
- Daniel de la Cruz
- Michael Hofmann
- John Meneses
- Mike Sunyich
- Sami Rageb
- Michael Lustig
- Alex Deli
- Ethan Jones
- John Davies
- Mark Burcher
- Preston Haley
- Morgan Howard
- Mayvik Inc.
Associate Producers
- Brad Pineau
- Kat Ganesan
- Nicholas Christian
- Mau Frontier
- Kyle Braatz
- Serena Ehrlich
- Nathan Hangen
- Lauri Hahne
- JD
- Trudy Baidoo
- Ian Gerstel
- Julian Hearn
- Alex Lotoczko
- James Kennedy
- Benoit Curdy
- Asher Nevins
- Mike Kaltschnee
- Paul Higgins
- William Doom
- David Lee
- Jake Kerber
- Sarp Coskun
- Giuseppe Taibi
- Tyrone Rubin
- Keno Vigil
- Paul Peters
- Jamal Waring
- Nick Ostroff
- Alex Binkley
- Tom Altman
- John MP Knox
- Zon Petilla
- Bryan McCormick
- Marcos Trinidad
- Allen Cordrey
- Daniel Mich
- Joshua Rosen
- Grant Carlile
- James Smith
- Allen Cordrey
Supporters
- Ryan Hoover
- Michael Cranston
- Josiah Thomas
- João Fernandes
- Petrus Theron
- Michael Wild
- Adrian Grant
- Dale Emmons
- Kieran McGrady
- Tim de Jardine
- Alejandro Vasquez
- C. Dain Miller
- Joshua Opatz
- Milan Babuskov
- Chris Rowe
- Nelson Melo
- James Dawson
- Toddy Mladenov
- Daniel Torres
- Chris Macke
- Piotr Zuralski
- Armand Konan
- Brian Vogel
- Paul D
- Jennifer Sun
- David Kolb
- George Gecewicz
- Sue Marrone
- Eugene Granovksy
- Matt Caporella
- Will Blackton
- Ryan Dodds
- Brett Arp
- Jason Cresswell
- Edwin Orange
- Daniel Bradley
- Shawn Daniel
- Priidu Kull
- Marc Kohlbrugge
- Patrick Desroches
- Alex Lam
- Dario Dulic
- Paul Secor
- Ryan Urabe
- Madhu R.
- Paul Ardeleanu
- Ian Thomas
- Manny Alarcon
- Charlie Osmond
- Christopher Smitley
- Roshan H.
- Barcy Cordrey
- Greg Dickson
- Brett Arp
- Hello24 Ltd.
- Ian Gerstel
- Taphon Maddison
- Edwin Orange
- Sarp Coskun
Superfans
- Carmen Harvey
Fans
- Juston Brommel
- Michael Gnanakone
- Gary Stetler
- Chris Weitzel
- Kyle Taylor
- Michael Puhala
- Joshua Randal
- Alexander Hektor
- Christopher Klingler
- Rob Morgan
- Nehemiah Wyant
- Will Mason
- Bobby Rivera
- Severan Johnson
- Abhishek Pillai
- Kevin Donovan
- Shiv Rajendran
- James Parkin
- Brice C.
- Dan Ruswick
- Climate Amante De La Vida
- William Porter
- Streaky Gee
- Andrew Johnson
- Michael Belanger
- Andrew Girvan
- Brian Ruhe
- Darryl LaRue
- Jordan Johnson
- Rob Flemming
- Ryan Hoover
- Brad Pineau
- Climate AmanteDeLaVida
- Daniel Ruswick
- devGuide.net
- md sports
- Josh Powell
- Will Porter
- Citizen Savvy
- Michael Cranston
- Streaky Ltd.
- Alejandro Vasquez
- Patrick Desroches
- Nehemiah Wyant
- Andrew Johnson
- Michael Belanger
- Juston Brommel
- Rob Morgan
- Andrew Girvan
- Frederick Tylim
- Michael Gnanakone