Tag Archives: patent

Types of Intellectual Property that Entrepreneurs Should Know

Justin Sanders Explains the Different Forms of Intellectual Property

Justin Sanders Explains the Different Forms of Intellectual Property

Justin Sanders, the VP for High Tech and Mechanical Devices at Entralta, gave a very insightful presentation on intellectual property last night for the Center for Entrepreneurship and CSUF Startup Incubator at the CSUF Irvine campus. He covered a lot in his hour long seminar so I’m simply going to give you an overview of his talk here and, hopefully, in the future we will publish key segments from his talk as part of our Knowledge @ CSUF Entrepreneurship series.

What are the types of intellectual property?

  • Patents

    • Patents are a “set of exclusive rights in an invention granted for a limited period of time… [and it gives the patent owner the] right to exclude/prevent others from making, using, selling, or importing infringing goods/services.”
    • There are different kinds of patents, including:
      • Utility Patents

        • “Protect structural/functional features of an invention (i.e., the way an invention works).”
      • Design Patents

        • “Protect non-functional, ornamental features of an invention (i.e., the way an invention looks).”
      • Plant Patents

        • “Protect the invention – or discovery and asexual reproduction – of a distinct, new plant other than a tuber or a plant found in the wild. Means of asexual reproduction include cuttings, layering, budding, and grafting but do not include growth from a seed.”
  • Trademarks

    • “Non-functional, distinctive source identifiers used in connection with sale and offer for sale of goods and/or services. [Examples include:] brand names, company names, logos, tag-lines, jingles, product packaging, product shape, product color, store appearance/decor, etc.”
  • Copyrights

    • “Legal right of ownership that arises automatically when an original work of creative authorship is fixed in any tangible medium of expression from which the work can be perceived, reproduced or otherwise communicated, either directly or with the aid of a device. Work must be independently created and possess minimal degree of creativity. Work cannot be functional (e.g., undulating Ribbon bicycle rack).”
  • Trade Secrets

    • “Any information that derives independent economic value (actual or potential) from not being generally known to others, so long as reasonable measures (under the circumstances) are taken to maintain secrecy of information; e.g., Coca Cola recipe.”

Justin obviously went in to greater depth on each of these (except for the plant one, either he’s not a fan of plants or it’s just an area of IP law that he doesn’t cover all that frequently; it’s probably the latter) during the talk and I do hope that we will be able to get important segments of this talk published soon. Make sure to keep updated on all events and knowledge that comes out of our program by becoming a CSUF Entrepreneurship Insider.

Until then, here is Justin’s PowerPoint presentation:


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The Patent Process

Austin Bonderer Patent Attorney

Patent Attorney Austin Bonderer

On July 12, the CSUF Startup Incubator had a guest speaker to discuss the topic of patents. Austin Bonderer, a patent lawyer, visited the Incubator in order to present potential patent landmines that small businesses and startups should be aware of. He specifically addressed an answer to the question “What happens after you have your idea and how do you protect it.”

Before the event, I was able to briefly speak with Austin about his talk and himself. Austin received a degree from the University of Virginia and graduated with a degree in Civil Engineering. Austin has been working in and around patents since 1998. He started his career in patents as the University of Virginia Patent Foundation (now called UVA Licensing and Venture Group). While working toward his law degree, Austin worked for 5 ½ years as a patent examiner at the United States Patent and Trademark office. During this time, his work concentrated on valves, business methods, and medical devices. After his time there, he was a clerk for the Board of Patent of Appeals. From there he became the Head U.S. patent prosecutor for FoxConn Technology Group as a patent lawyer. With all that experience under his belt, he opened up his own firm.

As a patent attorney, Austin always cautions his clients on not moving too fast and to make it a point to go through proper channels to get a patent. Austin started his presentation with a list of pros and cons of why a business should invest in a patent license.  A patent is an “asset to increase the value of your business” said Austin. He went on to describe the process of obtaining a patent, warning the attendees that the average amount of time to acquire a license is 2 years.

The first phase is the search for prior art, this is where a business would conduct a search to see if their product has already been patented by someone else. This stage is optional as the patent office will conduct their own search; however, Austin advises to do it as he explains that the patent office search is not the “end all-be all” and patent examiners only have so much time to search for a certain patent. There are several times for when you should, as a business, conduct a prior art search, this would be at conception, when your first product is made and once more during launch.

“A patent is a negative right, not a positive privilege” said Austin. This refers to the right to keep someone else from making your product.

The second part of the patent process is the Application Writing phase. In its simplest form, this phase is filling out the application for a patent and then paying for it. This is the costliest part of the process, not because of the patent itself but because of attorney fees in order to get the application. A patent application can cost $5,000 or much more.

The last phase of obtaining a patent is the prosecution phase. This phase is turning in the application and (hopefully) getting approved.

Austin continued by presenting a list of “landmines” that companies might face when creating their invention and the following stages. These possible barriers included the invention itself, any employees, inventor and outside parties. He gave tips and directions on how to close these loopholes.

Do you have intellectual property that needs protecting? Get in touch with Austin by going to his website for more details on how he can help you protect the most important assets your business owns.

But a patent is only a part of the process of going from your concept to launch. To access expert coaching on how to start your business and gain access to many other professionals like Austin you should join the CSUF Startup Incubator as our next Resident entrepreneur. Working with the CSUF Startup Incubator is not free but it should be seen as an investment in your business with the ROI being launching your business sooner and having a clear startup road map for your business. Please contact us at csufentrepreneurship@fullerton.edu for more information on how to become the next entrepreneur to work with us at the CSUF Startup Incubator.


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For more details on CSUF Entrepreneurship:
http://business.fullerton.edu/Center/Entrepreneurship/

For more details on how we help people become entrepreneurs:
http://business.fullerton.edu/Center/Entrepreneurship/Incubator

For more details on how CSUFConsulting can help businesses thrive:
http://business.fullerton.edu/Center/Entrepreneurship/Consulting

Attend one of our events for entrepreneurs or sign up for a free mentoring session:
http://bit.ly/CSUFEntrepreneurEvents

Knowledge @ CSUF Entrepreneurship video series:
http://bit.ly/csufknowledge

Patent It and Grow Rich! @ CSUF Startup Incubator

Today at 6pm at the CSUF Startup Incubator in Placentia we welcome patent attorney John Patent Attorney John Connors to speak at CSUF Startup IncubatorConnors to speak about patents and how they are a vitally important aspect of every startup, whether they know it or not. To get a ticket and please go to our event page.


Guiding Entrepreneurs, Inventors, and Developers through the Intellectual Property Minefield to Protect & Profit from Their Idea

The easiest thing to steal is an idea! But, there are legal ways to protect your intellectual property so that you become the next creator of the Miracle Mop, Snapchat, or Casper Mattress. Patent Attorney John J. Connors shares with audiences the often overlooked legal processes to get them protected, patented, and profiting from their idea!

Key Takeaways

Audiences appreciate John’s candor and first-hand experience when it comes to inventions. They walk away knowing how to:

  1. Invoke trade secret classifications early on to make sure your ideas aren’t stolen!
  2. Raise venture capital money without losing the rights to your app, invention, or product
  3. Differentiate between copyright, trademark, and patents laws so that you pursue legal protection correctly
  4. Recognize how patent, trademark, and copyright laws work together to strengthen your idea again copycats
  5. Obtain foreign intellectual property rights so that you’re covered outside of the United States
  6. Understand the nuances of the massive change in patent law that puts your invention in jeopardy of challenge

You can read more about John Conors here.


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CSUF Patent Troll Seminar – Full Video

At this seminar, panelists Roger N. Behle (IP litigator at Foley, Bezek, Behle & Curtis, LLP), Jerry Conrey (Principal at Conrey Insurance Brokers) and Dr. Robert Kovacev (Professor of Finance at CSUF) discussed:

  • The role of a patent troll and how to identify one
  • Other intellectual property threats
  • Current and pending legislation designed to address patent trolling
  • Legal steps business owners should take when encountering a troll
  • Candidates for insurance protection

For more info, you can get in touch with us directly at csufentrepreneurship@fullerton­.edu

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