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Welcome I'm Sean Wilkerson.

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Innovation Development Program

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manager here at the United States

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Patent and Trademark Office.

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I want to thank you today for joining us

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for the Women's Entrepreneurship Symposium.

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We're excited to have you here

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for the third in our series of

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discussions held every Wednesday in

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March celebrating Women's History

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Month before we start the panel.

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Resources for protecting

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your intellectual property.

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I have a few housekeeping notes to go over.

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The agenda for today's program

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is in the inbox of everyone who

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registered for the program,

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but it can also be found

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online at www.uspto.gov.

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During the panel,

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we will be accepting questions for the panel.

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If you'd like to send us your question,

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you can do so by email at Wes at

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uspto.gov we'll do our best to get to all

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of your questions at the end of the panel.

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If for any reason you get

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disconnected during the presentation.

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You can log back into the program at anytime

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using the link that brought you here.

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If you miss a portion of the program,

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don't worry,

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we will be posting this program online in

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a few weeks on our website at uspto.gov.

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However,

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if you want to review the information

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immediately after the program,

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you can do so on Facebook.

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We will be streaming live on Facebook,

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so after the program the video will

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be posted and available to you.

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If you want to go to the USPTO.

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Presence on Facebook.

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Now at this time I would like to

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introduce you to our moderator

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for today's program, Heidi Kelley,

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Tech Center, operations Manager.

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Here at USPTO Kelley, Heidi,

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I'll let you take it from here.

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Good afternoon and welcome to the

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Women Entrepreneurship Symposium

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panel resources for protecting

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your intellectual property.

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As Sean mentioned,

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my name is Heidi Kelley.

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I'm currently technology center

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operations manager at the US Patent

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and Trademark Office with the chemical

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and materials Engineering Technology center.

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Prior to this assignment,

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my everyday task was being a

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supervisory patent examiner.

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Where I manage a team of examiners,

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chemists and chemical engineers,

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and in the area of liquid

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purification and gas separation,

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which in everyday terms is

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essentially the area of filtration.

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I look forward to moderating this panel

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with the hope that we will provide

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you with an informative discussion,

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about intellectual property resources

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as you work and plan to protect your

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intellectual property without Much Ado.

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I would like to do a cursory introduction

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of our panelists and then turn it

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over to them so they can let you

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know more about their backgrounds.

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And overview of how they and their

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agency support intellectual

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property and small businesses, and

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We have on our panel today Jason

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Lott, Jason is Attorney Advisor,

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TM customer outreach at the USPTO.

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We next have Jennifer Shieh

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who was a chief scientist and

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program manager with the Office of

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Innovation and Technology at the

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US Small Business Administration.

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We also have Jennifer Harchick

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who is a staff

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attorney with the Office of Enrollment

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and Discipline at the USPTO.

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And we also finally have Ben Benjamin

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Hardman, senior international trade

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specialist with the Office of Standards.

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An intellectual property industry

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and analysis at the International

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Trade Administration at the

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US Department of Commerce,

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and I turn it over to you,

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Jason, for your introduction.

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Thank you very much Heidi.

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Hey there everybody.

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My name is Jason Lott I am the

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attorney advisor for TMS customer

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outreach here at the USPTO.

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And really,

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that's a long way of saying that it is

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my job to teach you about trademarks,

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what they are,

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why they are important,

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and how they federal trademark registration

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can help you build your business.

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I've been with the agencies since 2000.

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I originally got hired straight

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out of law school and have

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been here for quite some time.

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I originally started off as a

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trademark examining attorney.

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Which means that when you would submit

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your application to register your trademark,

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I was one of the folks who would

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take a look at it and then do

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that for many years and then maybe

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about around 2009 2010 there was

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work project opened up to create

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a video to help applicants just

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like you avoid some pitfalls in

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filing the trademark application.

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Well,

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that one video has now become about

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30 different videos and I have

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transitioned from being an examining

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attorney into doing outreach on a.

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When it basis so I my day trying to help

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folks just like you learn about trademark,

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so we're trying to find better ways

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to educate and better ways that we can

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improve our materials to help you learn.

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So what we do at the office on

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the trademark side of the USPTO

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ascentially is register trademarks.

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That's what our mission is and

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we would love nothing more than

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to be able to have you registered

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your trademark with us.

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And so everything we do is.

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Based around that, so protection of brands,

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So you being able to protect your brand,

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that's what we do on the trademark

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side of the USPTO.

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Great hi my name is Jennifer Shieh and

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as Heidi mentioned I'm but Chief

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scientist and program manager for the

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Small Business Innovation Research,

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Small business technology

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transfer programs out of the US,

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Small Business Administration and so

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you know a little bit about myself.

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I actually come from a technical

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background as well.

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My PhD is in neuroscience,

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hence the brain,

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but the I've been with the federal

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government for a number of years.

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Really what we do at SBA,

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Is help you innovators entrepreneurs

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start small businesses an grow

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and and really you're the engine

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of of the US economy.

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So that's our mission here at SBA with

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the small Business Innovation Research,

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small business technology transfer programs,

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it's kind of known as America's Seed Fund.

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It's about $4 billion of non dilutive

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funding to go to support innovations

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and research and development.

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That's being done at small businesses.

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Get out of just being an idea and

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a discovery in a lab and actually

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get out onto the marketplace.

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And so This is Money that comes from

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across the entire federal government.

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SBA actually doesn't have any of

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that R&D money and so our job and

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our role within the the SBIR STTR

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programs is to help set the policy

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and coordinate and make sure that

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you as a small business owner or.

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Future entrepreneur knows how

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to access that money.

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How do you get to that capital?

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How do you understand and find

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advice and counseling and also

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another key part of the SBA is

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in supporting small businesses in

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getting the government as a customer

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through small business contracts.

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And one part that you may now know much

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more about that was hidden before.

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Was that SBA plays a very vital role

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in providing disaster assistance.

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And so I'm really looking forward

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to this conversation as it relates

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to intellectual property.

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You know, small businesses.

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And that's the way to really

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commercialize the that IP started company,

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get out there and get it out onto

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the marketplace. So thank you.

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Looking forward to this conversation.

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Hi my name is Jennifer Harchick.

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As Heidi mentioned I am an attorney

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in the Office of Enrollment discipline

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at the US Patent and Trademark Office.

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Prior to coming to the office I was an

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attorney in private practice where my

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focus was on all types of intellectual

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property prosecution and litigation.

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So I assisted individuals,

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small businesses,

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large businesses in obtaining patent,

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trademark and Copyright rights.

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Now at the office I have many different

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roles but one of the roles and that

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we're going to be talking about.

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Today is on the pro bono side,

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so the US Patent and Trademark Office is

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very supportive of intellectual property

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rights and supporting small businesses.

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And innovators, two of the programs

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that are office overseas is the law

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School Clinic certification program

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and the patent pro Bono program.

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Both of these programs we're going

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to be talking about in more detail

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as we go on throughout this event,

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but they both provide.

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Intellectual property services

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to the public free of charge it

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for qualified individuals,

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so I'm excited to continue on in hoping to

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Helping to promote innovation

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and businesses through patent,

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Trademark Offices programs

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that help to support pro bono and

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overseeing these two programs.

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Thank you.

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Hi everyone, thank you to Heidi and

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Sean and the PTO for the wonderful

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invitation to sit on this panel.

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My name is Ben Hardman and I have

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been invited to speak on this panel

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because I have the great honor of

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running the Stop Fakes program.

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So I'm going to tell you about the the

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resources we have an the outreach that we do.

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The mission of Stop fakes is to give

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information to consumers and businesses

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about protecting intellectual property.

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So we do this in a number of ways.

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We do this through roadshows

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direct outreach to the public. 

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Our main function is kind of bringing

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together all of the assets that the US

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government has and trying to put it in

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one place for businesses to get to.

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So I'm happy to be on this panel with

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a scientist and other attorneys so

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honored to be here and the layout of

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my office where I work out of is still

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under the Department of Commerce,

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but through the International Trade

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Administration we have an Office of

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Standards and Intellectual property so

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We kind of work as the office for

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giving advice on IP through the to the

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International Trade Administration,

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and of course we're closely with

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the PTO and so happy to be here.

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Happy to talk about the program

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00:11:44,524 --> 00:11:46,949
and look forward to the discussion.

283
00:11:49,700 --> 00:11:51,788
And we're happy to have all

284
00:11:51,788 --> 00:11:54,179
of you with us here today.

285
00:11:54,180 --> 00:11:57,114
So we'll start off our discussion

286
00:11:57,114 --> 00:11:59,070
from a hypothetical perspective.

287
00:11:59,070 --> 00:12:01,515
Will start with a hypothetical

288
00:12:01,515 --> 00:12:03,960
perspective of a business owner.

289
00:12:03,960 --> 00:12:06,225
So let's say this individual

290
00:12:06,225 --> 00:12:09,340
has a great idea or concept,

291
00:12:09,340 --> 00:12:12,483
and this person may even have a

292
00:12:12,483 --> 00:12:14,977
prototype of what they consider

293
00:12:14,977 --> 00:12:18,139
to be like this novel invention,

294
00:12:18,140 --> 00:12:20,530
which you know she's worked

295
00:12:20,530 --> 00:12:23,520
on for who knows how long.

296
00:12:23,520 --> 00:12:26,020
So, for example, you know.

297
00:12:26,020 --> 00:12:27,133
This hypothetical inventor

298
00:12:27,133 --> 00:12:28,617
may not realize it,

299
00:12:28,620 --> 00:12:30,840
but they may have access to,

300
00:12:30,840 --> 00:12:31,582
for example,

301
00:12:31,582 --> 00:12:33,808
the Patent and Trademark resource centers,

302
00:12:33,810 --> 00:12:36,072
which are essentially in network of

303
00:12:36,072 --> 00:12:38,073
public state in academic libraries

304
00:12:38,073 --> 00:12:40,635
designated by the PTO's locations to

305
00:12:40,635 --> 00:12:42,870
provide assistance to public to the

306
00:12:42,870 --> 00:12:45,311
public in the areas of Patent and Trademark.

307
00:12:45,311 --> 00:12:46,053
For example,

308
00:12:46,053 --> 00:12:48,650
our business owner and flooding event or,

309
00:12:48,650 --> 00:12:49,326
you know,

310
00:12:49,326 --> 00:12:52,030
you know in in this case if they

311
00:12:52,111 --> 00:12:55,327
approach the PTRC can have a librarian.

312
00:12:55,330 --> 00:12:57,505
A system on searching historical

313
00:12:57,505 --> 00:12:59,245
data on patent trademarks.

314
00:12:59,250 --> 00:13:01,644
One of the benefits of these libraries

315
00:13:01,644 --> 00:13:04,215
is that they would have access to

316
00:13:04,215 --> 00:13:06,429
databases similar to the ones that

317
00:13:06,497 --> 00:13:08,951
examiners use when they are searching

318
00:13:08,951 --> 00:13:10,968
invention and submit an application

319
00:13:10,968 --> 00:13:14,370
so so they can find out on their own.

320
00:13:14,370 --> 00:13:15,308
You know,

321
00:13:15,308 --> 00:13:18,122
using looking at their prototype using

322
00:13:18,122 --> 00:13:19,502
descriptors vacancy historically

323
00:13:19,502 --> 00:13:22,064
what has been done in the area

324
00:13:22,064 --> 00:13:24,109
that they are interested in.

325
00:13:24,110 --> 00:13:28,160
So this is one option for a starting point,

326
00:13:28,160 --> 00:13:31,205
but I like our panelists to expound

327
00:13:31,205 --> 00:13:34,454
a little bit on starting with you

328
00:13:34,454 --> 00:13:37,226
Jason on what resources at the

329
00:13:37,323 --> 00:13:39,408
onset or at this point,

330
00:13:39,410 --> 00:13:42,990
should our hypothetical business owner.

331
00:13:42,990 --> 00:13:44,820
Have in the area of trademarks,

332
00:13:44,820 --> 00:13:45,550
for example,

333
00:13:45,550 --> 00:13:48,470
then will will go onto our other panelists.

334
00:13:48,470 --> 00:13:50,030
Sure, well I tell you what.

335
00:13:50,030 --> 00:13:50,810
Let's do honey,

336
00:13:50,810 --> 00:13:52,110
let's take you, let's say,

337
00:13:52,110 --> 00:13:53,410
make you the hypothetical inventor.

338
00:13:53,410 --> 00:13:54,450
OK, and let's say,

339
00:13:54,450 --> 00:13:56,249
and I don't know, you might be.

340
00:13:56,249 --> 00:13:57,514
Let's say you're a total

341
00:13:57,514 --> 00:13:58,870
gearhead and you have invent.

342
00:13:58,870 --> 00:13:59,910
You're working on inventing

343
00:13:59,910 --> 00:14:01,220
new sort of motorcycle, right?

344
00:14:01,220 --> 00:14:03,380
One that when it hovers off the ground

345
00:14:03,380 --> 00:14:05,630
and no one is ever seen as before, right?

346
00:14:05,630 --> 00:14:07,710
And you got your prototype in your garage.

347
00:14:07,710 --> 00:14:08,132
OK, great.

348
00:14:08,132 --> 00:14:10,502
So what are you going to do now that you

349
00:14:10,502 --> 00:14:12,386
have this piece of intellectual property?

350
00:14:12,390 --> 00:14:14,470
What are you going to do with it?

351
00:14:14,470 --> 00:14:14,730
Well,

352
00:14:14,730 --> 00:14:16,290
you might consider starting a business,

353
00:14:16,290 --> 00:14:17,942
and so one of the things when

354
00:14:17,942 --> 00:14:19,150
you're starting to business.

355
00:14:19,150 --> 00:14:20,580
One thing to think about.

356
00:14:20,580 --> 00:14:22,195
Is your trademark and essentially

357
00:14:22,195 --> 00:14:24,608
what that means is what is the sort

358
00:14:24,608 --> 00:14:26,316
of brand that you have for your

359
00:14:26,376 --> 00:14:28,818
particular good or your particular service,

360
00:14:28,820 --> 00:14:29,136
right?

361
00:14:29,136 --> 00:14:31,988
Maybe it's a brand name, maybe it's a slogan.

362
00:14:31,988 --> 00:14:33,256
Maybe it's a logo.

363
00:14:33,260 --> 00:14:34,750
Maybe it's a combination of

364
00:14:34,750 --> 00:14:36,750
all of all of those things,

365
00:14:36,750 --> 00:14:38,878
and what we're really talking about is

366
00:14:38,878 --> 00:14:41,498
how do people find you in the marketplace,

367
00:14:41,500 --> 00:14:41,817
right?

368
00:14:41,817 --> 00:14:44,036
What is the name of the thing?

369
00:14:44,040 --> 00:14:46,063
What is the brand of the thing

370
00:14:46,063 --> 00:14:47,530
that you were selling?

371
00:14:47,530 --> 00:14:49,426
Or the service that you're providing?

372
00:14:49,430 --> 00:14:51,446
And that's the most important thing.

373
00:14:51,450 --> 00:14:52,830
Because your public has to

374
00:14:52,830 --> 00:14:54,640
be able to find you right.

375
00:14:54,640 --> 00:14:56,496
So how are they going to be able

376
00:14:56,496 --> 00:14:58,728
to like find you online when they

377
00:14:58,728 --> 00:15:00,438
type something into Google there?

378
00:15:00,440 --> 00:15:02,180
Typing, hover cycle or Heidi's hovercycle

379
00:15:02,180 --> 00:15:03,630
or something like that, right?

380
00:15:03,630 --> 00:15:05,080
That's how they find you.

381
00:15:05,080 --> 00:15:06,152
That's how you advertise.

382
00:15:06,152 --> 00:15:08,132
And it's you know when you're when

383
00:15:08,132 --> 00:15:09,717
you're actually selling the thing.

384
00:15:09,720 --> 00:15:11,596
Maybe it's the brand that you're putting

385
00:15:11,596 --> 00:15:13,490
on the actual product itself, right?

386
00:15:13,490 --> 00:15:15,810
So what we're talking about is a brand,

387
00:15:15,810 --> 00:15:17,310
and that really in a lot

388
00:15:17,310 --> 00:15:19,000
of ways is your trademark,

389
00:15:19,000 --> 00:15:20,740
because it's how people find you.

390
00:15:20,740 --> 00:15:22,612
And so even though you're at

391
00:15:22,612 --> 00:15:23,860
the very beginning stages.

392
00:15:23,860 --> 00:15:24,658
Beginning your business,

393
00:15:24,658 --> 00:15:26,254
you need to already be thinking

394
00:15:26,254 --> 00:15:27,558
about what that trademark is,

395
00:15:27,560 --> 00:15:28,880
what that brand name is,

396
00:15:28,880 --> 00:15:31,247
because you want to lock it down early on.

397
00:15:31,250 --> 00:15:33,070
Because if you think about your business

398
00:15:33,070 --> 00:15:34,419
suddenly taking off and growing,

399
00:15:34,420 --> 00:15:36,760
you don't want to be at a place you know

400
00:15:36,824 --> 00:15:39,168
a couple years down the road there like,

401
00:15:39,170 --> 00:15:39,986
Oh yeah, man.

402
00:15:39,986 --> 00:15:42,204
What was the I should have really come

403
00:15:42,204 --> 00:15:44,445
up for a name for that thing you know?

404
00:15:44,450 --> 00:15:46,284
And because by that point other people

405
00:15:46,284 --> 00:15:48,407
might be calling their thing a similar name?

406
00:15:48,410 --> 00:15:49,725
Or somebody else might start

407
00:15:49,725 --> 00:15:50,514
a competitive company.

408
00:15:50,520 --> 00:15:52,110
That's just kind of like yours,

409
00:15:52,110 --> 00:15:54,254
and it's kind of coming up with a

410
00:15:54,254 --> 00:15:55,988
name that's sort of like yours.

411
00:15:55,990 --> 00:15:58,434
You don't want to have that happen, right?

412
00:15:58,434 --> 00:15:59,650
You want to get.

413
00:15:59,650 --> 00:16:01,480
You want to protect your trademark,

414
00:16:01,480 --> 00:16:03,010
your brand name, your slogan,

415
00:16:03,010 --> 00:16:05,138
your logo, whatever it happens to be,

416
00:16:05,140 --> 00:16:06,970
that identifies you as the source

417
00:16:06,970 --> 00:16:08,466
of Heidi's hover cycles, right?

418
00:16:08,466 --> 00:16:10,398
You want to lock that stuff down

419
00:16:10,398 --> 00:16:12,298
early so you can prevent your

420
00:16:12,298 --> 00:16:13,908
competitors from sort of trading

421
00:16:13,908 --> 00:16:16,120
on your good name later on as

422
00:16:16,120 --> 00:16:17,657
your business continues to grow.

423
00:16:17,657 --> 00:16:20,193
So one of the first things you're going

424
00:16:20,193 --> 00:16:22,794
to want to do is figure out what is

425
00:16:22,794 --> 00:16:25,268
the brand name that I want to protect.

426
00:16:25,270 --> 00:16:27,538
How are people going to identify me?

427
00:16:27,540 --> 00:16:28,491
In the marketplace,

428
00:16:28,491 --> 00:16:30,710
and then you can do that research

429
00:16:30,772 --> 00:16:31,489
to find out.

430
00:16:31,490 --> 00:16:34,055
Is this actually a new name or is it

431
00:16:34,055 --> 00:16:36,655
going to be too close to somebody else,

432
00:16:36,660 --> 00:16:36,942
right?

433
00:16:36,942 --> 00:16:39,480
Because what you want to be able to do

434
00:16:39,549 --> 00:16:41,747
is have your trademark and then protect

435
00:16:41,747 --> 00:16:44,258
it here at the USPTO with us right?

436
00:16:44,260 --> 00:16:45,940
You want to have your brand name

437
00:16:45,940 --> 00:16:47,837
and then file for federal trademark

438
00:16:47,837 --> 00:16:49,712
registration in order to get

439
00:16:49,712 --> 00:16:51,249
nationwide protection for your mark.

440
00:16:51,250 --> 00:16:53,343
And you want in the one of

441
00:16:53,343 --> 00:16:55,507
the ways to do that is was.

442
00:16:55,510 --> 00:16:57,090
Once you file the examination

443
00:16:57,090 --> 00:16:58,670
that's going to take place.

444
00:16:58,670 --> 00:17:00,392
Is we're going to look at

445
00:17:00,392 --> 00:17:01,540
that application and say,

446
00:17:01,540 --> 00:17:03,136
is anybody else out there using

447
00:17:03,136 --> 00:17:04,878
the same or similar mark for

448
00:17:04,878 --> 00:17:06,130
related goods and services?

449
00:17:06,130 --> 00:17:08,407
So what you can do before you even file

450
00:17:08,407 --> 00:17:10,387
and maybe before he even lock down

451
00:17:10,387 --> 00:17:12,509
in your own mind exactly what your

452
00:17:12,509 --> 00:17:15,027
brand and your trademark is going to be.

453
00:17:15,027 --> 00:17:16,749
You can do this search and

454
00:17:16,749 --> 00:17:17,610
as highly mentioned,

455
00:17:17,610 --> 00:17:20,193
you could talk to the folks at a PTRC,

456
00:17:20,200 --> 00:17:22,184
you can even do the search yourself

457
00:17:22,184 --> 00:17:24,013
because we have the trademark electronic

458
00:17:24,013 --> 00:17:25,939
search system which is our database.

459
00:17:25,940 --> 00:17:27,998
It is publicly accessible 24/7 on our

460
00:17:27,998 --> 00:17:30,110
website and you can use our database.

461
00:17:30,110 --> 00:17:32,286
And look to see is anybody else out

462
00:17:32,286 --> 00:17:34,327
there using Heidi's hover cycles right

463
00:17:34,327 --> 00:17:36,481
for motorcycles that you know float

464
00:17:36,540 --> 00:17:38,508
off the ground so you can do that?

465
00:17:38,510 --> 00:17:40,834
Search beforehand and you can also use

466
00:17:40,834 --> 00:17:42,708
the Internet obviously to look to see.

467
00:17:42,710 --> 00:17:44,210
Is anybody else out there?

468
00:17:44,210 --> 00:17:45,110
'cause maybe it?

469
00:17:45,110 --> 00:17:46,310
Turns out you know,

470
00:17:46,310 --> 00:17:47,978
let's say that you're based in

471
00:17:47,978 --> 00:17:49,727
Virginia and it turns out that

472
00:17:49,727 --> 00:17:51,461
somebody in Arizona is already coming

473
00:17:51,461 --> 00:17:53,380
up with something else that's very

474
00:17:53,380 --> 00:17:55,306
similar with a very similar name.

475
00:17:55,310 --> 00:17:56,810
Well, you might want to

476
00:17:56,810 --> 00:17:58,010
rethink calling your thing,

477
00:17:58,010 --> 00:17:59,545
Heidi hover cycles and come

478
00:17:59,545 --> 00:18:01,080
up with a different name.

479
00:18:01,080 --> 00:18:02,970
Because you don't want to run into

480
00:18:02,970 --> 00:18:04,389
sort of competition with that

481
00:18:04,389 --> 00:18:06,039
other guy in Arizona with the

482
00:18:06,039 --> 00:18:07,636
motorcycle that he's creating, right?

483
00:18:07,636 --> 00:18:09,924
So you want to start doing that research

484
00:18:09,924 --> 00:18:11,862
early early on in the beginning of

485
00:18:11,862 --> 00:18:13,562
the business to make sure you're

486
00:18:13,562 --> 00:18:15,606
not going to come up with something

487
00:18:15,606 --> 00:18:17,682
that's going to sort of compete with

488
00:18:17,682 --> 00:18:19,889
other folks in terms of a brand name,

489
00:18:19,890 --> 00:18:21,300
and that might confuse consumers

490
00:18:21,300 --> 00:18:22,710
when they encounter both of

491
00:18:22,759 --> 00:18:24,169
your goods in the marketplace,

492
00:18:24,170 --> 00:18:26,339
so that's a lot of the work that you

493
00:18:26,339 --> 00:18:28,334
want to do early on before you even

494
00:18:28,334 --> 00:18:30,918
get to the point where you're trying to

495
00:18:30,918 --> 00:18:33,008
register your trademark with the USPTO.

496
00:18:33,008 --> 00:18:35,024
Is you want to be thinking about

497
00:18:35,024 --> 00:18:36,468
the trademark itself and doing

498
00:18:36,468 --> 00:18:38,094
as much research as you can,

499
00:18:38,100 --> 00:18:40,088
as much learning as you can to

500
00:18:40,088 --> 00:18:41,508
understand trademarks and we have

501
00:18:41,508 --> 00:18:43,056
lots of resources that are available

502
00:18:43,056 --> 00:18:44,971
on the USPTO.gov website in addition

503
00:18:44,971 --> 00:18:47,380
to other things that we do and we can

504
00:18:47,380 --> 00:18:49,609
get more in depth into those later on.

505
00:18:49,610 --> 00:18:51,528
Or I can talk about them now.

506
00:18:51,530 --> 00:18:52,900
Heidi if you want to.

507
00:18:52,900 --> 00:18:54,270
If you want me too,

508
00:18:54,270 --> 00:18:56,454
but those are the sorts of things you

509
00:18:56,454 --> 00:18:59,198
want to do early on in the process is like.

510
00:18:59,200 --> 00:19:00,844
Figure out what your trademark is

511
00:19:00,844 --> 00:19:02,706
going to be, and then figure out.

512
00:19:02,706 --> 00:19:04,740
Is this something that I can protect?

513
00:19:04,740 --> 00:19:07,206
And if So what are the steps that I

514
00:19:07,206 --> 00:19:10,004
need to take in order to get federal

515
00:19:10,004 --> 00:19:11,810
protection for that trademark?

516
00:19:11,810 --> 00:19:12,384
So Jason,

517
00:19:12,384 --> 00:19:14,680
since we're on the topic and can you

518
00:19:14,744 --> 00:19:17,489
let them know where they would go to search?

519
00:19:17,490 --> 00:19:17,756
Yeah,

520
00:19:17,756 --> 00:19:18,022
sure.

521
00:19:18,022 --> 00:19:20,150
So if you go to uspto.gov you will

522
00:19:20,217 --> 00:19:22,251
click on if you go to our home page

523
00:19:22,251 --> 00:19:24,504
you will see a section that's for TMS.

524
00:19:24,510 --> 00:19:25,550
Actually, you know what?

525
00:19:25,550 --> 00:19:27,107
There's an even easier way, right?

526
00:19:27,107 --> 00:19:29,163
I was going to take you into the

527
00:19:29,163 --> 00:19:30,485
trademarks landing page and then

528
00:19:30,485 --> 00:19:32,310
you can find on the landing page.

529
00:19:32,310 --> 00:19:34,039
But one of the easy things to

530
00:19:34,039 --> 00:19:35,688
do is actually on our website.

531
00:19:35,690 --> 00:19:37,384
I believe it's on the right hand

532
00:19:37,384 --> 00:19:38,550
side of the screen.

533
00:19:38,550 --> 00:19:40,419
There is a little box called find

534
00:19:40,419 --> 00:19:41,220
it fast and

535
00:19:41,284 --> 00:19:42,706
in the find it fast box.

536
00:19:42,710 --> 00:19:44,276
There's a section for patents and

537
00:19:44,276 --> 00:19:45,627
there's a section for trademarks

538
00:19:45,627 --> 00:19:47,163
and if you click on trademarks

539
00:19:47,163 --> 00:19:49,029
it'll have a little tiny drop down.

540
00:19:49,030 --> 00:19:51,190
And one of the things that you can

541
00:19:51,190 --> 00:19:53,400
drop down and you'll look for tests.

542
00:19:53,400 --> 00:19:54,560
TESS, that's the trademark

543
00:19:54,560 --> 00:19:55,430
electronic search system.

544
00:19:55,430 --> 00:19:57,959
And so you can easily Click to it from

545
00:19:57,959 --> 00:20:00,630
the from the home page of USPTO. Gov.

546
00:20:03,120 --> 00:20:05,080
Thank you, Jason,  Jennifer Shieh

547
00:20:05,080 --> 00:20:07,512
can you speak so so we have

548
00:20:07,512 --> 00:20:09,769
our our hypothetical person.

549
00:20:09,770 --> 00:20:12,318
They are now thinking about a trademark

550
00:20:12,318 --> 00:20:14,610
and they're also thinking, well,

551
00:20:14,610 --> 00:20:18,390
I definitely want to start a business.

552
00:20:18,390 --> 00:20:21,127
So they're looking to maybe the SBA,

553
00:20:21,130 --> 00:20:22,666
and if they're not,

554
00:20:22,666 --> 00:20:25,852
can you tell them what help the SBA

555
00:20:25,852 --> 00:20:28,652
would provide at the start of the

556
00:20:28,652 --> 00:20:31,588
process for somebody in this position?

557
00:20:31,590 --> 00:20:33,816
Yeah, and actually you know I,

558
00:20:33,820 --> 00:20:36,040
I really appreciate hearing that perspective.

559
00:20:36,040 --> 00:20:37,198
Jason, 'cause I,

560
00:20:37,198 --> 00:20:40,673
you know I actually coming from so I I

561
00:20:40,673 --> 00:20:43,457
have two diverging thoughts and so I will.

562
00:20:43,460 --> 00:20:46,428
I will but it makes me think of,

563
00:20:46,430 --> 00:20:49,027
you know the the list of band

564
00:20:49,027 --> 00:20:51,997
names that I keep in my my phone.

565
00:20:52,000 --> 00:20:55,080
So having a good some good trademark name

566
00:20:55,080 --> 00:20:58,296
so that you don't do all of this work.

567
00:20:58,300 --> 00:21:01,400
An effort to build up a product to do all

568
00:21:01,484 --> 00:21:04,436
the research to develop your invention.

569
00:21:04,440 --> 00:21:06,576
And then create a business and

570
00:21:06,576 --> 00:21:09,347
now is to find you at the camp.

571
00:21:09,350 --> 00:21:11,807
So how are you gonna sell it?

572
00:21:11,810 --> 00:21:14,820
So if you do want to start a business so

573
00:21:14,895 --> 00:21:18,127
I'm gonna go down two different tracks here.

574
00:21:18,130 --> 00:21:20,254
Why does actually just thinking about

575
00:21:20,254 --> 00:21:22,339
on the invention side of things?

576
00:21:22,340 --> 00:21:24,650
So putting on my scientist hat, if

577
00:21:24,650 --> 00:21:27,258
I just came up with an invention,

578
00:21:27,260 --> 00:21:30,088
I have a prototype.

579
00:21:30,090 --> 00:21:32,274
I you know, I may not actually,

580
00:21:32,280 --> 00:21:32,549
know,

581
00:21:32,549 --> 00:21:34,701
I would think that I wouldn't want to

582
00:21:34,701 --> 00:21:36,969
yet name it something and it's really

583
00:21:36,969 --> 00:21:39,323
about kind of trying to figure out

584
00:21:39,323 --> 00:21:41,327
my invention and that customer like

585
00:21:41,327 --> 00:21:43,902
what's the market going to be so that I

586
00:21:43,902 --> 00:21:46,675
can really think carefully about what it is,

587
00:21:46,680 --> 00:21:50,748
how it is I I want to be known.

588
00:21:50,750 --> 00:21:53,200
And so if there still needs to

589
00:21:53,200 --> 00:21:55,240
be more research and development

590
00:21:55,240 --> 00:21:57,525
done to actually turn this,

591
00:21:57,530 --> 00:22:01,112
maybe it's a prototype into a a full product.

592
00:22:01,120 --> 00:22:01,904
You know,

593
00:22:01,904 --> 00:22:03,472
there's definitely the program

594
00:22:03,472 --> 00:22:05,510
that I was talking about.

595
00:22:05,510 --> 00:22:07,510
The Small Business Innovation Research,

596
00:22:07,510 --> 00:22:09,500
small business technology transfer programs,

597
00:22:09,500 --> 00:22:12,440
and thinking about how to use

598
00:22:12,440 --> 00:22:15,474
that to really continue the R&D

599
00:22:15,474 --> 00:22:17,919
for the the full development.

600
00:22:17,920 --> 00:22:19,380
But on the business side,

601
00:22:19,380 --> 00:22:20,840
you know, once you do,

602
00:22:20,840 --> 00:22:23,468
you've got an idea you want to protect it,

603
00:22:23,470 --> 00:22:25,742
and so you want to think about how

604
00:22:25,742 --> 00:22:28,412
to make sure that your you can both

605
00:22:28,412 --> 00:22:30,789
develop and protect at the same time.

606
00:22:30,790 --> 00:22:34,619
And and there are so many different.

607
00:22:34,620 --> 00:22:37,788
Factors that go into creating a

608
00:22:37,788 --> 00:22:40,336
successful business and launching a

609
00:22:40,336 --> 00:22:43,128
product and one of the key things to

610
00:22:43,128 --> 00:22:45,952
know I think is you are not alone

611
00:22:45,952 --> 00:22:48,456
and there are many experts out there

612
00:22:48,456 --> 00:22:50,670
in all of these different facets

613
00:22:50,742 --> 00:22:53,118
of creating a business of thinking

614
00:22:53,118 --> 00:22:55,228
through the research and development

615
00:22:55,228 --> 00:22:57,964
side of thinking through the marketing

616
00:22:57,964 --> 00:23:00,714
and planning side and the Small

617
00:23:00,714 --> 00:23:02,546
Business Administration has resources

618
00:23:02,546 --> 00:23:05,447
to help you cover run the gamut.

619
00:23:05,450 --> 00:23:07,640
Of how you actually get registered

620
00:23:07,640 --> 00:23:08,735
as a business?

621
00:23:08,740 --> 00:23:11,644
What are some of the things you need

622
00:23:11,644 --> 00:23:14,967
to do so one of the core pieces is,

623
00:23:14,970 --> 00:23:16,795
you know, we as the

624
00:23:16,795 --> 00:23:18,255
specifically within the SBA.

625
00:23:18,260 --> 00:23:20,479
We can't help every single person in

626
00:23:20,479 --> 00:23:22,650
the country are directly ourselves.

627
00:23:22,650 --> 00:23:24,846
We want to, but we just

628
00:23:24,846 --> 00:23:25,944
can't reach everybody.

629
00:23:25,950 --> 00:23:28,462
And so the key way we do reach

630
00:23:28,462 --> 00:23:30,427
everybody is by making sure

631
00:23:30,427 --> 00:23:32,527
that we find resource partners.

632
00:23:32,530 --> 00:23:36,800
And I do want to put a call out 'cause today.

633
00:23:36,800 --> 00:23:38,368
Is actually SBDC day,

634
00:23:38,368 --> 00:23:40,720
which is the small business development

635
00:23:40,785 --> 00:23:43,417
centers and they are a huge key resource.

636
00:23:43,420 --> 00:23:46,024
There are over 980 small business

637
00:23:46,024 --> 00:23:48,164
development centers across the entire

638
00:23:48,164 --> 00:23:50,488
country that are there to help you

639
00:23:50,488 --> 00:23:52,989
to help you figure out how do you.

640
00:23:52,990 --> 00:23:55,690
What do you need to do to get started

641
00:23:55,690 --> 00:23:57,781
to actually create a business

642
00:23:57,781 --> 00:24:00,349
and once you have it business,

643
00:24:00,350 --> 00:24:02,738
what're what're you gonna do to

644
00:24:02,738 --> 00:24:05,500
her to develop your business plan?

645
00:24:05,500 --> 00:24:07,370
There are also SBA funds,

646
00:24:07,370 --> 00:24:09,596
an organization called Score, it use.

647
00:24:09,600 --> 00:24:10,860
It's one of those.

648
00:24:10,860 --> 00:24:13,677
It used to be an acronym that stood

649
00:24:13,677 --> 00:24:15,802
for something specific and now

650
00:24:15,802 --> 00:24:18,179
has become known as just score,

651
00:24:18,180 --> 00:24:20,518
so I don't even want to say

652
00:24:20,518 --> 00:24:22,811
exactly what it stood for because

653
00:24:22,811 --> 00:24:25,639
I don't want people to think that,

654
00:24:25,640 --> 00:24:26,789
but it's score.

655
00:24:26,789 --> 00:24:29,087
Is this mentoring network and so

656
00:24:29,087 --> 00:24:30,120
it's a large.

657
00:24:30,120 --> 00:24:31,860
It's the nation's largest network

658
00:24:31,860 --> 00:24:33,600
of volunteer business mentors that

659
00:24:33,653 --> 00:24:35,289
have knowledge and experience

660
00:24:35,289 --> 00:24:36,516
about starting businesses.

661
00:24:36,520 --> 00:24:38,698
From all sorts of different angles,

662
00:24:38,700 --> 00:24:40,961
and so it's it's a place where

663
00:24:40,961 --> 00:24:42,690
you can find somebody.

664
00:24:42,690 --> 00:24:44,868
Who knows maybe how to navigate

665
00:24:44,868 --> 00:24:46,320
that trademark space also,

666
00:24:46,320 --> 00:24:50,070
and get some advice on that.

667
00:24:50,070 --> 00:24:51,714
We also support specifically

668
00:24:51,714 --> 00:24:52,947
women's business centers,

669
00:24:52,950 --> 00:24:55,834
and so since this is the Women's

670
00:24:55,834 --> 00:24:56,658
Entrepreneurship Symposium,

671
00:24:56,660 --> 00:24:59,260
I would be remiss in not calling out

672
00:24:59,260 --> 00:25:02,019
the women's business centers specifically,

673
00:25:02,020 --> 00:25:05,308
but that is a fantastic place to start.

674
00:25:05,310 --> 00:25:07,422
And so it's these are community

675
00:25:07,422 --> 00:25:09,445
based centers that help with

676
00:25:09,445 --> 00:25:11,080
training mentoring referrals.

677
00:25:11,080 --> 00:25:13,678
They help you broaden in your

678
00:25:13,678 --> 00:25:16,854
network and tap into many of the

679
00:25:16,854 --> 00:25:19,566
the resources that exist out there.

680
00:25:19,570 --> 00:25:21,964
And then also we also support

681
00:25:21,964 --> 00:25:23,560
veterans business outreach centers.

682
00:25:23,560 --> 00:25:26,101
So if you are a current former

683
00:25:26,101 --> 00:25:28,350
member of the military one,

684
00:25:28,350 --> 00:25:31,136
thank you so much for your service.

685
00:25:31,140 --> 00:25:31,860
And two,

686
00:25:31,860 --> 00:25:34,380
we want to help you transition out

687
00:25:34,380 --> 00:25:37,530
into starting your own companies as well.

688
00:25:37,530 --> 00:25:39,996
And so there are great training

689
00:25:39,996 --> 00:25:41,640
programs through the Veterans

690
00:25:41,708 --> 00:25:43,460
Business Outreach centers.

691
00:25:43,460 --> 00:25:45,938
So SBA supports this huge resource

692
00:25:45,938 --> 00:25:48,521
partner network and this is to get

693
00:25:48,521 --> 00:25:51,113
on the ground and I realize you know

694
00:25:51,113 --> 00:25:53,678
now we're primarily operating remotely,

695
00:25:53,680 --> 00:25:55,918
but it is really helpful often

696
00:25:55,918 --> 00:25:58,723
to find who is that local person

697
00:25:58,723 --> 00:26:01,572
that can tell you how it's done

698
00:26:01,657 --> 00:26:03,895
even in your state or city.

699
00:26:03,900 --> 00:26:07,270
Maybe there was some special.

700
00:26:07,270 --> 00:26:10,414
Thing programs that your city actually

701
00:26:10,414 --> 00:26:14,039
does to help support small businesses.

702
00:26:14,040 --> 00:26:18,290
And so the place to go for that is sba.gov.

703
00:26:18,290 --> 00:26:20,420
If you remember nothing else.

704
00:26:20,420 --> 00:26:22,540
Hopefully it's sba.gov local assistance,

705
00:26:22,540 --> 00:26:24,670
but you can find partners.

706
00:26:24,670 --> 00:26:27,379
You can help that will help you

707
00:26:27,379 --> 00:26:29,233
navigate this whole complicated

708
00:26:29,233 --> 00:26:31,081
business complicated business

709
00:26:31,081 --> 00:26:33,545
of starting a business.

710
00:26:33,550 --> 00:26:35,620
And then once you're ready for

711
00:26:35,620 --> 00:26:36,655
the funding side,

712
00:26:36,660 --> 00:26:39,012
I think will probably talk more

713
00:26:39,012 --> 00:26:41,888
about that in in the next round.

714
00:26:41,890 --> 00:26:43,190
Once you started your business.

715
00:26:45,420 --> 00:26:46,674
Thank you, Jennifer.

716
00:26:46,674 --> 00:26:49,182
That was a lot of information.

717
00:26:49,190 --> 00:26:50,026
Very helpful.

718
00:26:50,026 --> 00:26:52,952
Will turn it over to Jennifer Harchick.

719
00:26:52,960 --> 00:26:53,866
Jennifer.

720
00:26:53,866 --> 00:26:57,037
Give us a a little bit more

721
00:26:57,037 --> 00:26:59,567
information on what are hypothetical.

722
00:26:59,570 --> 00:27:01,620
Heidi's hovercraft is what Jason calls it.

723
00:27:01,620 --> 00:27:02,817
What is that?

724
00:27:02,817 --> 00:27:04,413
Our hypothetical person need

725
00:27:04,413 --> 00:27:07,354
to do on the patent side, yes,

726
00:27:07,354 --> 00:27:09,374
so as you're thinking about

727
00:27:09,374 --> 00:27:11,460
everything that Jason talked about,

728
00:27:11,460 --> 00:27:13,100
your thinking about branding

729
00:27:13,100 --> 00:27:15,150
and Jennifer talked about your

730
00:27:15,150 --> 00:27:17,197
thinking about starting a business,

731
00:27:17,200 --> 00:27:19,624
what else should you be thinking

732
00:27:19,624 --> 00:27:21,710
about on the patent side,

733
00:27:21,710 --> 00:27:23,434
you should be thinking

734
00:27:23,434 --> 00:27:25,158
about protecting your new.

735
00:27:25,160 --> 00:27:27,100
Invention that new motorcycle

736
00:27:27,100 --> 00:27:29,525
that hovering motorcycle that is

737
00:27:29,525 --> 00:27:31,728
brand new no one seen before.

738
00:27:31,730 --> 00:27:33,920
How do you do that?

739
00:27:33,920 --> 00:27:36,433
The way to do that is to

740
00:27:36,433 --> 00:27:38,740
file a patent application.

741
00:27:38,740 --> 00:27:41,368
So if a patent is granted,

742
00:27:41,370 --> 00:27:44,196
it is a federal intellectual property

743
00:27:44,196 --> 00:27:47,058
right that provides protection to the owner,

744
00:27:47,060 --> 00:27:50,063
the owner of a patented invention can

745
00:27:50,063 --> 00:27:52,319
prevent someone else from making,

746
00:27:52,320 --> 00:27:54,505
using or selling their claimed

747
00:27:54,505 --> 00:27:55,379
patented invention.

748
00:27:55,380 --> 00:27:56,451
So you spent.

749
00:27:56,451 --> 00:27:58,593
All this time all this resources

750
00:27:58,593 --> 00:28:01,166
you don't want someone else or

751
00:28:01,166 --> 00:28:03,306
competitor sweeping in and taking

752
00:28:03,386 --> 00:28:05,528
that invention away from you and

753
00:28:05,528 --> 00:28:08,088
putting it out on the marketplace 1st

754
00:28:08,088 --> 00:28:10,344
and capitalizing on your hard work.

755
00:28:10,350 --> 00:28:12,260
So start thinking about should

756
00:28:12,260 --> 00:28:13,788
your invention be patented

757
00:28:13,788 --> 00:28:15,608
and protected in that way.

758
00:28:15,610 --> 00:28:18,109
One of the things you would start

759
00:28:18,109 --> 00:28:21,254
to look at it is do you is your

760
00:28:21,254 --> 00:28:23,514
invention new and UN obvious so

761
00:28:23,514 --> 00:28:26,890
meaning in the ordinary skill in the art.

762
00:28:26,890 --> 00:28:28,021
Someone in that.

763
00:28:28,021 --> 00:28:30,283
Art, is it something that's new?

764
00:28:30,290 --> 00:28:33,170
That's not known, not done by anybody else.

765
00:28:33,170 --> 00:28:35,418
And is it UN obvious like it would

766
00:28:35,418 --> 00:28:37,778
not be obvious based on combining

767
00:28:37,778 --> 00:28:40,370
other inventions that are out there.

768
00:28:40,370 --> 00:28:43,610
So in this case Jason has set it up.

769
00:28:43,610 --> 00:28:45,674
It is new he doesn't know

770
00:28:45,674 --> 00:28:47,570
of anything else out there.

771
00:28:47,570 --> 00:28:49,970
Finally a hovering motorcycle and so

772
00:28:49,970 --> 00:28:52,251
patent application is the way you

773
00:28:52,251 --> 00:28:54,407
want to go to protect those rights.

774
00:28:54,410 --> 00:28:55,850
There are several different

775
00:28:55,850 --> 00:28:57,290
types of patent applications.

776
00:28:57,290 --> 00:28:59,528
So the first type of patent

777
00:28:59,528 --> 00:29:00,647
application to consider.

778
00:29:00,650 --> 00:29:03,320
Would be a provisional patent application,

779
00:29:03,320 --> 00:29:06,295
so this is an application that is

780
00:29:06,295 --> 00:29:09,029
used and basically as a placeholder

781
00:29:09,029 --> 00:29:11,324
to reserve your filing date.

782
00:29:11,330 --> 00:29:13,850
the US patent system is a

783
00:29:13,850 --> 00:29:16,230
first inventor to file system,

784
00:29:16,230 --> 00:29:18,852
which means the first inventor to

785
00:29:18,852 --> 00:29:21,598
file a patent application has the

786
00:29:21,598 --> 00:29:23,434
presumption of having superior

787
00:29:23,434 --> 00:29:26,197
rights over anyone else who files

788
00:29:26,197 --> 00:29:28,307
a patent application for that

789
00:29:28,307 --> 00:29:30,690
type of invention later on so

790
00:29:30,690 --> 00:29:32,910
You won't see this file the

791
00:29:32,910 --> 00:29:34,210
provisional application.

792
00:29:34,210 --> 00:29:36,466
One of the things with the

793
00:29:36,466 --> 00:29:37,218
provisional application.

794
00:29:37,220 --> 00:29:39,470
It is a placeholder per say.

795
00:29:39,470 --> 00:29:41,350
It does not actually get

796
00:29:41,350 --> 00:29:42,854
examined by an examiner.

797
00:29:42,860 --> 00:29:43,198
However,

798
00:29:43,198 --> 00:29:45,902
it gives the inventor one year to make

799
00:29:45,902 --> 00:29:48,870
a determination of what should they do.

800
00:29:48,870 --> 00:29:51,278
Should they continue on and they can

801
00:29:51,278 --> 00:29:53,760
also get that earlier filing date.

802
00:29:53,760 --> 00:29:54,897
As I said,

803
00:29:54,897 --> 00:29:57,171
filing dates are very important if

804
00:29:57,171 --> 00:30:00,254
you want to be that first inventor to.

805
00:30:00,260 --> 00:30:02,570
While you can file a provisional

806
00:30:02,570 --> 00:30:04,110
patent application after one

807
00:30:04,173 --> 00:30:06,819
year of the from the filing date

808
00:30:06,819 --> 00:30:07,953
of provisional application,

809
00:30:07,960 --> 00:30:09,178
it automatically expires.

810
00:30:09,178 --> 00:30:12,020
So as the inventor you could have

811
00:30:12,092 --> 00:30:14,114
one year to think about should

812
00:30:14,114 --> 00:30:16,429
you continue on in this process.

813
00:30:16,430 --> 00:30:19,940
You could do a little more.

814
00:30:19,940 --> 00:30:22,250
Investigation is it already out there.

815
00:30:22,250 --> 00:30:24,945
Maybe it is, but you don't know.

816
00:30:24,950 --> 00:30:28,406
But if it's not, what do you do then?

817
00:30:28,410 --> 00:30:30,727
The next thing you would do within

818
00:30:30,727 --> 00:30:33,583
that one year period in order to claim

819
00:30:33,583 --> 00:30:35,946
the benefit of that earlier filing

820
00:30:35,946 --> 00:30:38,416
date on the provisional application,

821
00:30:38,420 --> 00:30:41,236
you would file what is called a non

822
00:30:41,236 --> 00:30:43,254
provisional patent application which is

823
00:30:43,254 --> 00:30:45,732
also known as a utility application.

824
00:30:45,740 --> 00:30:48,134
So you are claiming in that application

825
00:30:48,134 --> 00:30:50,520
a new unobvious invention.

826
00:30:50,520 --> 00:30:52,837
It could be an article that can

827
00:30:52,837 --> 00:30:55,378
be a method of doing something.

828
00:30:55,380 --> 00:30:57,630
It could be a chemical composition,

829
00:30:57,630 --> 00:31:00,174
but in our situation it is that new

830
00:31:00,174 --> 00:31:02,155
product that new hovercraft motorcycle

831
00:31:02,155 --> 00:31:05,123
and so that is something that actually

832
00:31:05,197 --> 00:31:07,717
that will get examined by an examiner.

833
00:31:07,720 --> 00:31:10,360
So there you put in a very thorough

834
00:31:10,360 --> 00:31:12,402
and detailed explanation of what

835
00:31:12,402 --> 00:31:13,710
your invention is.

836
00:31:13,710 --> 00:31:15,906
There's things at the end we

837
00:31:15,906 --> 00:31:17,820
can discuss later as well.

838
00:31:17,820 --> 00:31:19,380
That's called the claim.

839
00:31:19,380 --> 00:31:21,330
So what are you claiming?

840
00:31:21,330 --> 00:31:23,616
As your invention now motorcycles are

841
00:31:23,616 --> 00:31:26,607
out there so you can't necessarily claim

842
00:31:26,607 --> 00:31:29,862
those features that are already out there.

843
00:31:29,870 --> 00:31:31,630
But of this motorcycle,

844
00:31:31,630 --> 00:31:35,418
what makes yours new over what is out there?

845
00:31:35,420 --> 00:31:38,732
And so that's where you would use that

846
00:31:38,732 --> 00:31:41,978
informing your claims of what you are

847
00:31:41,978 --> 00:31:44,318
claiming is your particular invention

848
00:31:44,403 --> 00:31:47,459
over the prior art and the prior art

849
00:31:47,459 --> 00:31:50,786
is basically anything else that is out there.

850
00:31:50,790 --> 00:31:51,690
Other patents,

851
00:31:51,690 --> 00:31:53,040
other patent applications.

852
00:31:53,040 --> 00:31:55,212
Other inventions that just may be

853
00:31:55,212 --> 00:31:57,507
out there that someone could search

854
00:31:57,507 --> 00:31:59,835
for on an Internet search provider,

855
00:31:59,840 --> 00:32:03,242
and so that's the thing you want to do.

856
00:32:03,250 --> 00:32:05,602
You don't have to file a provisional

857
00:32:05,602 --> 00:32:07,780
application like I discussed earlier.

858
00:32:07,780 --> 00:32:09,850
If you know that your invention

859
00:32:09,850 --> 00:32:11,940
is new is un obvious,

860
00:32:11,940 --> 00:32:14,152
you don't need that extra one year

861
00:32:14,152 --> 00:32:16,358
time frame to consider anything you

862
00:32:16,358 --> 00:32:19,123
can file a utility application or also

863
00:32:19,197 --> 00:32:21,765
known as a non provisional application.

864
00:32:21,770 --> 00:32:22,170
First,

865
00:32:22,170 --> 00:32:24,170
you don't have to file

866
00:32:24,170 --> 00:32:26,160
The provisional application but the

867
00:32:26,160 --> 00:32:28,849
provisional is there in case you need

868
00:32:28,849 --> 00:32:31,068
some little extra time to help you

869
00:32:31,068 --> 00:32:33,630
develop what you're what you're working on,

870
00:32:33,630 --> 00:32:35,450
or to look and see.

871
00:32:35,450 --> 00:32:37,818
Some people use it to see if it's

872
00:32:37,818 --> 00:32:39,819
really a marketable product,

873
00:32:39,820 --> 00:32:43,096
and if you want to go forward in this.

874
00:32:43,100 --> 00:32:45,599
There are also two other types of

875
00:32:45,599 --> 00:32:47,375
patent applications that aren't as

876
00:32:47,375 --> 00:32:49,295
commonly known that one is called

877
00:32:49,295 --> 00:32:50,740
a design application,

878
00:32:50,740 --> 00:32:52,560
and that protects the aesthetic

879
00:32:52,560 --> 00:32:54,016
appearance of a product.

880
00:32:54,020 --> 00:32:55,930
So in our example that.

881
00:32:55,930 --> 00:32:58,034
Motorcycle the hovering motorcycle.

882
00:32:58,034 --> 00:33:01,680
Maybe it has some unique lines or

883
00:33:01,680 --> 00:33:04,522
a unique shape that gives it that

884
00:33:04,522 --> 00:33:06,949
capability and you want to protect

885
00:33:06,949 --> 00:33:09,673
that look that shape of your motorcycle.

886
00:33:09,673 --> 00:33:12,211
So a design application would be

887
00:33:12,211 --> 00:33:15,026
something that you could also file so

888
00:33:15,026 --> 00:33:17,240
you could file a utility application

889
00:33:17,313 --> 00:33:19,493
and design application because

890
00:33:19,493 --> 00:33:21,673
both protects something different.

891
00:33:21,680 --> 00:33:24,518
The utility protects the use of

892
00:33:24,518 --> 00:33:25,937
of the invention.

893
00:33:25,940 --> 00:33:27,625
And the design protects the

894
00:33:27,625 --> 00:33:28,973
look of your invention.

895
00:33:28,980 --> 00:33:32,103
You know, I know, there's a lot of design

896
00:33:32,103 --> 00:33:34,388
applications in maybe like in soft drinks.

897
00:33:34,390 --> 00:33:36,546
If you recognize a particular shape of

898
00:33:36,546 --> 00:33:39,020
a bottle that associate that with a

899
00:33:39,020 --> 00:33:41,484
particular soft drink, you may want to.

900
00:33:41,484 --> 00:33:43,655
You know, people have used that they

901
00:33:43,655 --> 00:33:46,220
can be used in all different ways,

902
00:33:46,220 --> 00:33:48,026
so those are two types that

903
00:33:48,026 --> 00:33:49,940
you may want to consider.

904
00:33:49,940 --> 00:33:51,124
There's one I'll mention,

905
00:33:51,124 --> 00:33:53,660
it doesn't really go with our hypothetical,

906
00:33:53,660 --> 00:33:55,410
but another type of patent

907
00:33:55,410 --> 00:33:56,810
application is a plant

908
00:33:56,810 --> 00:33:58,700
Patent application so she fears

909
00:33:58,700 --> 00:34:00,590
many growers out there that

910
00:34:00,658 --> 00:34:02,710
they've come up with new plants.

911
00:34:02,710 --> 00:34:04,555
So they did the reproduction

912
00:34:04,555 --> 00:34:06,400
they've made in their greenhouse,

913
00:34:06,400 --> 00:34:07,615
and it's different.

914
00:34:07,615 --> 00:34:10,045
It's a hybrid or something compared

915
00:34:10,045 --> 00:34:11,936
it's a new type of flower.

916
00:34:11,940 --> 00:34:14,148
It's a new type of vegetable.

917
00:34:14,150 --> 00:34:16,942
It's a new type of plant that grows

918
00:34:16,942 --> 00:34:20,055
better as long as they can reproduce it.

919
00:34:20,060 --> 00:34:22,268
Then you could obtain a plant

920
00:34:22,268 --> 00:34:23,004
patent application.

921
00:34:23,010 --> 00:34:25,586
So if anybody is gardeners or growers,

922
00:34:25,590 --> 00:34:27,066
if that's your

923
00:34:27,066 --> 00:34:28,911
Your field that would be

924
00:34:28,911 --> 00:34:30,720
something to consider as well,

925
00:34:30,720 --> 00:34:34,086
so those are the four main types of patent

926
00:34:34,086 --> 00:34:36,027
applications that would want to be.

927
00:34:36,030 --> 00:34:38,064
You want to consider as you're

928
00:34:38,064 --> 00:34:39,845
thinking about branding and forming

929
00:34:39,845 --> 00:34:42,047
a small business for your invention.

930
00:34:42,050 --> 00:34:44,528
I think later on in the program,

931
00:34:44,530 --> 00:34:47,044
we're going to talk about what

932
00:34:47,044 --> 00:34:49,150
do you actually do 

933
00:34:49,150 --> 00:34:51,070
To obtain a patent application,

934
00:34:51,070 --> 00:34:52,980
to obtain a Trademark application,

935
00:34:52,980 --> 00:34:54,552
trademark application which ultimately

936
00:34:54,552 --> 00:34:56,517
hopefully resolves in an issued

937
00:34:56,517 --> 00:34:58,338
patent and a registered trademark.

938
00:35:01,780 --> 00:35:05,050
Thank you Jennifer, Ben. 

939
00:35:05,050 --> 00:35:07,210
What thoughts do you have?

940
00:35:07,210 --> 00:35:10,252
The top advice for business owners

941
00:35:10,252 --> 00:35:13,883
and resources that you you can share

942
00:35:13,883 --> 00:35:16,907
light on for our hovering Motorcraft.

943
00:35:16,910 --> 00:35:19,592
I want to ask Jason to take a look

944
00:35:19,592 --> 00:35:22,637
at our trademark Heidi's hovercraft,

945
00:35:22,640 --> 00:35:24,716
and perhaps you can give some

946
00:35:24,716 --> 00:35:27,539
advice on how we choose trademarks,

947
00:35:27,540 --> 00:35:30,193
because what I found in this is

948
00:35:30,193 --> 00:35:32,285
when you're dealing with someone

949
00:35:32,285 --> 00:35:34,907
that started a new business 

950
00:35:34,910 --> 00:35:38,606
they're really good at what they do.

951
00:35:38,610 --> 00:35:40,082
We're talking about entrepreneurs.

952
00:35:40,082 --> 00:35:42,300
They're good at at, you know,

953
00:35:42,300 --> 00:35:44,150
finding ways to fix problems.

954
00:35:44,150 --> 00:35:45,718
They're good at business.

955
00:35:45,718 --> 00:35:48,951
They have all of these things that have

956
00:35:48,951 --> 00:35:51,779
their mind focused on what they're doing.

957
00:35:51,780 --> 00:35:54,786
And I sat on these panels before where it

958
00:35:54,786 --> 00:35:57,498
wasn't focused on intellectual property.

959
00:35:57,500 --> 00:36:00,542
In these people jump so quickly from step to

960
00:36:00,542 --> 00:36:03,580
step because they're always thinking ahead.

961
00:36:03,580 --> 00:36:04,609
It's like, OK,

962
00:36:04,609 --> 00:36:06,324
I want to do this.

963
00:36:06,330 --> 00:36:09,408
And then where am I going to distribute and

964
00:36:09,410 --> 00:36:12,874
How can I expand my market to here?

965
00:36:12,880 --> 00:36:16,018
And their brain works so quickly.

966
00:36:16,020 --> 00:36:17,356
They're there, they're ready

967
00:36:17,356 --> 00:36:19,026
to get out and sell,

968
00:36:19,030 --> 00:36:21,900
and so part of the reason for all of these

969
00:36:21,969 --> 00:36:24,537
resources to get to get people to slow

970
00:36:24,537 --> 00:36:27,710
down and realize you've got some assets here.

971
00:36:27,710 --> 00:36:30,153
And it's not just whether or not

972
00:36:30,153 --> 00:36:32,629
they have a trademark patent.

973
00:36:32,630 --> 00:36:34,460
Is that they need to recognize

974
00:36:34,460 --> 00:36:35,680
that they have one,

975
00:36:35,680 --> 00:36:37,258
but not only did they need

976
00:36:37,258 --> 00:36:39,040
to file for a trademark,

977
00:36:39,040 --> 00:36:40,870
or you know putting a patent

978
00:36:40,870 --> 00:36:42,090
application for their invention,

979
00:36:42,090 --> 00:36:44,916
they need to realize that they

980
00:36:44,916 --> 00:36:46,800
have something that's protectable.

981
00:36:46,800 --> 00:36:48,690
So many times I hear things like,

982
00:36:48,690 --> 00:36:49,055
yeah,

983
00:36:49,055 --> 00:36:51,245
I invented this something other and

984
00:36:51,245 --> 00:36:53,989
I need to get a Copyright on it.

985
00:36:53,990 --> 00:36:56,727
So knowing what kind of intellectual property

986
00:36:56,727 --> 00:36:59,797
a new business owner has is very important.

987
00:36:59,800 --> 00:37:02,552
So one of the ways that we kind

988
00:37:02,552 --> 00:37:05,209
of address the new business owner,

989
00:37:05,210 --> 00:37:06,186
the entrepreneur,

990
00:37:06,186 --> 00:37:08,138
and an even consumers.

991
00:37:08,140 --> 00:37:11,500
Is through our stock bakes roadshows.

992
00:37:11,500 --> 00:37:14,965
And stoptakes.gov is our website so

993
00:37:14,965 --> 00:37:19,339
please please visit it any of the.

994
00:37:19,340 --> 00:37:21,220
Resources that I talk about.

995
00:37:21,220 --> 00:37:23,660
Will you have a links at the end

996
00:37:23,660 --> 00:37:25,340
of this presentation

997
00:37:25,340 --> 00:37:28,295
So don't worry about remembering

998
00:37:28,295 --> 00:37:30,068
where everything is.

999
00:37:30,070 --> 00:37:33,214
So we have these these roadshows

1000
00:37:33,214 --> 00:37:35,847
where we gathered together all

1001
00:37:35,847 --> 00:37:38,067
of the agencies that the U.S.

1002
00:37:38,070 --> 00:37:40,818
government has that has a primary

1003
00:37:40,818 --> 00:37:42,650
interest in protecting and

1004
00:37:42,734 --> 00:37:45,179
promoting intellectual property.

1005
00:37:45,180 --> 00:37:48,276
And we do this by putting on one

1006
00:37:48,276 --> 00:37:51,004
day seminars where we go around

1007
00:37:51,004 --> 00:37:53,329
the country to different cities

1008
00:37:53,329 --> 00:37:55,519
and we will talk about

1009
00:37:55,520 --> 00:37:57,221
Patents and we bring the PTO in

1010
00:37:57,221 --> 00:37:59,015
to talk about patents we talked

1011
00:37:59,015 --> 00:38:00,690
about trademarks and we've been

1012
00:38:00,690 --> 00:38:02,573
lucky enough to have Jason come

1013
00:38:02,573 --> 00:38:04,013
in and talk about trademarks.

1014
00:38:04,020 --> 00:38:07,158
We had the Copyright Office there.

1015
00:38:07,160 --> 00:38:09,232
So we have someone to tell you about

1016
00:38:09,232 --> 00:38:10,974
how to identify your copyrights

1017
00:38:10,974 --> 00:38:12,899
and how to register those.

1018
00:38:12,900 --> 00:38:16,500
We have people from Customs

1019
00:38:16,500 --> 00:38:18,660
and Border protection.

1020
00:38:18,660 --> 00:38:20,949
You know most people don't know that

1021
00:38:20,949 --> 00:38:23,284
they can actually have their stuff

1022
00:38:23,284 --> 00:38:25,004
protected from having counterfeits

1023
00:38:25,004 --> 00:38:27,448
being imported into the United States.

1024
00:38:27,450 --> 00:38:29,820
So we have customers there

1025
00:38:29,820 --> 00:38:32,190
to talk about the recordation

1026
00:38:32,282 --> 00:38:34,780
process. We have the FBI there.

1027
00:38:34,780 --> 00:38:37,580
You say What is the FBI gonna

1028
00:38:37,580 --> 00:38:39,550
talk about trade secrets?

1029
00:38:39,550 --> 00:38:43,365
You know trade seekers are very important.

1030
00:38:43,370 --> 00:38:45,860
Some businesses it's their whole business.

1031
00:38:45,860 --> 00:38:47,084
You know they're not.

1032
00:38:47,084 --> 00:38:48,920
They may decide that you're not

1033
00:38:48,986 --> 00:38:50,925
going to file for a patent because

1034
00:38:50,925 --> 00:38:53,038
they can keep their their valuable

1035
00:38:53,038 --> 00:38:54,658
invention or process secret,

1036
00:38:54,660 --> 00:38:57,594
and so no one will find out about it.

1037
00:38:57,600 --> 00:38:59,230
So the FBI talks about,

1038
00:38:59,230 --> 00:39:01,186
you know the threat of having

1039
00:39:01,186 --> 00:39:02,490
your trade secrets stolen,

1040
00:39:02,490 --> 00:39:05,005
and what steps you need

1041
00:39:05,005 --> 00:39:07,520
to take to protect them.

1042
00:39:07,520 --> 00:39:10,328
We have the Department of State

1043
00:39:10,328 --> 00:39:12,773
that talks about our embassies

1044
00:39:12,773 --> 00:39:16,154
and how we strive to protect U.S.

1045
00:39:16,160 --> 00:39:21,048
business interests overseas. And

1046
00:39:21,050 --> 00:39:23,318
Back to the Department of Commerce.

1047
00:39:23,320 --> 00:39:26,158
You know we have commercial officers

1048
00:39:26,158 --> 00:39:28,910
in most embassies around the world.

1049
00:39:28,910 --> 00:39:31,864
And we also have people in the

1050
00:39:31,864 --> 00:39:34,505
United States in what's called

1051
00:39:34,505 --> 00:39:37,077
US export assistance centers.

1052
00:39:37,080 --> 00:39:39,360
And that is who we partner

1053
00:39:39,360 --> 00:39:42,250
with when we do our roadshows.

1054
00:39:42,250 --> 00:39:45,680
So the the Commerce folks the commercial

1055
00:39:45,680 --> 00:39:48,978
officers have tons of information about.

1056
00:39:48,980 --> 00:39:51,367
Just good practice with how you find

1057
00:39:51,367 --> 00:39:53,158
distributors. You know they can.

1058
00:39:53,158 --> 00:39:55,716
They can check in export markets for

1059
00:39:55,716 --> 00:39:58,524
you and tell you what the best ones are.

1060
00:39:58,530 --> 00:40:00,320
The we have things called.

1061
00:40:00,320 --> 00:40:02,255
Top market reports.

1062
00:40:02,255 --> 00:40:05,480
So lot of assets there.

1063
00:40:05,480 --> 00:40:08,192
You know the road show is our main

1064
00:40:08,192 --> 00:40:09,838
entrance to talk to SMB.

1065
00:40:09,840 --> 00:40:11,510
Small and medium sized businesses.

1066
00:40:11,510 --> 00:40:13,743
Just to let them know what they

1067
00:40:13,743 --> 00:40:16,199
have and then how they protect it.

1068
00:40:16,200 --> 00:40:18,545
So the road shows are are fun.

1069
00:40:18,550 --> 00:40:21,230
We get to meet people one on one,

1070
00:40:21,230 --> 00:40:23,558
talk to them face to face and some

1071
00:40:23,558 --> 00:40:25,919
of the assets that we provided.

1072
00:40:25,920 --> 00:40:28,979
These is businesses that go to these.

1073
00:40:28,980 --> 00:40:33,606
And actually after Roadshow talk to

1074
00:40:33,610 --> 00:40:35,894
Copyright Office representative and

1075
00:40:35,894 --> 00:40:38,178
apply for Copyright registration

1076
00:40:38,178 --> 00:40:40,787
right there at the road show and

1077
00:40:40,787 --> 00:40:43,368
we've had a few of those and we've

1078
00:40:43,368 --> 00:40:45,594
had people work with the Customs

1079
00:40:45,594 --> 00:40:47,404
and Border Protection people

1080
00:40:47,404 --> 00:40:50,272
to apply to record their marks.

1081
00:40:50,280 --> 00:40:52,624
With Customs right there at the road film,

1082
00:40:52,630 --> 00:40:55,465
we've had a few of those that

1083
00:40:55,465 --> 00:40:57,470
have been successfully recorded.

1084
00:40:57,470 --> 00:41:00,845
So there's there's a lot of stuff out there,

1085
00:41:00,850 --> 00:41:02,198
a lot of resources,

1086
00:41:02,198 --> 00:41:04,970
and it's because this stuff is important.

1087
00:41:04,970 --> 00:41:06,845
Small businesses are what's driving

1088
00:41:06,845 --> 00:41:09,197
economic growth and job creation, and,

1089
00:41:09,197 --> 00:41:13,013
you know, we're here to support it so,

1090
00:41:13,020 --> 00:41:18,276
We have a number of assets on stopfakes.gov.

1091
00:41:18,280 --> 00:41:24,444
Which include. We have something called.

1092
00:41:24,444 --> 00:41:26,847
The IP snapshots.

1093
00:41:26,850 --> 00:41:29,503
So if you've made your business and

1094
00:41:29,503 --> 00:41:32,098
now you're ready to start exporting,

1095
00:41:32,100 --> 00:41:34,298
we have a document that will let

1096
00:41:34,298 --> 00:41:37,163
you look and see what is it about

1097
00:41:37,163 --> 00:41:39,013
this country that's relevant for

1098
00:41:39,085 --> 00:41:41,389
intellectual property protection,

1099
00:41:41,390 --> 00:41:44,486
so they'll be a list of IP treaties

1100
00:41:44,486 --> 00:41:47,728
at their members of it will show

1101
00:41:47,728 --> 00:41:49,628
contact information for the

1102
00:41:49,628 --> 00:41:52,308
IP offices in that country.

1103
00:41:52,310 --> 00:41:54,494
I will list something called whether

1104
00:41:54,494 --> 00:41:57,146
or not the country was listed on

1105
00:41:57,146 --> 00:41:59,396
what's called the Special 301 report,

1106
00:41:59,400 --> 00:42:01,997
which is a report that the United

1107
00:42:01,997 --> 00:42:03,524
States Trade Representative puts

1108
00:42:03,524 --> 00:42:05,284
out every year talking about

1109
00:42:05,284 --> 00:42:06,692
whether or not different

1110
00:42:06,761 --> 00:42:08,474
countries are protecting

1111
00:42:08,474 --> 00:42:09,616
intellectual property.

1112
00:42:09,620 --> 00:42:12,740
So lots of good information.

1113
00:42:12,740 --> 00:42:14,918
I think I'll save the enforcement

1114
00:42:14,918 --> 00:42:16,878
nightmares I get for later

1115
00:42:16,878 --> 00:42:19,670
in the conversation, but

1116
00:42:19,670 --> 00:42:21,364
there there there's lots to do

1117
00:42:21,364 --> 00:42:23,338
and lots of information out there,

1118
00:42:23,340 --> 00:42:25,979
so finding it is often the difficult

1119
00:42:25,979 --> 00:42:29,186
part and we're trying to make that easier.

1120
00:42:29,190 --> 00:42:30,885
Thank you Ben.

1121
00:42:30,885 --> 00:42:33,710
So we've introduced our hypothetical

1122
00:42:33,710 --> 00:42:37,236
business owner to your programs and what

1123
00:42:37,236 --> 00:42:40,320
kind of small business owner expect

1124
00:42:40,320 --> 00:42:42,510
Once they decide to participate

1125
00:42:42,510 --> 00:42:45,526
in your program or file for

1126
00:42:45,526 --> 00:42:47,740
intellectual property protection.

1127
00:42:50,060 --> 00:42:53,434
We can start with with Jason again.

1128
00:42:53,440 --> 00:42:55,246
Yeah, sure. So by the way,

1129
00:42:55,250 --> 00:42:57,386
I'll just say for those of you you

1130
00:42:57,386 --> 00:42:59,479
know Ben was talking bout Stop Fakes.

1131
00:42:59,480 --> 00:43:01,184
If you have an opportunity to

1132
00:43:01,184 --> 00:43:03,408
go to one of the road shows,

1133
00:43:03,410 --> 00:43:04,920
I would highly recommend it.

1134
00:43:04,920 --> 00:43:07,216
They're really just a great way to meet

1135
00:43:07,216 --> 00:43:08,691
with representatives from all across

1136
00:43:08,691 --> 00:43:10,383
the federal government and to learn

1137
00:43:10,383 --> 00:43:12,158
because we're all doing presentations.

1138
00:43:12,160 --> 00:43:13,978
And so you're learning the basics.

1139
00:43:13,980 --> 00:43:16,087
And so I highly recommend it so.

1140
00:43:16,090 --> 00:43:17,600
So let's say you are,

1141
00:43:17,600 --> 00:43:19,602
you know you got Heidi's hovercycle an

1142
00:43:19,602 --> 00:43:21,797
you and you been doing your research

1143
00:43:21,797 --> 00:43:23,717
and you know that there aren't

1144
00:43:23,720 --> 00:43:25,568
Any potentially conflicting marks out there?

1145
00:43:25,570 --> 00:43:27,190
'cause you've done your clearance

1146
00:43:27,190 --> 00:43:28,810
search and you've done some

1147
00:43:28,870 --> 00:43:30,520
more work in terms of research?

1148
00:43:30,520 --> 00:43:31,752
Maybe you've attended our

1149
00:43:31,752 --> 00:43:32,676
Trademark Basics Bootcamp,

1150
00:43:32,680 --> 00:43:34,871
which is an 8 week series that

1151
00:43:34,871 --> 00:43:37,101
teaches you pretty much as much as

1152
00:43:37,101 --> 00:43:38,937
we possibly can about the entire

1153
00:43:39,009 --> 00:43:40,773
process that I'm going to talk

1154
00:43:40,773 --> 00:43:42,874
about in just a couple of seconds

1155
00:43:42,874 --> 00:43:44,722
you have attended the boot camp,

1156
00:43:44,730 --> 00:43:46,422
so you've learned lots of things

1157
00:43:46,422 --> 00:43:47,962
you've looked at our resources

1158
00:43:47,962 --> 00:43:49,689
online and you realize, yes,

1159
00:43:49,689 --> 00:43:52,241
this is the trademark that I that I'm

1160
00:43:52,241 --> 00:43:54,426
using for my for my product here.

1161
00:43:54,430 --> 00:43:56,782
And I want to get protection for

1162
00:43:56,782 --> 00:43:57,454
it nationwide.

1163
00:43:57,460 --> 00:43:59,150
So what do I do?

1164
00:43:59,150 --> 00:44:01,509
How do I go about doing that?

1165
00:44:01,510 --> 00:44:04,198
OK, so let's say it is Heidi's Hovercycle,

1166
00:44:04,200 --> 00:44:06,246
and Heidi has now been selling

1167
00:44:06,246 --> 00:44:08,580
it for a little bit of time,

1168
00:44:08,580 --> 00:44:11,276
and she's getting a little bit of buzz,

1169
00:44:11,280 --> 00:44:12,564
and she's like, OK,

1170
00:44:12,564 --> 00:44:14,490
Now I absolutely need to make

1171
00:44:14,558 --> 00:44:15,998
sure I get protection.

1172
00:44:16,000 --> 00:44:18,359
So so, So what do I do,

1173
00:44:18,360 --> 00:44:18,674
right?

1174
00:44:18,674 --> 00:44:21,941
So what you would do if you were Heidi is

1175
00:44:21,941 --> 00:44:24,503
you would go to our website uspto.gov.

1176
00:44:24,510 --> 00:44:26,708
And in that little find it fast

1177
00:44:26,708 --> 00:44:29,166
box that I was talking about on

1178
00:44:29,166 --> 00:44:31,752
the on the landing page you would

1179
00:44:31,752 --> 00:44:33,864
you would do the little drill

1180
00:44:33,864 --> 00:44:36,081
down to get to teas, TEAS,

1181
00:44:36,081 --> 00:44:38,016
which is the trademark electronic

1182
00:44:38,016 --> 00:44:39,807
application system and you would

1183
00:44:39,807 --> 00:44:41,397
file trademark application and you

1184
00:44:41,397 --> 00:44:43,706
have a couple of options once called

1185
00:44:43,706 --> 00:44:45,713
teas plus others called Teas standard.

1186
00:44:45,713 --> 00:44:48,011
We always recommend that folks use

1187
00:44:48,011 --> 00:44:50,048
tease plus because it is cheaper

1188
00:44:50,048 --> 00:44:51,966
and there is a reason that it's

1189
00:44:52,026 --> 00:44:53,881
slightly less expensive and that

1190
00:44:53,881 --> 00:44:56,450
is because the four requires you to

1191
00:44:56,450 --> 00:44:58,580
front load all sorts of information.

1192
00:44:58,580 --> 00:44:59,438
Into your application,

1193
00:44:59,438 --> 00:45:01,154
it's stuff you're going to be

1194
00:45:01,154 --> 00:45:02,525
putting in there anyway, right?

1195
00:45:02,525 --> 00:45:04,450
So it kind of makes sense to

1196
00:45:04,450 --> 00:45:06,188
just put it in there first,

1197
00:45:06,190 --> 00:45:08,014
because and what that does is

1198
00:45:08,014 --> 00:45:09,554
it creates efficiency because it

1199
00:45:09,554 --> 00:45:11,132
efficient for you because you won't

1200
00:45:11,132 --> 00:45:12,958
have to put the stuff in later,

1201
00:45:12,960 --> 00:45:14,646
and it's sufficient for our office,

1202
00:45:14,650 --> 00:45:16,085
because that means that the

1203
00:45:16,085 --> 00:45:17,520
examining attorney who was assigned

1204
00:45:17,569 --> 00:45:18,914
your application has all the

1205
00:45:18,914 --> 00:45:20,580
information right there at the ready.

1206
00:45:20,580 --> 00:45:22,266
All the materials are right there,

1207
00:45:22,270 --> 00:45:24,502
and she can go through and take a

1208
00:45:24,502 --> 00:45:26,871
look at all of them and say, yes,

1209
00:45:26,871 --> 00:45:28,726
you can register your trademark.

1210
00:45:28,730 --> 00:45:30,062
Maybe not yet, though.

1211
00:45:30,062 --> 00:45:32,060
There's some things we have to

1212
00:45:32,128 --> 00:45:34,792
fix. OK, so, So what you do is you would

1213
00:45:34,792 --> 00:45:37,381
submit an application and then it would

1214
00:45:37,381 --> 00:45:39,632
go through the examination process and

1215
00:45:39,632 --> 00:45:42,336
folks will often ask what's the deal with

1216
00:45:42,340 --> 00:45:44,342
an examination process why isn't that I

1217
00:45:44,342 --> 00:45:46,330
automatically have a trademark registration.

1218
00:45:46,330 --> 00:45:48,647
Well that's because here in the United

1219
00:45:48,647 --> 00:45:50,744
States, trademark rights are based on use

1220
00:45:50,744 --> 00:45:52,970
and become through the examination system.

1221
00:45:52,970 --> 00:45:55,796
We have to make sure that nobody else out

1222
00:45:55,796 --> 00:45:58,417
there is also using a same or similar

1223
00:45:58,417 --> 00:46:00,720
mark for related goods and services.

1224
00:46:00,720 --> 00:46:02,813
And that your trademark complies with all

1225
00:46:02,813 --> 00:46:05,063
sorts of other rules and regulations and

1226
00:46:05,063 --> 00:46:07,335
things that are defined by statute. Alright,

1227
00:46:07,335 --> 00:46:09,225
so there is that examination process.

1228
00:46:09,230 --> 00:46:10,482
So once you've applied,

1229
00:46:10,482 --> 00:46:12,702
it's your trademark is going to be

1230
00:46:12,702 --> 00:46:14,406
examined and there might be some

1231
00:46:14,406 --> 00:46:16,661
back and forth between you and the

1232
00:46:16,661 --> 00:46:18,336
examining attorney about whether or

1233
00:46:18,336 --> 00:46:20,250
not the application can go forward.

1234
00:46:20,250 --> 00:46:22,455
And let's say that that it can.

1235
00:46:22,460 --> 00:46:24,030
OK, it can go forward.

1236
00:46:24,030 --> 00:46:25,306
You've done everything correctly,

1237
00:46:25,306 --> 00:46:27,576
and so the examining attorney will do

1238
00:46:27,576 --> 00:46:29,388
what's called an approval for publication.

1239
00:46:29,390 --> 00:46:31,550
And that means that your trademark.

1240
00:46:31,550 --> 00:46:32,874
Application is published in

1241
00:46:32,874 --> 00:46:33,867
our Official Gazette,

1242
00:46:33,870 --> 00:46:36,494
which is a a weekly publication that has

1243
00:46:36,494 --> 00:46:39,270
a listing of all of the trademarks that

1244
00:46:39,270 --> 00:46:41,636
have been approved for publication and it's

1245
00:46:41,636 --> 00:46:44,460
a way to put the public on notice that,

1246
00:46:44,460 --> 00:46:44,790
hey,

1247
00:46:44,790 --> 00:46:46,110
this is my TM.

1248
00:46:46,110 --> 00:46:48,427
I'm Heidi's hover cycles and and this

1249
00:46:48,427 --> 00:46:50,806
is my trademark and I'm I'm claiming

1250
00:46:50,806 --> 00:46:52,792
this trademark with for use with

1251
00:46:52,855 --> 00:46:54,763
my motorcycles that hover off the

1252
00:46:54,763 --> 00:46:57,364
ground so it goes through a 30 day

1253
00:46:57,364 --> 00:46:59,019
opposition period and provide it.

1254
00:46:59,020 --> 00:47:01,420
Everything is fine then nobody.

1255
00:47:01,420 --> 00:47:04,076
Who has reason to opposes your trademark.

1256
00:47:04,080 --> 00:47:06,078
Your trademark then would move on

1257
00:47:06,078 --> 00:47:06,744
to registration.

1258
00:47:06,750 --> 00:47:08,748
Now there are lots of other

1259
00:47:08,748 --> 00:47:09,747
sort of exceptions.

1260
00:47:09,750 --> 00:47:11,078
Another little filing basis

1261
00:47:11,078 --> 00:47:12,738
that you could be using,

1262
00:47:12,740 --> 00:47:15,064
but that's the basic sort of model.

1263
00:47:15,070 --> 00:47:17,394
OK, you would apply for for registration.

1264
00:47:17,400 --> 00:47:19,398
It goes through an examination process,

1265
00:47:19,400 --> 00:47:21,392
goes to the publication for opposition

1266
00:47:21,392 --> 00:47:24,054
process, and then if everything is a OK,

1267
00:47:24,060 --> 00:47:25,730
you get your registration certificate.

1268
00:47:25,730 --> 00:47:28,054
And as I said, it's not immediate.

1269
00:47:28,060 --> 00:47:28,392
OK,

1270
00:47:28,392 --> 00:47:30,384
that takes some time and the

1271
00:47:30,384 --> 00:47:32,490
quickest that I have ever seen.

1272
00:47:32,490 --> 00:47:34,655
An application go from beginning

1273
00:47:34,655 --> 00:47:36,387
to registration is probably

1274
00:47:36,387 --> 00:47:38,428
somewhere in the seven month range.

1275
00:47:38,430 --> 00:47:40,668
Somewhere around there seven or eight

1276
00:47:40,668 --> 00:47:42,790
months is probably the quickest,

1277
00:47:42,790 --> 00:47:45,160
just based upon you know that's

1278
00:47:45,160 --> 00:47:46,345
how things work.

1279
00:47:46,350 --> 00:47:47,535
Sometimes trademarks don't

1280
00:47:47,535 --> 00:47:49,115
register at all alright,

1281
00:47:49,120 --> 00:47:51,100
because it could be that.

1282
00:47:51,100 --> 00:47:53,812
Let's say you have a soft drink and

1283
00:47:53,812 --> 00:47:56,722
you have tried to register Coca Cola

1284
00:47:56,722 --> 00:47:59,420
spelled with cues instead of seeds.

1285
00:47:59,420 --> 00:48:02,700
Do you think that's going to go forward?

1286
00:48:02,700 --> 00:48:03,450
No, it's not,

1287
00:48:03,450 --> 00:48:04,950
because it's going to be a

1288
00:48:04,950 --> 00:48:06,619
cause confusion with Coca Cola,

1289
00:48:06,620 --> 00:48:06,900
right?

1290
00:48:06,900 --> 00:48:08,020
So your trademark registration

1291
00:48:08,020 --> 00:48:09,420
is going to be refused,

1292
00:48:09,420 --> 00:48:11,118
so at that point you're not

1293
00:48:11,118 --> 00:48:12,779
going to get it at all.

1294
00:48:12,780 --> 00:48:14,740
So the fastest could be seven months.

1295
00:48:14,740 --> 00:48:16,140
The longest could be years.

1296
00:48:16,140 --> 00:48:18,940
I mean when I was examining there was a case,

1297
00:48:18,940 --> 00:48:21,180
I remember that it came out of suspension,

1298
00:48:21,180 --> 00:48:23,245
had been suspended for quite some time

1299
00:48:23,245 --> 00:48:25,527
and I think it had been around for

1300
00:48:25,527 --> 00:48:27,716
about 10 years so that it can take

1301
00:48:27,716 --> 00:48:29,578
a long time for something to work

1302
00:48:29,580 --> 00:48:31,540
through the process. And as I said,

1303
00:48:31,540 --> 00:48:33,577
there is no guarantee that it will.

1304
00:48:33,580 --> 00:48:35,370
But probably somewhere in the

1305
00:48:35,370 --> 00:48:37,160
12 to 18 month range.

1306
00:48:37,160 --> 00:48:38,644
That's probably about right,

1307
00:48:38,644 --> 00:48:41,459
probably about average for how long it takes.

1308
00:48:41,460 --> 00:48:43,596
A typical trademark application to register.

1309
00:48:43,600 --> 00:48:45,784
And there are lots of little

1310
00:48:45,784 --> 00:48:47,998
of little tweaky things that I

1311
00:48:47,998 --> 00:48:50,044
could talk about in the process,

1312
00:48:50,050 --> 00:48:52,549
but that's the sort of main thing,

1313
00:48:52,550 --> 00:48:54,340
so that's something that you

1314
00:48:54,340 --> 00:48:56,136
want to think about, right?

1315
00:48:56,136 --> 00:48:57,916
As you're starting your business,

1316
00:48:57,920 --> 00:48:59,300
you're growing your business.

1317
00:48:59,300 --> 00:49:02,216
How long is it going to take to

1318
00:49:02,216 --> 00:49:03,776
have my trademark protected?

1319
00:49:03,780 --> 00:49:04,073
Nationwide,

1320
00:49:04,073 --> 00:49:06,417
how long is it going to take before

1321
00:49:06,417 --> 00:49:08,317
I can start to use the little

1322
00:49:08,317 --> 00:49:09,830
R in the circle symbol?

1323
00:49:09,830 --> 00:49:11,839
Well, it could take quite some time,

1324
00:49:11,840 --> 00:49:13,989
but the interesting thing that you might

1325
00:49:13,989 --> 00:49:16,446
want to think about is that there is no,

1326
00:49:16,450 --> 00:49:17,218
no, no, whatsoever,

1327
00:49:17,218 --> 00:49:19,010
no law that says you have to

1328
00:49:19,063 --> 00:49:20,768
register your trademark with us.

1329
00:49:20,770 --> 00:49:21,034
OK,

1330
00:49:21,034 --> 00:49:23,146
you could if you wanted to rely on

1331
00:49:23,146 --> 00:49:25,377
what are known as common law rights,

1332
00:49:25,380 --> 00:49:26,181
and you can.

1333
00:49:26,181 --> 00:49:27,783
Those are rights that are created

1334
00:49:27,783 --> 00:49:29,533
under state law and you could if

1335
00:49:29,533 --> 00:49:31,657
you wanted to never ever ever apply

1336
00:49:31,657 --> 00:49:33,157
for federal trademark registration.

1337
00:49:33,160 --> 00:49:34,400
You could do that.

1338
00:49:34,400 --> 00:49:34,710
However,

1339
00:49:34,710 --> 00:49:36,807
you miss out on a lot of benefits that

1340
00:49:36,807 --> 00:49:38,827
come along with federal registration,

1341
00:49:38,830 --> 00:49:41,770
and I can talk about that a little bit later.

1342
00:49:41,770 --> 00:49:43,528
But remember, it is your choice.

1343
00:49:43,530 --> 00:49:43,809
OK?

1344
00:49:43,809 --> 00:49:45,762
And because The thing is and the

1345
00:49:45,762 --> 00:49:48,061
reason I bring that up is that even

1346
00:49:48,061 --> 00:49:50,484
though it might be taking 12 to 18

1347
00:49:50,484 --> 00:49:52,649
months for your registration to go through,

1348
00:49:52,649 --> 00:49:54,443
that doesn't mean that you're vulnerable

1349
00:49:54,443 --> 00:49:55,879
necessarily during that time period,

1350
00:49:55,880 --> 00:49:58,224
because you could still rely on those rights.

1351
00:49:58,230 --> 00:50:00,000
And you could always point out,

1352
00:50:00,000 --> 00:50:00,281
hey.

1353
00:50:00,281 --> 00:50:02,810
I see that you are trying to use Heidi's

1354
00:50:02,881 --> 00:50:05,697
hovercycle for a brand for your hover cycles.

1355
00:50:05,700 --> 00:50:06,465
Don't do that.

1356
00:50:06,465 --> 00:50:07,995
I have an application filed with

1357
00:50:07,995 --> 00:50:09,504
the United States Patent and

1358
00:50:09,504 --> 00:50:11,004
Trademark Office is office is

1359
00:50:11,004 --> 00:50:12,658
going through the process right?

1360
00:50:12,660 --> 00:50:14,708
So you can also let people know and

1361
00:50:14,708 --> 00:50:17,136
try and get them to stop using a

1362
00:50:17,136 --> 00:50:19,024
conflicting mark based upon the fact

1363
00:50:19,024 --> 00:50:21,650
that you have an application in front of us.

1364
00:50:21,650 --> 00:50:23,680
So sometimes people like to do it.

1365
00:50:23,680 --> 00:50:26,165
Do I have to get the registration

1366
00:50:26,165 --> 00:50:28,639
first before I even go to market?

1367
00:50:28,640 --> 00:50:29,840
No, you won't necessarily.

1368
00:50:29,840 --> 00:50:31,640
Now you know there are a

1369
00:50:31,705 --> 00:50:33,117
little trade offs there,

1370
00:50:33,120 --> 00:50:35,190
but you don't necessarily have to

1371
00:50:35,190 --> 00:50:37,496
have that registration that R in the

1372
00:50:37,496 --> 00:50:39,512
circle before you actually go to market.

1373
00:50:39,520 --> 00:50:41,571
It is really your choice and it's

1374
00:50:41,571 --> 00:50:43,190
based upon the business decisions

1375
00:50:43,190 --> 00:50:45,878
that you want to make and the things

1376
00:50:45,944 --> 00:50:47,840
that are most important to you.

1377
00:50:47,840 --> 00:50:48,116
So,

1378
00:50:48,116 --> 00:50:50,048
so that's a little sort of overview

1379
00:50:50,048 --> 00:50:52,128
of the process is obviously when

1380
00:50:52,128 --> 00:50:53,596
more complex than that,

1381
00:50:53,600 --> 00:50:55,200
because it's a legal proceeding,

1382
00:50:55,200 --> 00:50:58,080
and so there are lots of in's and outs,

1383
00:50:58,080 --> 00:50:59,750
but that's sort of basics.

1384
00:50:59,750 --> 00:51:01,030
Of the process anyway,

1385
00:51:01,030 --> 00:51:02,630
so once you've said yes,

1386
00:51:02,630 --> 00:51:04,625
I've got my business up and going

1387
00:51:04,625 --> 00:51:07,108
and I want to protect my trademark.

1388
00:51:07,110 --> 00:51:08,988
That's the sort of process that

1389
00:51:08,988 --> 00:51:11,403
you would go through file on that

1390
00:51:11,403 --> 00:51:13,238
application through our website and

1391
00:51:13,238 --> 00:51:15,668
then working with the examining attorney

1392
00:51:15,668 --> 00:51:17,708
to hopefully get to registration.

1393
00:51:17,710 --> 00:51:18,718
Thank you Jason.

1394
00:51:18,718 --> 00:51:21,572
I know you go over this in more

1395
00:51:21,572 --> 00:51:23,657
detail in our next segment,

1396
00:51:23,660 --> 00:51:26,369
but can you quickly let our hypothetical

1397
00:51:26,369 --> 00:51:28,644
file or business owner know if

1398
00:51:28,644 --> 00:51:30,726
they should be worried when you,

1399
00:51:30,730 --> 00:51:32,590
when they're denied at their

1400
00:51:32,590 --> 00:51:34,450
first try with their application?

1401
00:51:34,450 --> 00:51:35,761
Great, great question.

1402
00:51:35,761 --> 00:51:37,946
No, you shouldn't necessarily be

1403
00:51:37,946 --> 00:51:40,393
worried because it's pretty much common

1404
00:51:40,393 --> 00:51:42,649
that most most applications are going

1405
00:51:42,712 --> 00:51:45,232
to get what is known as an office action,

1406
00:51:45,240 --> 00:51:47,130
and that's essentially what happens

1407
00:51:47,130 --> 00:51:48,642
when the examining attorney.

1408
00:51:48,650 --> 00:51:49,818
Looks at your application.

1409
00:51:49,818 --> 00:51:52,707
It says ah OK for the most part it's OK,

1410
00:51:52,710 --> 00:51:54,742
but there are a couple of issues that

1411
00:51:54,742 --> 00:51:57,245
we need to workout and there are various

1412
00:51:57,245 --> 00:51:59,667
flavors of office action that you might get.

1413
00:51:59,670 --> 00:52:02,019
One is the big sort of like letter that

1414
00:52:02,019 --> 00:52:04,198
says your mark is refused because it

1415
00:52:04,198 --> 00:52:06,919
is Coca Cola spelled with Qs instead of Cs,

1416
00:52:06,920 --> 00:52:07,210
right?

1417
00:52:07,210 --> 00:52:08,660
So that's the bad version,

1418
00:52:08,660 --> 00:52:10,968
but you know what?

1419
00:52:10,970 --> 00:52:12,895
But the other versions are a nicer.

1420
00:52:12,900 --> 00:52:13,656
There's for example,

1421
00:52:13,656 --> 00:52:16,068
you might get a phone call or an email

1422
00:52:16,068 --> 00:52:17,844
from the examining attorney that says,

1423
00:52:17,850 --> 00:52:19,320
hey, you know what everything is

1424
00:52:19,320 --> 00:52:20,870
looking great with your application.

1425
00:52:20,870 --> 00:52:22,235
There's just like this one

1426
00:52:22,235 --> 00:52:24,170
issue that we need to clear up,

1427
00:52:24,170 --> 00:52:26,011
and then you can have a conversation

1428
00:52:26,011 --> 00:52:27,140
with examining attorney and

1429
00:52:27,140 --> 00:52:28,300
examining attorneys is great.

1430
00:52:28,300 --> 00:52:30,001
I will send you what is known

1431
00:52:30,001 --> 00:52:31,320
as an examiner's amendment,

1432
00:52:31,320 --> 00:52:32,420
which memorializes the conversation

1433
00:52:32,420 --> 00:52:34,070
makes a change in the record.

1434
00:52:34,070 --> 00:52:35,720
You don't have to do anything

1435
00:52:35,720 --> 00:52:36,820
at that particular time,

1436
00:52:36,820 --> 00:52:37,920
because the examining attorney

1437
00:52:37,920 --> 00:52:39,295
is taking care of everything,

1438
00:52:39,300 --> 00:52:40,896
and so and then the examining

1439
00:52:40,896 --> 00:52:42,600
attorney can approve your application.

1440
00:52:42,600 --> 00:52:45,276
It will move forward from there.

1441
00:52:45,280 --> 00:52:46,074
So yeah,

1442
00:52:46,074 --> 00:52:48,456
there you probably will be communicating

1443
00:52:48,456 --> 00:52:50,629
with the examining attorney.

1444
00:52:50,630 --> 00:52:53,306
I think if I'm remembering the

1445
00:52:53,306 --> 00:52:55,090
sort of stats correctly,

1446
00:52:55,090 --> 00:52:58,212
I would say I think it's around

1447
00:52:58,212 --> 00:53:00,639
20 to 30% of the time.

1448
00:53:00,639 --> 00:53:02,817
Somebody who files TEAS plus gets

1449
00:53:02,817 --> 00:53:04,651
the initial application approved

1450
00:53:04,651 --> 00:53:07,441
without any back and forth with

1451
00:53:07,441 --> 00:53:09,359
the examining attorney.

1452
00:53:09,360 --> 00:53:13,476
OK, so that's like 70 to 80% of the time.

1453
00:53:13,476 --> 00:53:15,136
You're probably going to get

1454
00:53:15,136 --> 00:53:16,634
an office action,

1455
00:53:16,634 --> 00:53:16,938
OK,

1456
00:53:16,938 --> 00:53:18,458
so using teas plus helps.

1457
00:53:18,460 --> 00:53:20,609
Your odds of maybe not getting the

1458
00:53:20,609 --> 00:53:22,745
office action because you have to do

1459
00:53:22,745 --> 00:53:24,820
everything kind of correctly the first time,

1460
00:53:24,820 --> 00:53:26,335
but don't be concerned if

1461
00:53:26,335 --> 00:53:27,850
you get that office action.

1462
00:53:27,850 --> 00:53:29,668
You can make sure that you

1463
00:53:29,668 --> 00:53:30,880
read the office action,

1464
00:53:30,880 --> 00:53:32,698
understand it as best you can.

1465
00:53:32,700 --> 00:53:34,180
Follow the suggestions the examining

1466
00:53:34,180 --> 00:53:36,030
attorney puts in that office action.

1467
00:53:36,030 --> 00:53:37,848
But if you still have questions,

1468
00:53:37,850 --> 00:53:40,062
you are welcome to contact the examining

1469
00:53:40,062 --> 00:53:41,789
attorney in your case and say,

1470
00:53:41,790 --> 00:53:44,206
hey you know what I understand these things,

1471
00:53:44,210 --> 00:53:46,324
but I'm a little lost on this.

1472
00:53:46,330 --> 00:53:47,920
Can you help me understand?

1473
00:53:47,920 --> 00:53:49,352
This in the examining

1474
00:53:49,352 --> 00:53:51,142
attorney here at the office.

1475
00:53:51,150 --> 00:53:52,950
Everybody there their they're awesome.

1476
00:53:52,950 --> 00:53:55,725
We just have such great

1477
00:53:55,725 --> 00:53:57,390
examining attorneys here.

1478
00:53:57,390 --> 00:53:58,762
With you to help you to make

1479
00:53:58,762 --> 00:54:00,151
sure that you understand what's

1480
00:54:00,151 --> 00:54:01,647
happening in your application.

1481
00:54:01,650 --> 00:54:03,722
So don't be concerned if you get that

1482
00:54:03,722 --> 00:54:05,360
office action because it doesn't mean

1483
00:54:05,360 --> 00:54:07,262
you're dead in the water and you

1484
00:54:07,262 --> 00:54:09,089
still have another bite at the apple.

1485
00:54:09,090 --> 00:54:09,622
Thank you.

1486
00:54:09,622 --> 00:54:11,750
That is, all those are all great advice,

1487
00:54:11,750 --> 00:54:14,216
and that's really good to know.

1488
00:54:14,220 --> 00:54:16,998
We can continue along with talking

1489
00:54:16,998 --> 00:54:18,387
about intellectual property

1490
00:54:18,387 --> 00:54:20,357
since we're on the USPTO,

1491
00:54:20,360 --> 00:54:22,400
we can have Jennifer Hartswick

1492
00:54:22,400 --> 00:54:24,032
discuss just the process.

1493
00:54:24,040 --> 00:54:24,826
You know,

1494
00:54:24,826 --> 00:54:27,184
I know from the pipe inside

1495
00:54:27,184 --> 00:54:29,302
application is classified during pre

1496
00:54:29,302 --> 00:54:32,214
exam and it gets to the examiner.

1497
00:54:32,220 --> 00:54:35,808
What else can our person expect?

1498
00:54:35,810 --> 00:54:37,142
Yes, thank you Heidi.

1499
00:54:37,142 --> 00:54:39,550
One thing before we get into that,

1500
00:54:39,550 --> 00:54:41,902
I did want to mention Ben had mentioned

1501
00:54:41,902 --> 00:54:43,969
another type of intellectual property,

1502
00:54:43,970 --> 00:54:44,254
right?

1503
00:54:44,254 --> 00:54:46,242
Trade secret and so I just wanted

1504
00:54:46,242 --> 00:54:48,741
to give a little bit of background

1505
00:54:48,741 --> 00:54:50,233
between the difference between

1506
00:54:50,233 --> 00:54:52,067
trade secrets and patents because

1507
00:54:52,067 --> 00:54:54,161
they are two different types of

1508
00:54:54,170 --> 00:54:55,190
intellectual property rights.

1509
00:54:55,190 --> 00:54:57,230
One either end of the spectrum.

1510
00:54:57,230 --> 00:54:59,270
So a trade secret is basically

1511
00:54:59,270 --> 00:55:01,990
what the name says. It is a secret.

1512
00:55:01,990 --> 00:55:03,350
It is your invention.

1513
00:55:03,350 --> 00:55:04,750
You're keeping it secret.

1514
00:55:04,750 --> 00:55:06,850
Keeping it close to the vest.

1515
00:55:06,850 --> 00:55:09,405
You are not disclosing it to the

1516
00:55:09,405 --> 00:55:12,259
public that works for certain inventions.

1517
00:55:12,260 --> 00:55:14,724
It may not work so well with our

1518
00:55:14,724 --> 00:55:16,302
fibre craft motorcycle invention

1519
00:55:16,302 --> 00:55:18,954
because if you make that motorcycle

1520
00:55:18,954 --> 00:55:21,443
a good mechanic could probably

1521
00:55:21,443 --> 00:55:23,487
take apart that motorcycle.

1522
00:55:23,490 --> 00:55:26,818
Find all the components, find all the pieces,

1523
00:55:26,820 --> 00:55:28,900
see how they fit together,

1524
00:55:28,900 --> 00:55:30,980
and see how it's made.

1525
00:55:30,980 --> 00:55:32,228
An replicate it.

1526
00:55:32,228 --> 00:55:35,140
And so then the secret is out.

1527
00:55:35,140 --> 00:55:36,840
Once the secrets out.

1528
00:55:36,840 --> 00:55:38,965
It can't go back in.

1529
00:55:38,970 --> 00:55:41,280
It can't be comma secret again,

1530
00:55:41,280 --> 00:55:43,302
you know a trade secret may

1531
00:55:43,302 --> 00:55:45,510
work well for other inventions.

1532
00:55:45,510 --> 00:55:48,454
Say maybe you have a new type of

1533
00:55:48,454 --> 00:55:50,392
cleaning composition and what in

1534
00:55:50,392 --> 00:55:52,267
components in what quantities in

1535
00:55:52,267 --> 00:55:54,282
that kind of cleaning composition

1536
00:55:54,282 --> 00:55:57,054
may not be easily obtained from a

1537
00:55:57,060 --> 00:55:59,755
review or maybe even a chemical analysis.

1538
00:55:59,760 --> 00:56:00,912
Maybe you can't.

1539
00:56:00,912 --> 00:56:03,216
Really, someone can't figure it out.

1540
00:56:03,220 --> 00:56:05,185
That might be something that

1541
00:56:05,185 --> 00:56:07,150
you may want to consider.

1542
00:56:07,150 --> 00:56:10,700
As a trade secret, you keep it close to you.

1543
00:56:10,700 --> 00:56:13,185
You don't tell anyone what's in it,

1544
00:56:13,190 --> 00:56:16,030
how to use it, how to make it,

1545
00:56:16,030 --> 00:56:18,312
and it stays a secret for as

1546
00:56:18,312 --> 00:56:20,640
long as it stays a secret.

1547
00:56:20,640 --> 00:56:23,251
So you know once someone else learns

1548
00:56:23,251 --> 00:56:25,967
about it and it gets out then it,

1549
00:56:25,970 --> 00:56:28,810
then it's out and it's no longer secret.

1550
00:56:28,810 --> 00:56:29,148
However,

1551
00:56:29,148 --> 00:56:31,176
the opposite of a trade secret

1552
00:56:31,176 --> 00:56:32,710
is actually a patent.

1553
00:56:32,710 --> 00:56:34,774
If someone obtains a patent that

1554
00:56:34,774 --> 00:56:37,398
gives the owner a 20 year monopoly.

1555
00:56:37,400 --> 00:56:39,520
To prevent others from making,

1556
00:56:39,520 --> 00:56:42,058
using or selling your claimed product.

1557
00:56:42,060 --> 00:56:43,371
So for example,

1558
00:56:43,371 --> 00:56:45,556
in our motorcycle example that

1559
00:56:45,556 --> 00:56:47,999
maybe the Avenue you want it,

1560
00:56:48,000 --> 00:56:50,544
you want to do because someone

1561
00:56:50,544 --> 00:56:52,240
could look at it,

1562
00:56:52,240 --> 00:56:54,922
take it apart and they could

1563
00:56:54,922 --> 00:56:56,710
easily figure out what

1564
00:56:56,803 --> 00:56:59,904
it is. However, in order to obtain that

1565
00:56:59,904 --> 00:57:02,840
20 year monopoly and have a patent,

1566
00:57:02,840 --> 00:57:04,960
the inventor must disclose every

1567
00:57:04,960 --> 00:57:06,656
aspect of their invention.

1568
00:57:06,660 --> 00:57:09,198
They must disclose all the components,

1569
00:57:09,200 --> 00:57:10,610
how the components

1570
00:57:10,610 --> 00:57:12,960
Connect together or relate how

1571
00:57:12,960 --> 00:57:15,476
everything works so it's it's a balance

1572
00:57:15,476 --> 00:57:18,040
that you get that 20 year Monopoly.

1573
00:57:18,040 --> 00:57:20,847
However, you must disclose to the public

1574
00:57:20,847 --> 00:57:23,946
how others can make users making use it,

1575
00:57:23,950 --> 00:57:27,094
but you have those rights for 20 years.

1576
00:57:27,100 --> 00:57:29,963
After 20 years the invention is then

1577
00:57:29,963 --> 00:57:32,218
called what's dedicated to the public.

1578
00:57:32,220 --> 00:57:34,495
So so that's kind of a little

1579
00:57:34,495 --> 00:57:36,039
background on the difference

1580
00:57:36,039 --> 00:57:38,519
between patent and trade secret.

1581
00:57:38,520 --> 00:57:40,392
So Jason talked about.

1582
00:57:40,392 --> 00:57:42,264
Getting a trademark registration.

1583
00:57:42,270 --> 00:57:44,730
Filing the application there is the

1584
00:57:44,730 --> 00:57:47,350
same process on the patent side.

1585
00:57:47,350 --> 00:57:50,248
You have to file a patent application

1586
00:57:50,248 --> 00:57:51,964
that there's various components

1587
00:57:51,964 --> 00:57:54,322
to it of and disclosing every

1588
00:57:54,322 --> 00:57:56,649
key feature of your invention,

1589
00:57:56,650 --> 00:57:59,458
how it goes together and then at the

1590
00:57:59,458 --> 00:58:02,579
very end we've mentioned claims before.

1591
00:58:02,580 --> 00:58:04,902
What exactly is what is the

1592
00:58:04,902 --> 00:58:07,230
invention that you are claiming?

1593
00:58:07,230 --> 00:58:09,480
What is special about your

1594
00:58:09,480 --> 00:58:11,730
invention and what is new?

1595
00:58:11,730 --> 00:58:13,885
An unobvious compared to other

1596
00:58:13,885 --> 00:58:16,040
motorcycles that are out there.

1597
00:58:16,040 --> 00:58:18,195
Jason talked about the examination

1598
00:58:18,195 --> 00:58:19,919
process on the patents

1599
00:58:19,920 --> 00:58:22,506
side can take a little longer.

1600
00:58:22,510 --> 00:58:24,098
There is a backlog.

1601
00:58:24,098 --> 00:58:26,083
I'm not sure exactly what

1602
00:58:26,083 --> 00:58:28,110
the current backlog is,

1603
00:58:28,110 --> 00:58:29,834
but sometimes the examination

1604
00:58:29,834 --> 00:58:31,127
process could take,

1605
00:58:31,130 --> 00:58:32,022
you know,

1606
00:58:32,022 --> 00:58:35,590
over a year or even sometimes several years

1607
00:58:35,679 --> 00:58:38,879
depending on what the what the art is.

1608
00:58:38,880 --> 00:58:42,456
So one of the first things that happens.

1609
00:58:42,460 --> 00:58:44,950
Is Jason mentioned in office actions,

1610
00:58:44,950 --> 00:58:47,025
The patent examiners will also

1611
00:58:47,025 --> 00:58:48,685
issue an office action.

1612
00:58:48,690 --> 00:58:51,588
I think he said probably about 20%

1613
00:58:51,590 --> 00:58:54,080
receive an office action on trademarks.

1614
00:58:54,080 --> 00:58:55,876
Majority of applications received

1615
00:58:55,876 --> 00:58:58,570
a first office action in patents

1616
00:58:58,641 --> 00:59:00,717
when I was in private practice.

1617
00:59:00,720 --> 00:59:03,126
I only ever had one application

1618
00:59:03,126 --> 00:59:05,598
that did not receive an office

1619
00:59:05,598 --> 00:59:07,956
section and the first action was

1620
00:59:07,956 --> 00:59:10,679
a notice of allowance saying yes,

1621
00:59:10,680 --> 00:59:12,930
there's clean patentable subject matter.

1622
00:59:12,930 --> 00:59:15,520
And I tell you my office like,

1623
00:59:15,520 --> 00:59:17,440
scrutinize that application more closely

1624
00:59:17,440 --> 00:59:19,959
than any other applications to make sure.

1625
00:59:19,960 --> 00:59:21,810
Did we get broad enough

1626
00:59:21,810 --> 00:59:23,290
protection for our client?

1627
00:59:23,290 --> 00:59:24,642
But so you know,

1628
00:59:24,642 --> 00:59:26,670
don't worry if you receive an

1629
00:59:26,744 --> 00:59:29,432
office action that is again a

1630
00:59:29,432 --> 00:59:31,603
communication from the examiner and

1631
00:59:31,603 --> 00:59:34,019
what they do is they do a search,

1632
00:59:34,020 --> 00:59:35,964
they'll do a search and compare

1633
00:59:35,964 --> 00:59:37,774
that to your claimed invention

1634
00:59:37,774 --> 00:59:39,570
and determine they'll say,

1635
00:59:39,570 --> 00:59:39,984
well,

1636
00:59:39,984 --> 00:59:42,468
your invention isn't new it isn't

1637
00:59:42,468 --> 00:59:44,000
an obvious because of

1638
00:59:44,000 --> 00:59:46,154
These patents that are already out

1639
00:59:46,154 --> 00:59:48,603
there now then what you have the

1640
00:59:48,603 --> 00:59:51,217
opportunity to do is come back and do

1641
00:59:51,217 --> 00:59:54,057
a communication back to the examiner and say,

1642
00:59:54,060 --> 00:59:56,489
well wait a minute no no no.

1643
00:59:56,490 --> 00:59:58,095
My invention is different and

1644
00:59:58,095 --> 01:00:00,460
new and it is not disclosed.

1645
01:00:00,460 --> 01:00:02,024
Any of these references?

1646
01:00:02,024 --> 01:00:04,370
Because and then you list the

1647
01:00:04,443 --> 01:00:07,395
because and it can be a back and

1648
01:00:07,395 --> 01:00:09,178
forth conversation through written

1649
01:00:09,178 --> 01:00:11,118
communication with the examiner

1650
01:00:11,118 --> 01:00:13,894
and to determine if there is

1651
01:00:13,894 --> 01:00:15,979
patentable subject matter and so

1652
01:00:15,979 --> 01:00:19,359
that is on the patent side, as Jason

1653
01:00:19,359 --> 01:00:21,404
said on the trademark side

1654
01:00:21,487 --> 01:00:24,406
and on the patents I you can

1655
01:00:24,406 --> 01:00:26,086
file these applications yourself.

1656
01:00:26,086 --> 01:00:28,216
You are authorized to represent

1657
01:00:28,216 --> 01:00:30,889
yourself before the office in these

1658
01:00:30,889 --> 01:00:32,685
Patent and Trademark applications.

1659
01:00:32,690 --> 01:00:34,505
Both patents and trademarks have

1660
01:00:34,505 --> 01:00:36,600
assistance centers that can help you.

1661
01:00:36,600 --> 01:00:39,432
So if you so choose to represent yourself

1662
01:00:39,432 --> 01:00:41,570
now, they cannot provide legal advice,

1663
01:00:41,570 --> 01:00:43,978
but they can help you navigate the

1664
01:00:43,978 --> 01:00:46,180
system a little bit the process.

1665
01:00:46,180 --> 01:00:47,960
But if it comes to,

1666
01:00:47,960 --> 01:00:51,510
what should I do or what are my legal rights,

1667
01:00:51,510 --> 01:00:54,350
they won't be able to go that step.

1668
01:00:54,350 --> 01:00:56,174
If you decide you need legal

1669
01:00:56,174 --> 01:00:58,710
advice or you just don't want to

1670
01:00:58,710 --> 01:01:00,374
file the applications yourself,

1671
01:01:00,380 --> 01:01:02,440
you want legal counsel. There's.

1672
01:01:02,440 --> 01:01:05,086
Several ways you can do that.

1673
01:01:05,090 --> 01:01:07,055
One, there are practitioners in

1674
01:01:07,055 --> 01:01:08,627
private practice who specialize

1675
01:01:08,627 --> 01:01:10,399
in trademark prosecution.

1676
01:01:10,400 --> 01:01:12,020
Also, there are.

1677
01:01:12,020 --> 01:01:14,180
Attorneys who are registered.

1678
01:01:14,180 --> 01:01:16,940
You always want to make sure you use

1679
01:01:16,940 --> 01:01:18,764
a registered patent practitioner

1680
01:01:18,764 --> 01:01:20,880
for a patent application.

1681
01:01:20,880 --> 01:01:23,394
These are people who are authorized

1682
01:01:23,394 --> 01:01:25,070
to represent others now,

1683
01:01:25,070 --> 01:01:28,115
what happens if you are a individual

1684
01:01:28,115 --> 01:01:31,078
or small business and maybe you don't

1685
01:01:31,078 --> 01:01:34,351
yet have the resources to pay for the

1686
01:01:34,351 --> 01:01:36,811
service of a trademark attorney or

1687
01:01:36,811 --> 01:01:39,364
a patent attorney or patent agent?

1688
01:01:39,364 --> 01:01:41,519
The office overseas and administers

1689
01:01:41,519 --> 01:01:42,750
two programs I.

1690
01:01:42,750 --> 01:01:44,920
Mentioned it in my introduction,

1691
01:01:44,920 --> 01:01:48,154
one is called the Law School Clinic

1692
01:01:48,154 --> 01:01:50,397
certification program and the other

1693
01:01:50,397 --> 01:01:52,725
is the patent pro bono program.

1694
01:01:52,730 --> 01:01:55,320
Both of these programs provide

1695
01:01:55,320 --> 01:01:57,392
intellectual property services to

1696
01:01:57,392 --> 01:01:59,975
qualified individuals as part of the

1697
01:01:59,975 --> 01:02:02,411
USPTO's pro Bono Initiative to help

1698
01:02:02,411 --> 01:02:05,008
those who may not have the resource

1699
01:02:05,008 --> 01:02:07,052
resources to obtain patent services,

1700
01:02:07,052 --> 01:02:07,920
who really?

1701
01:02:07,920 --> 01:02:10,993
Who really could use these services so

1702
01:02:10,993 --> 01:02:13,628
both services provide their legal fees?

1703
01:02:13,630 --> 01:02:15,650
For free to qualified individuals,

1704
01:02:15,650 --> 01:02:17,570
the individuals or applicants would

1705
01:02:17,570 --> 01:02:20,328
just have to pay the USPTO filing

1706
01:02:20,328 --> 01:02:23,016
fees and any other fees that are

1707
01:02:23,016 --> 01:02:24,910
associated with the application,

1708
01:02:24,910 --> 01:02:27,328
but their legal services are free.

1709
01:02:27,330 --> 01:02:29,285
The difference between these two

1710
01:02:29,285 --> 01:02:32,170
programs is on the law school side.

1711
01:02:32,170 --> 01:02:34,588
We have 60 participating law schools.

1712
01:02:34,590 --> 01:02:36,996
The law schools provide patent services,

1713
01:02:37,000 --> 01:02:38,612
trademark services, or both,

1714
01:02:38,612 --> 01:02:41,030
so you could receive from either.

1715
01:02:41,030 --> 01:02:44,756
In this case, each of the law school clinics.

1716
01:02:44,760 --> 01:02:46,264
As a authorized person,

1717
01:02:46,264 --> 01:02:49,042
who is the supervisor who is a

1718
01:02:49,042 --> 01:02:51,282
qualified individual to either 

1719
01:02:51,282 --> 01:02:54,004
is licensed to practice trademark law

1720
01:02:54,004 --> 01:02:56,560
or is a registered patent practitioner

1721
01:02:56,560 --> 01:02:59,108
who is authorized to provide patent

1722
01:02:59,108 --> 01:03:01,640
services to others before the office.

1723
01:03:01,640 --> 01:03:04,573
So all the schools have a qualified

1724
01:03:04,573 --> 01:03:07,968
individual on the trade on the logical side,

1725
01:03:07,970 --> 01:03:08,336
again,

1726
01:03:08,336 --> 01:03:09,434
as it is,

1727
01:03:09,434 --> 01:03:12,222
it's a law school program so students

1728
01:03:12,222 --> 01:03:15,288
enroll in the clinic each semester.

1729
01:03:15,290 --> 01:03:17,840
And they work with supervisor to

1730
01:03:17,840 --> 01:03:19,943
help provide those services to

1731
01:03:19,943 --> 01:03:21,887
the public and to the client.

1732
01:03:21,890 --> 01:03:24,212
So it's also a learning experience

1733
01:03:24,212 --> 01:03:25,373
for the students.

1734
01:03:25,380 --> 01:03:26,424
As I said,

1735
01:03:26,424 --> 01:03:28,512
there are 60 law schools that

1736
01:03:28,512 --> 01:03:30,030
provide these services,

1737
01:03:30,030 --> 01:03:32,292
and some of them have restrictions

1738
01:03:32,292 --> 01:03:34,689
based on their geographic service area.

1739
01:03:34,690 --> 01:03:36,625
Other serve clients all throughout

1740
01:03:36,625 --> 01:03:37,786
the United States,

1741
01:03:37,790 --> 01:03:40,118
so that's a little overview of

1742
01:03:40,118 --> 01:03:41,670
the law school program,

1743
01:03:41,670 --> 01:03:43,725
the patent pro Bono program

1744
01:03:43,725 --> 01:03:45,780
is another pro bono program.

1745
01:03:45,780 --> 01:03:47,990
It only provides patent services,

1746
01:03:47,990 --> 01:03:51,203
so there are 21 regional programs that

1747
01:03:51,203 --> 01:03:53,461
provide coverage throughout the entire

1748
01:03:53,461 --> 01:03:55,879
United States and what the regional

1749
01:03:55,879 --> 01:03:58,989
programs do is they seek volunteer patent

1750
01:03:58,989 --> 01:04:01,651
practitioners to donate their time and

1751
01:04:01,651 --> 01:04:04,237
provide these services to the qualified

1752
01:04:04,237 --> 01:04:06,510
applicants through the patent system.

1753
01:04:06,510 --> 01:04:09,574
And so there is a series of steps

1754
01:04:09,574 --> 01:04:12,771
that an individual would need to go

1755
01:04:12,771 --> 01:04:16,698
through to see do they qualify for the.

1756
01:04:16,700 --> 01:04:19,836
patent Pro Bono program and if they do,

1757
01:04:19,840 --> 01:04:22,306
they're paired up with a registered

1758
01:04:22,306 --> 01:04:24,748
patent practitioner who will work with

1759
01:04:24,748 --> 01:04:26,920
them to draft a patent application,

1760
01:04:26,920 --> 01:04:29,538
file it and go through the prosecution

1761
01:04:29,538 --> 01:04:32,028
phase that we that we discussed.

1762
01:04:32,030 --> 01:04:33,995
So that's a little overview

1763
01:04:33,995 --> 01:04:35,960
about both of those programs.

1764
01:04:38,750 --> 01:04:41,150
Thank you so much, Jennifer. Ben,

1765
01:04:41,150 --> 01:04:44,006
can you let us know what they should

1766
01:04:44,006 --> 01:04:46,115
expect when they contact

1767
01:04:46,115 --> 01:04:48,743
stopfakes.gov or even just your general,

1768
01:04:48,750 --> 01:04:51,150
just other aspects of your program?

1769
01:04:51,150 --> 01:04:54,748
What should they expect at once they

1770
01:04:54,748 --> 01:04:57,580
participate in file for for help.

1771
01:04:57,580 --> 01:05:00,036
Alright, so we have our business and they've

1772
01:05:00,036 --> 01:05:02,376
followed all of the advice they learn today.

1773
01:05:02,380 --> 01:05:03,576
They have their trademark.

1774
01:05:03,576 --> 01:05:05,680
They have their patent and guess what?

1775
01:05:05,680 --> 01:05:07,372
It was a genius idea hovering

1776
01:05:07,372 --> 01:05:09,280
motorcycle and we are making money.

1777
01:05:09,280 --> 01:05:11,629
So now if I'm at the road show I'm

1778
01:05:11,629 --> 01:05:13,776
probably going to ask the participants.

1779
01:05:13,780 --> 01:05:16,462
OK, what do we do now? We've got it.

1780
01:05:16,462 --> 01:05:19,479
It makes it's going to make a lot of money.

1781
01:05:19,480 --> 01:05:22,090
Where are we going to sell?

1782
01:05:22,090 --> 01:05:22,828
And it's OK.

1783
01:05:22,828 --> 01:05:25,090
Well, it's we want to try to get it

1784
01:05:25,090 --> 01:05:28,510
on Amazon and I said, are we going to?

1785
01:05:28,510 --> 01:05:30,946
Other countries do we want to sell?

1786
01:05:30,950 --> 01:05:33,812
OK, well we want to sell in Canada and

1787
01:05:33,812 --> 01:05:36,814
Mexico and you know they'll have their list.

1788
01:05:36,820 --> 01:05:39,704
Ann here is a real world example

1789
01:05:39,704 --> 01:05:41,430
of what I get.

1790
01:05:41,430 --> 01:05:42,654
First of all,

1791
01:05:42,654 --> 01:05:45,510
what's going to happen when we're successful?

1792
01:05:45,510 --> 01:05:47,673
So everybody that just looked at their

1793
01:05:47,673 --> 01:05:49,826
screen and said we're gonna get ripped

1794
01:05:49,826 --> 01:05:51,552
off you are you're 100% correct.

1795
01:05:51,552 --> 01:05:51,814
Yes,

1796
01:05:51,814 --> 01:05:53,648
if you're gonna if you're if you

1797
01:05:53,648 --> 01:05:55,329
have something that makes money

1798
01:05:55,329 --> 01:05:57,369
eventually somebody's going to copy it.

1799
01:05:57,370 --> 01:05:59,484
So the question is how are you?

1800
01:05:59,490 --> 01:06:02,374
How do you try to protect it?

1801
01:06:02,380 --> 01:06:04,630
And a lot of people that we deal with

1802
01:06:04,630 --> 01:06:06,291
the small businesses, especially.

1803
01:06:06,291 --> 01:06:07,796
They've got their US patent.

1804
01:06:07,800 --> 01:06:09,300
They've got their US trademark.

1805
01:06:09,300 --> 01:06:10,203
But guess what?

1806
01:06:10,203 --> 01:06:12,310
That only protects you in the US.

1807
01:06:12,310 --> 01:06:13,790
That's probably the most important

1808
01:06:13,790 --> 01:06:15,620
thing I could tell anybody today.

1809
01:06:15,620 --> 01:06:18,012
Is that even if you went through all

1810
01:06:18,012 --> 01:06:20,439
this work and you got your US patent,

1811
01:06:20,440 --> 01:06:21,950
you got your US trademark.

1812
01:06:21,950 --> 01:06:25,244
It's only going to protect you in the US.

1813
01:06:25,250 --> 01:06:28,733
So if you want to go sell in foreign

1814
01:06:28,733 --> 01:06:31,964
markets then you have to get protection

1815
01:06:31,964 --> 01:06:35,506
in those markets and we have a an

1816
01:06:35,506 --> 01:06:38,354
email address stop fakes at trade Gov.

1817
01:06:38,354 --> 01:06:41,252
You'll see it at the end where

1818
01:06:41,252 --> 01:06:43,862
people can email in their their

1819
01:06:43,862 --> 01:06:47,244
IP issues and you know 80% of the

1820
01:06:47,244 --> 01:06:49,776
emails that I get every day

1821
01:06:49,780 --> 01:06:52,390
are consumers report in different

1822
01:06:52,390 --> 01:06:55,000
sites they see selling counterfeits.

1823
01:06:55,000 --> 01:06:57,128
But every once in awhile you know,

1824
01:06:57,130 --> 01:06:59,092
probably once a week I'll get

1825
01:06:59,092 --> 01:07:01,728
a a an issue from a business.

1826
01:07:01,730 --> 01:07:02,122
And.

1827
01:07:02,122 --> 01:07:04,474
Usually I'll pick up the phone

1828
01:07:04,474 --> 01:07:06,849
and I'll call them and this.

1829
01:07:06,850 --> 01:07:09,906
This is an example real world example of

1830
01:07:09,906 --> 01:07:13,437
what I would usually hear and you'll be.

1831
01:07:13,440 --> 01:07:16,152
Look I I started going into a contract

1832
01:07:16,152 --> 01:07:18,831
with a company in Australia and I

1833
01:07:18,831 --> 01:07:21,589
was going to supply them my widget.

1834
01:07:21,590 --> 01:07:23,277
And I we went back and forth

1835
01:07:23,277 --> 01:07:25,422
on price and all of a sudden I

1836
01:07:25,422 --> 01:07:26,777
didn't hear from them again.

1837
01:07:26,780 --> 01:07:29,540
And then I find out that

1838
01:07:29,540 --> 01:07:31,380
there selling my widget.

1839
01:07:31,380 --> 01:07:33,244
In Australia, so he picks up the phone.

1840
01:07:33,250 --> 01:07:34,190
He calls the guy.

1841
01:07:34,190 --> 01:07:34,660
He says,

1842
01:07:34,660 --> 01:07:34,940
well,

1843
01:07:34,940 --> 01:07:37,460
you know you still want me to be your

1844
01:07:37,528 --> 01:07:39,439
supplier and he's like no I can

1845
01:07:39,439 --> 01:07:41,439
get it for cheaper in China.

1846
01:07:41,440 --> 01:07:44,050
So in his mind he's like

1847
01:07:44,050 --> 01:07:46,610
my widget is being stolen.

1848
01:07:46,610 --> 01:07:49,487
But it's not his widget in Australian

1849
01:07:49,487 --> 01:07:52,367
and it's not his widget in China.

1850
01:07:52,370 --> 01:07:56,738
So it's important that you look at.

1851
01:07:56,740 --> 01:07:58,994
Not only where you want to export,

1852
01:07:59,000 --> 01:08:01,456
but we always tell people always look at

1853
01:08:01,456 --> 01:08:04,166
the kind of the main offenders. You know.

1854
01:08:04,166 --> 01:08:06,750
Where is it likely to be ripped off.

1855
01:08:06,750 --> 01:08:09,334
And of course China is one of those,

1856
01:08:09,340 --> 01:08:11,278
and it's not picking on China.

1857
01:08:11,280 --> 01:08:13,632
86% of the counterfeits that are ceased

1858
01:08:13,632 --> 01:08:16,174
at our borders come from Hong Kong or

1859
01:08:16,174 --> 01:08:18,698
China is pretty much the same every year,

1860
01:08:18,700 --> 01:08:20,638
so you can actually get protection

1861
01:08:20,638 --> 01:08:21,607
in those countries.

1862
01:08:21,610 --> 01:08:24,517
One of the things we have on our website,

1863
01:08:24,520 --> 01:08:26,020
we have these toolkits

1864
01:08:26,020 --> 01:08:27,145
for different industries.

1865
01:08:27,150 --> 01:08:30,104
And the information on those toolkits is.

1866
01:08:30,110 --> 01:08:32,438
Ways that you can get intellectual

1867
01:08:32,438 --> 01:08:33,990
intellectual property in other

1868
01:08:34,051 --> 01:08:36,376
countries using these efficiency tools,

1869
01:08:36,380 --> 01:08:38,280
which are some treaties?

1870
01:08:38,280 --> 01:08:40,655
The nice thing about these

1871
01:08:40,655 --> 01:08:42,558
treaties is a lot of them.

1872
01:08:42,560 --> 01:08:44,588
You can go through the USPTO,

1873
01:08:44,590 --> 01:08:46,666
so we have the patent Cooperation

1874
01:08:46,666 --> 01:08:49,181
Treaty for trying to get patents in

1875
01:08:49,181 --> 01:08:51,299
other countries that can be done

1876
01:08:51,299 --> 01:08:53,707
through the USPTO with your US patent.

1877
01:08:53,710 --> 01:08:55,063
Same with trademarks.

1878
01:08:55,063 --> 01:08:57,769
We have something called the Madrid

1879
01:08:57,769 --> 01:09:00,488
Protocol where if you have a US trademark

1880
01:09:00,488 --> 01:09:02,868
you can apply for other countries.

1881
01:09:02,870 --> 01:09:04,400
Have information on all this stuff.

1882
01:09:04,400 --> 01:09:06,185
USPTO has it on their website,

1883
01:09:06,190 --> 01:09:09,910
so there are tools that people can use.

1884
01:09:09,910 --> 01:09:14,355
The main thing is it's gonna happen.

1885
01:09:14,360 --> 01:09:15,245
The bottom line,

1886
01:09:15,245 --> 01:09:17,015
most of the time these are.

1887
01:09:17,020 --> 01:09:18,604
These are private, right?

1888
01:09:18,604 --> 01:09:20,584
So businesses are responsible for

1889
01:09:20,584 --> 01:09:22,858
protecting their own intellectual property.

1890
01:09:22,860 --> 01:09:26,808
So I'll I'll leave it at that.

1891
01:09:26,810 --> 01:09:27,923
Thank you Ben.

1892
01:09:27,923 --> 01:09:29,407
So we have a.

1893
01:09:29,410 --> 01:09:32,007
Our person has the knows a lot

1894
01:09:32,007 --> 01:09:33,120
about their trademarks.

1895
01:09:33,120 --> 01:09:34,970
They know that they should

1896
01:09:34,970 --> 01:09:35,710
file internationally.

1897
01:09:35,710 --> 01:09:37,756
They have their their idea of

1898
01:09:37,756 --> 01:09:40,170
what they may do patent wise,

1899
01:09:40,170 --> 01:09:42,508
but Jennifer are there still you know

1900
01:09:42,508 --> 01:09:44,989
trying to form that small businesses.

1901
01:09:44,990 --> 01:09:47,798
They just they have to get it in

1902
01:09:47,798 --> 01:09:50,342
in Commerce in order to use the

1903
01:09:50,342 --> 01:09:52,981
trademark and to get the value out

1904
01:09:52,981 --> 01:09:55,375
of you know the patent filing.

1905
01:09:55,380 --> 01:09:56,604
What would they?

1906
01:09:56,604 --> 01:09:59,052
Once they participate with the SBA,

1907
01:09:59,060 --> 01:10:00,504
what's the process you?

1908
01:10:00,504 --> 01:10:01,948
It grants tech transfer.

1909
01:10:01,950 --> 01:10:05,275
What does that look like for them?

1910
01:10:05,280 --> 01:10:05,632
Yeah,

1911
01:10:05,632 --> 01:10:08,096
thanks and you know this is going

1912
01:10:08,096 --> 01:10:11,148
to be completely different because.

1913
01:10:11,150 --> 01:10:13,220
You know when you're filing for

1914
01:10:13,220 --> 01:10:14,255
trademarks and patents,

1915
01:10:14,260 --> 01:10:16,372
you know both Jennifer and Jason

1916
01:10:16,372 --> 01:10:18,835
mentioned the fees and as a small

1917
01:10:18,835 --> 01:10:20,470
business owner that's one of

1918
01:10:20,470 --> 01:10:22,567
probably an inventor is just one

1919
01:10:22,567 --> 01:10:23,943
of your main concerns.

1920
01:10:23,950 --> 01:10:26,718
Where am I going to get the money?

1921
01:10:26,720 --> 01:10:29,825
How am I going to pay for these things?

1922
01:10:29,830 --> 01:10:30,114
How?

1923
01:10:30,114 --> 01:10:32,670
How do I find the money to run the

1924
01:10:32,746 --> 01:10:35,368
business and pay for the protection?

1925
01:10:35,370 --> 01:10:38,214
And so I'm going to focus in on the

1926
01:10:38,214 --> 01:10:41,215
that $4 billion seed fund I mentioned?

1927
01:10:41,220 --> 01:10:42,408
At the start,

1928
01:10:42,408 --> 01:10:44,784
which is the SBIR small Business

1929
01:10:44,784 --> 01:10:45,880
Innovation research,

1930
01:10:45,880 --> 01:10:48,000
small business technology transfer programs?

1931
01:10:48,000 --> 01:10:50,125
That money is for doing

1932
01:10:50,125 --> 01:10:51,400
research and development.

1933
01:10:51,400 --> 01:10:54,400
So these are both grants and contracts and

1934
01:10:54,400 --> 01:10:57,756
one of the things that's really complex.

1935
01:10:57,760 --> 01:11:00,910
I think about the the program is that it's

1936
01:11:00,910 --> 01:11:03,688
really 11 different federal departments.

1937
01:11:03,690 --> 01:11:05,675
Any agent, any federal agency

1938
01:11:05,675 --> 01:11:08,360
you think of that fund science.

1939
01:11:08,360 --> 01:11:10,048
So Department of Defense,

1940
01:11:10,048 --> 01:11:11,740
National Science Foundation, NASA.

1941
01:11:11,740 --> 01:11:14,260
Department of Health and Human Services.

1942
01:11:14,260 --> 01:11:15,394
Yeah, you know.

1943
01:11:15,394 --> 01:11:18,420
And I age, the US Department of Agriculture,

1944
01:11:18,420 --> 01:11:20,680
they all support small businesses

1945
01:11:20,680 --> 01:11:22,488
in furthering their R&D.

1946
01:11:22,490 --> 01:11:25,310
I want to and there are a few really key

1947
01:11:25,389 --> 01:11:28,569
pieces related to intellectual property here.

1948
01:11:28,570 --> 01:11:31,482
One is that when you apply for a

1949
01:11:31,482 --> 01:11:34,560
grant or contract through the SBIR

1950
01:11:34,560 --> 01:11:37,375
program that is not considered.

1951
01:11:37,380 --> 01:11:39,080
I'm blanking on the word,

1952
01:11:39,080 --> 01:11:41,120
maybe Jennifer you talking to her,

1953
01:11:41,120 --> 01:11:43,500
but it's it's not disclosure so it

1954
01:11:43,500 --> 01:11:45,587
won't harm your ability when you

1955
01:11:45,587 --> 01:11:47,918
apply for a grant or a contract.

1956
01:11:47,920 --> 01:11:50,300
So if you don't have your patent

1957
01:11:50,300 --> 01:11:51,660
protection yet, that's OK.

1958
01:11:51,660 --> 01:11:53,700
The other pieces that there is,

1959
01:11:53,700 --> 01:11:54,082
well,

1960
01:11:54,082 --> 01:11:57,138
all of the funding that goes to support

1961
01:11:57,138 --> 01:12:00,128
that research and development project.

1962
01:12:00,130 --> 01:12:01,798
Is for the R&D.

1963
01:12:01,798 --> 01:12:04,300
There is a special provision that

1964
01:12:04,386 --> 01:12:07,551
came in recently actually called

1965
01:12:07,551 --> 01:12:10,083
technical and business assistance,

1966
01:12:10,090 --> 01:12:13,688
which is up to $6500 in the

1967
01:12:13,688 --> 01:12:17,199
first phase of these programs.

1968
01:12:17,200 --> 01:12:21,130
I guess like well, let me give one step back,

1969
01:12:21,130 --> 01:12:23,706
which is the SBIR and STTR programs

1970
01:12:23,706 --> 01:12:26,240
are its trust in phased funding,

1971
01:12:26,240 --> 01:12:28,200
so there's an initial phase,

1972
01:12:28,200 --> 01:12:30,958
one proof of concept type of funding,

1973
01:12:30,960 --> 01:12:32,920
so this can help you.

1974
01:12:32,920 --> 01:12:34,492
You've got an idea,

1975
01:12:34,492 --> 01:12:36,850
bring it to a prototype stage,

1976
01:12:36,850 --> 01:12:38,820
or you have a prototype.

1977
01:12:38,820 --> 01:12:41,564
Let's test it out a little bit,

1978
01:12:41,570 --> 01:12:43,928
and so that's what that Phase

1979
01:12:43,928 --> 01:12:45,500
One funding is for.

1980
01:12:45,500 --> 01:12:47,426
It's typically somewhere

1981
01:12:47,426 --> 01:12:49,994
between $50,000 and $250,000.

1982
01:12:50,000 --> 01:12:52,526
And then there's a second phase.

1983
01:12:52,530 --> 01:12:55,056
Once you've gone past that phase.

1984
01:12:55,060 --> 01:12:57,592
One proof of concept to do

1985
01:12:57,592 --> 01:12:59,280
further research and development,

1986
01:12:59,280 --> 01:13:02,610
and so phase two is is $750,000 up to

1987
01:13:02,610 --> 01:13:05,190
somewhere you know almost $2,000,000.

1988
01:13:05,190 --> 01:13:08,144
So $1.7 million and and then really,

1989
01:13:08,150 --> 01:13:11,237
that's to get you to derisk that

1990
01:13:11,237 --> 01:13:13,628
technology development so that you can.

1991
01:13:13,630 --> 01:13:17,134
You can do the work that will also

1992
01:13:17,134 --> 01:13:20,150
help you develop the patents.

1993
01:13:20,150 --> 01:13:23,391
And you can also do more to

1994
01:13:23,391 --> 01:13:25,450
protect your intellectual property

1995
01:13:25,450 --> 01:13:27,758
during this time period.

1996
01:13:27,760 --> 01:13:30,584
To possibly sell or license it later on

1997
01:13:30,584 --> 01:13:33,948
as a possible exit for your business.

1998
01:13:33,950 --> 01:13:36,742
But one of the things that I started

1999
01:13:36,742 --> 01:13:39,267
to talk about was beyond that,

2000
01:13:39,270 --> 01:13:41,550
you know, $250,000 in Phase one.

2001
01:13:41,550 --> 01:13:43,830
You can have up to $6500.

2002
01:13:43,830 --> 01:13:46,490
That can help support you either paying,

2003
01:13:46,490 --> 01:13:49,530
you know some of the licensing or not,

2004
01:13:49,530 --> 01:13:51,810
like licensing fees is a possibility,

2005
01:13:51,810 --> 01:13:54,358
but patent fees or for a consultant

2006
01:13:54,358 --> 01:13:57,077
to help you with this and it's

2007
01:13:57,077 --> 01:13:59,790
actually up to $50,000 in phase two.

2008
01:13:59,790 --> 01:14:01,482
So there's funding available.

2009
01:14:01,482 --> 01:14:03,597
There's also in kind services

2010
01:14:03,597 --> 01:14:05,548
that a lot of the agencies.

2011
01:14:05,550 --> 01:14:07,590
Offered to help support your

2012
01:14:07,590 --> 01:14:10,590
ability to do this and then one

2013
01:14:10,590 --> 01:14:13,230
of the really key things about

2014
01:14:13,230 --> 01:14:15,414
getting funding through the SBIR

2015
01:14:15,414 --> 01:14:18,270
STR programs is that it comes with

2016
01:14:18,270 --> 01:14:20,385
something called SBIR data rights

2017
01:14:20,385 --> 01:14:22,486
protections, which means that those

2018
01:14:22,486 --> 01:14:24,162
agencies cannot reveal anything

2019
01:14:24,162 --> 01:14:26,754
about your data that you developed

2020
01:14:26,754 --> 01:14:28,864
through these grants and contracts,

2021
01:14:28,870 --> 01:14:31,723
and so that allows you if you want to

2022
01:14:31,723 --> 01:14:35,514
use trade secret as your mechanism for

2023
01:14:35,514 --> 01:14:37,774
protecting your intellectual property.

2024
01:14:37,780 --> 01:14:39,216
These data rights protections

2025
01:14:39,216 --> 01:14:41,370
allow for that to also happen,

2026
01:14:41,370 --> 01:14:43,750
and that will be maintained.

2027
01:14:43,750 --> 01:14:46,018
So I know that there's a.

2028
01:14:46,020 --> 01:14:48,589
There's a lot about SBIR that I

2029
01:14:48,589 --> 01:14:51,330
could go into much more in depth,

2030
01:14:51,330 --> 01:14:53,472
but there are mechanisms and we'd

2031
01:14:53,472 --> 01:14:55,360
like to collaborate with USPTO

2032
01:14:55,360 --> 01:14:57,724
on all of the valuable inventor

2033
01:14:57,724 --> 01:14:58,906
resources available there.

2034
01:14:58,910 --> 01:15:01,814
But this is where you can

2035
01:15:01,814 --> 01:15:04,860
find some money so sbir.gov.

2036
01:15:04,860 --> 01:15:07,602
And you can find many resources

2037
01:15:07,602 --> 01:15:10,390
there as well to find you.

2038
01:15:10,390 --> 01:15:12,695
I mentioned the SBA resource

2039
01:15:12,695 --> 01:15:13,617
partner network on sbir.gov.

2040
01:15:13,620 --> 01:15:16,266
We also have a specific area focused

2041
01:15:16,266 --> 01:15:18,490
on finding local assistance dedicated

2042
01:15:18,490 --> 01:15:21,025
to those entrepreneurs who are

2043
01:15:21,025 --> 01:15:23,759
focused in research and development.

2044
01:15:27,150 --> 01:15:29,538
Thank you everyone. This has been

2045
01:15:29,538 --> 01:15:31,749
a very informative panel we have.

2046
01:15:31,750 --> 01:15:35,188
I guess we can try to take one minute.

2047
01:15:35,190 --> 01:15:36,722
Maybe if you can,

2048
01:15:36,722 --> 01:15:39,020
you know say in one sentence.

2049
01:15:39,020 --> 01:15:41,827
The best advice you can give our

2050
01:15:41,827 --> 01:15:43,998
business owner as we wrap up.

2051
01:15:46,250 --> 01:15:47,338
Sure, I'll start off.

2052
01:15:47,338 --> 01:15:50,348
So I would say the best advice is to educate

2053
01:15:50,348 --> 01:15:52,740
yourself and with regard to trademarks.

2054
01:15:52,740 --> 01:15:55,132
One of the best ways to educate yourself

2055
01:15:55,132 --> 01:15:57,710
is to go to uspto.gov and take a look

2056
01:15:57,710 --> 01:16:00,158
at all the resources we have there.

2057
01:16:00,160 --> 01:16:01,700
Please sign up for our

2058
01:16:01,700 --> 01:16:02,624
Trademark Basics bootcamp.

2059
01:16:02,630 --> 01:16:04,681
You'll see my big greasy forehead like

2060
01:16:04,681 --> 01:16:06,895
every single Tuesday for eight weeks and

2061
01:16:06,895 --> 01:16:08,495
you learn everything about trademarks.

2062
01:16:08,500 --> 01:16:10,300
We also have a downloadable trademark

2063
01:16:10,300 --> 01:16:11,900
basics booklet which is really,

2064
01:16:11,900 --> 01:16:12,476
really helpful.

2065
01:16:12,476 --> 01:16:14,492
We have lots of trademark videos that

2066
01:16:14,492 --> 01:16:16,108
are available and we've recently

2067
01:16:16,108 --> 01:16:18,016
learned YouTube allows you to auto

2068
01:16:18,076 --> 01:16:20,050
translate that into other languages so.

2069
01:16:20,050 --> 01:16:21,982
Even though everything we have up is

2070
01:16:21,982 --> 01:16:23,600
pretty much English language based,

2071
01:16:23,600 --> 01:16:25,080
you can use YouTube's auto

2072
01:16:25,080 --> 01:16:26,560
Translate feature if you were.

2073
01:16:26,560 --> 01:16:28,040
If you don't speak English

2074
01:16:28,040 --> 01:16:29,520
as as your first language,

2075
01:16:29,520 --> 01:16:30,895
another great resource as we

2076
01:16:30,895 --> 01:16:33,070
wrap up is to is to remember.

2077
01:16:33,070 --> 01:16:34,234
And Jennifer mentioned this,

2078
01:16:34,234 --> 01:16:35,398
the Trademark Assistance Center

2079
01:16:35,398 --> 01:16:36,920
and this our customer Service,

2080
01:16:36,920 --> 01:16:38,104
division of trademarks and

2081
01:16:38,104 --> 01:16:39,584
they love to help you.

2082
01:16:39,590 --> 01:16:41,620
They want nothing more than to help

2083
01:16:41,620 --> 01:16:43,791
you and you can give them a call

2084
01:16:43,791 --> 01:16:46,130
you can shoot him an email and of

2085
01:16:46,130 --> 01:16:47,865
course cannot give legal advice.

2086
01:16:47,870 --> 01:16:50,624
No one at the USB token give legal advice.

2087
01:16:50,630 --> 01:16:52,779
But they can give you general information,

2088
01:16:52,780 --> 01:16:54,616
so that would be my advice.

2089
01:16:54,620 --> 01:16:56,517
Educate yourself as much as possible about

2090
01:16:56,517 --> 01:16:58,310
trademarks and the registration process,

2091
01:16:58,310 --> 01:16:59,798
and that's going to help you

2092
01:16:59,798 --> 01:17:01,638
so much when you file your

2093
01:17:01,638 --> 01:17:03,218
application in your applications,

2094
01:17:03,220 --> 01:17:04,750
going to sail right through.

2095
01:17:08,500 --> 01:17:10,915
Hi I will echo what Jason said.

2096
01:17:10,920 --> 01:17:11,955
Definitely educate yourself

2097
01:17:11,955 --> 01:17:13,335
on the patent side.

2098
01:17:13,340 --> 01:17:15,506
There is something that Jennifer also

2099
01:17:15,506 --> 01:17:17,334
alluded to that's called disclosure

2100
01:17:17,334 --> 01:17:19,574
on the patent side there is something

2101
01:17:19,574 --> 01:17:21,655
if you disclose your invention to

2102
01:17:21,655 --> 01:17:23,719
the public that starts the Clock

2103
01:17:23,720 --> 01:17:25,834
running for the time that you have

2104
01:17:25,834 --> 01:17:28,220
to file in a patent application.

2105
01:17:28,220 --> 01:17:31,046
And if you do not file a patent application

2106
01:17:31,046 --> 01:17:33,068
within that time from disclosure,

2107
01:17:33,070 --> 01:17:34,795
your invention is then dedicated

2108
01:17:34,795 --> 01:17:36,916
to the public, so be careful.

2109
01:17:36,916 --> 01:17:38,364
If you're out it.

2110
01:17:38,370 --> 01:17:40,428
No, it cocktail events or anything

2111
01:17:40,428 --> 01:17:42,690
like that in what you're disclosing

2112
01:17:42,690 --> 01:17:45,144
until you either educate yourself or

2113
01:17:45,144 --> 01:17:47,406
talk to a licensed practitioner that

2114
01:17:47,406 --> 01:17:50,038
can tell you what to do because the

2115
01:17:50,038 --> 01:17:52,764
last thing you want to do is take an

2116
01:17:52,764 --> 01:17:55,110
action that would actually preclude you

2117
01:17:55,110 --> 01:17:57,610
from patenting your wonderful invention.

2118
01:17:57,610 --> 01:17:58,720
You know, again,

2119
01:17:58,720 --> 01:17:59,460
more resources.

2120
01:17:59,460 --> 01:18:01,728
I talked about the law school

2121
01:18:01,728 --> 01:18:02,862
clinic certification program

2122
01:18:02,862 --> 01:18:05,007
and the patent pro Bono program.

2123
01:18:05,010 --> 01:18:08,186
Both of those websites are going to be

2124
01:18:08,186 --> 01:18:11,049
provided to you at the close of this.

2125
01:18:11,050 --> 01:18:13,258
However, if you forget the websites,

2126
01:18:13,260 --> 01:18:15,932
you can go onto the main Patent Office

2127
01:18:15,932 --> 01:18:18,899
Web page which is uspto.gov and in that

2128
01:18:18,899 --> 01:18:21,380
search box that Jason talked about,

2129
01:18:21,380 --> 01:18:22,457
type either law

2130
01:18:22,457 --> 01:18:22,816
school

2131
01:18:22,816 --> 01:18:25,373
clinic or type in patent pro bono

2132
01:18:25,373 --> 01:18:27,655
program and it'll take you to the

2133
01:18:27,655 --> 01:18:30,410
links and provide you with all the

2134
01:18:30,410 --> 01:18:32,445
information for those two programs.

2135
01:18:32,450 --> 01:18:33,190
Thank you.

2136
01:18:37,650 --> 01:18:41,824
Jennifer Shieh, yeah well so the key piece

2137
01:18:41,824 --> 01:18:44,880
of advice is remember you are not alone.

2138
01:18:44,880 --> 01:18:47,880
There is a ton of help to help

2139
01:18:47,880 --> 01:18:49,858
you navigate all of these.

2140
01:18:49,860 --> 01:18:51,760
You know very complex programs

2141
01:18:51,760 --> 01:18:54,070
and resources and they are free.

2142
01:18:54,070 --> 01:18:56,368
So that's also reminder that there

2143
01:18:56,368 --> 01:18:58,665
are number of these resources that

2144
01:18:58,665 --> 01:19:01,441
are free so sba.gov for any of the

2145
01:19:01,517 --> 01:19:03,537
business assistance more broadly and

2146
01:19:03,537 --> 01:19:06,709
to look for money to fund Sbir.gov.

2147
01:19:11,830 --> 01:19:14,827
OK, yes the 1st for a lot of companies.

2148
01:19:14,830 --> 01:19:16,727
The most important thing is going to

2149
01:19:16,727 --> 01:19:18,819
be your your intellectual property.

2150
01:19:18,820 --> 01:19:21,668
So absolutely protect it.

2151
01:19:21,670 --> 01:19:24,057
You know we operate under a what

2152
01:19:24,057 --> 01:19:26,789
we call the no wrong door policy.

2153
01:19:26,790 --> 01:19:28,986
So if you have any questions,

2154
01:19:28,990 --> 01:19:30,354
any issues you know,

2155
01:19:30,354 --> 01:19:32,400
email whoever you know and you

2156
01:19:32,471 --> 01:19:34,476
know we work closely together,

2157
01:19:34,480 --> 01:19:37,182
we will make sure that we get

2158
01:19:37,182 --> 01:19:39,978
you to the right person so

2159
01:19:39,980 --> 01:19:42,348
You have a question on stop fakes and

2160
01:19:42,348 --> 01:19:45,006
you only remembered Jason and his email.

2161
01:19:45,010 --> 01:19:46,378
He can, you know,

2162
01:19:46,378 --> 01:19:50,188
get you to me and I can help you with

2163
01:19:50,188 --> 01:19:53,610
whatever it is you need the takeaway.

2164
01:19:53,610 --> 01:19:55,860
Get your intellectual property and just

2165
01:19:55,860 --> 01:19:58,060
remember US Patent US trademark only

2166
01:19:58,060 --> 01:20:00,612
protects you in the US so you've got.

2167
01:20:00,620 --> 01:20:02,535
I can look at protecting

2168
01:20:02,535 --> 01:20:04,067
yourself before you export.

2169
01:20:04,070 --> 01:20:04,638
Um?

2170
01:20:04,638 --> 01:20:06,910
And then stopthis.gov please.

2171
01:20:06,910 --> 01:20:09,682
We have lots of information there and

2172
01:20:09,682 --> 01:20:12,650
my email is on the follow up slide

2173
01:20:12,650 --> 01:20:15,809
so feel free to ask me any questions.

2174
01:20:17,980 --> 01:20:19,204
Thank you everyone.

2175
01:20:19,204 --> 01:20:20,836
This concludes our discussion.

2176
01:20:20,840 --> 01:20:23,689
I want to thank our panelists today.

2177
01:20:23,690 --> 01:20:25,730
You all provided wonderful information.

2178
01:20:25,730 --> 01:20:28,460
Other discussion was robust and I hope

2179
01:20:28,460 --> 01:20:30,959
everyone takes on that good lasting

2180
01:20:30,959 --> 01:20:33,885
advice and gain something from this event.

2181
01:20:33,890 --> 01:20:36,795
An want to thank Sean Wilkerson and

2182
01:20:36,795 --> 01:20:39,290
Nathanya Ferguson and the rest of

2183
01:20:39,290 --> 01:20:41,636
the Office of Outreach and Innovation.

2184
01:20:41,640 --> 01:20:44,640
That outreach. Thank you so much

2185
01:20:44,640 --> 01:20:47,520
for putting this program together.

2186
01:20:47,520 --> 01:20:50,514
That's it. Thank you, Heidi And

2187
01:20:50,514 --> 01:20:51,900
Thank you, Ben, Jason,

2188
01:20:51,900 --> 01:20:53,970
Jennifer and Jennifer for today's discussion.

2189
01:20:53,970 --> 01:20:56,064
All of this is great information

2190
01:20:56,064 --> 01:20:58,209
and if you have any questions

2191
01:20:58,209 --> 01:21:00,889
and you need to reach out to us,

2192
01:21:00,890 --> 01:21:02,966
you can reach us by email.

2193
01:21:02,970 --> 01:21:03,662
At www.uspto.gov.

2194
01:21:03,662 --> 01:21:05,738
You can send us your questions.

2195
01:21:05,740 --> 01:21:07,959
We will get those over to the

2196
01:21:07,959 --> 01:21:10,101
panelists and assist you with finding

2197
01:21:10,101 --> 01:21:11,966
the right information for you.

2198
01:21:11,970 --> 01:21:14,385
If you missed any of today's program,

2199
01:21:14,390 --> 01:21:16,484
we will be posting this program

2200
01:21:16,484 --> 01:21:18,650
online in the next few weeks.

2201
01:21:18,650 --> 01:21:20,492
But if you're ready to watch

2202
01:21:20,492 --> 01:21:22,163
the program again because you

2203
01:21:22,163 --> 01:21:23,707
wanted information right away,

2204
01:21:23,710 --> 01:21:26,048
you can log onto our Facebook page

2205
01:21:26,048 --> 01:21:28,138
for USPTO where the program video

2206
01:21:28,138 --> 01:21:30,518
is available and ready for you to

2207
01:21:30,592 --> 01:21:32,727
view directly after the program.

2208
01:21:32,730 --> 01:21:34,725
At this time I'd like to introduce

2209
01:21:34,725 --> 01:21:36,150
you to Nathanya Ferguson.

2210
01:21:36,150 --> 01:21:37,720
She's the Office of Innovation

2211
01:21:37,720 --> 01:21:39,570
Outreach manager here at USPTO,

2212
01:21:39,570 --> 01:21:41,747
and she'll be closing out today's program.

2213
01:21:41,750 --> 01:21:43,927
Nathanya, I'll turn it over to you.

2214
01:21:48,510 --> 01:21:50,540
I'm sorry I was muted.

2215
01:21:50,540 --> 01:21:52,535
Good afternoon everyone and thank

2216
01:21:52,535 --> 01:21:54,879
you Sean for the introduction and

2217
01:21:54,879 --> 01:21:56,832
I want to also thank our moderate

2218
01:21:56,832 --> 01:21:59,033
are an panelists for providing

2219
01:21:59,033 --> 01:22:01,137
that informative discussion about

2220
01:22:01,137 --> 01:22:03,126
government resources that are

2221
01:22:03,126 --> 01:22:04,750
available to support inventors,

2222
01:22:04,750 --> 01:22:06,370
entrepreneurs and small business

2223
01:22:06,370 --> 01:22:08,395
owners for today's wrap up,

2224
01:22:08,400 --> 01:22:11,018
we want to make sure you have

2225
01:22:11,018 --> 01:22:13,105
information to follow up on

2226
01:22:13,105 --> 01:22:15,310
resources that were discussed today.

2227
01:22:15,310 --> 01:22:16,519
First slide please.

2228
01:22:19,520 --> 01:22:22,159
So we recognize that is not cheap

2229
01:22:22,159 --> 01:22:24,839
to have an attorney prepare,

2230
01:22:24,840 --> 01:22:27,486
file and prosecute your patent application.

2231
01:22:27,490 --> 01:22:30,290
So we are always happy to share

2232
01:22:30,290 --> 01:22:32,507
information about two free legal

2233
01:22:32,507 --> 01:22:34,847
services provided by either a

2234
01:22:34,847 --> 01:22:37,239
patent partitioner or law student.

2235
01:22:37,240 --> 01:22:39,898
First, the patent pro Bono program,

2236
01:22:39,900 --> 01:22:42,558
which you heard Jennifer speak up

2237
01:22:42,558 --> 01:22:44,330
earlier during the discussion,

2238
01:22:44,330 --> 01:22:47,452
is designed to help inventors in small

2239
01:22:47,452 --> 01:22:49,590
businesses with limited resources.

2240
01:22:49,590 --> 01:22:50,772
That need help

2241
01:22:50,772 --> 01:22:53,136
Applying for a patent to protect

2242
01:22:53,136 --> 01:22:54,380
an invention,

2243
01:22:54,380 --> 01:22:57,005
you can visit the patent pro Bono

2244
01:22:57,005 --> 01:22:59,448
webpage at uspto.gov pro bono patents.

2245
01:22:59,450 --> 01:23:03,350
All one word, once you get to the web page,

2246
01:23:03,350 --> 01:23:05,636
you can learn about the criteria

2247
01:23:05,636 --> 01:23:08,009
to participate in this program and

2248
01:23:08,009 --> 01:23:10,337
you can also access videos that

2249
01:23:10,337 --> 01:23:12,709
will explain how the program works.

2250
01:23:12,710 --> 01:23:15,748
There is a video in English and

2251
01:23:15,748 --> 01:23:18,758
there's also a video in Spanish.

2252
01:23:18,760 --> 01:23:21,826
2nd, we have the law School

2253
01:23:21,826 --> 01:23:23,359
clinic certification program.

2254
01:23:23,360 --> 01:23:24,893
As Jennifer mentioned,

2255
01:23:24,893 --> 01:23:27,448
there's it's a nationwide program.

2256
01:23:27,450 --> 01:23:30,000
There 60 law schools participating.

2257
01:23:30,000 --> 01:23:32,555
This is another option for

2258
01:23:32,555 --> 01:23:34,088
pro bono assistance.

2259
01:23:34,090 --> 01:23:35,102
As mentioned,

2260
01:23:35,102 --> 01:23:37,632
students practice under the guidance

2261
01:23:37,632 --> 01:23:40,287
and supervision of approved faculty

2262
01:23:40,287 --> 01:23:43,455
that is experienced with filing and

2263
01:23:43,455 --> 01:23:45,840
prosecuting patents before the USPTO.

2264
01:23:45,840 --> 01:23:47,920
Please visit uspto.gov/law school clinic.

2265
01:23:47,920 --> 01:23:49,480
All one word.

2266
01:23:49,480 --> 01:23:52,740
To get more information next

2267
01:23:52,740 --> 01:23:55,348
side next slide please.

2268
01:23:55,350 --> 01:23:56,694
As we've heard,

2269
01:23:56,694 --> 01:23:58,934
the patent process is complex.

2270
01:23:58,940 --> 01:24:00,740
There's various laws, regulations,

2271
01:24:00,740 --> 01:24:02,090
policies and procedures,

2272
01:24:02,090 --> 01:24:04,350
and therefore we always recommend

2273
01:24:04,350 --> 01:24:06,610
using a registered patent patent

2274
01:24:06,683 --> 01:24:09,311
attorney or agent to assist you

2275
01:24:09,311 --> 01:24:11,063
with preparing your application.

2276
01:24:11,070 --> 01:24:11,492
However,

2277
01:24:11,492 --> 01:24:14,024
there is not a requirement for

2278
01:24:14,024 --> 01:24:17,134
you have an attorney if you decide

2279
01:24:17,134 --> 01:24:19,768
to file an application on your

2280
01:24:19,852 --> 01:24:21,840
own without an attorney,

2281
01:24:21,840 --> 01:24:25,268
you will be considered a pro, say applicant.

2282
01:24:25,268 --> 01:24:28,590
And the good news is we have a pro,

2283
01:24:28,590 --> 01:24:31,978
say assistant program here to help you.

2284
01:24:31,980 --> 01:24:34,530
The program will not provide legal

2285
01:24:34,530 --> 01:24:36,743
advice that the dedicated Pro se

2286
01:24:36,743 --> 01:24:38,938
assistant team will provide you

2287
01:24:38,938 --> 01:24:42,093
with information so that you can be

2288
01:24:42,093 --> 01:24:44,739
successful in filing your patent application.

2289
01:24:44,740 --> 01:24:46,940
Please check out the Pro se

2290
01:24:46,940 --> 01:24:49,580
 assistant webpage at uspto.gov Pro se

2291
01:24:49,580 --> 01:24:50,406
patents.

2292
01:24:50,406 --> 01:24:50,819
Again,

2293
01:24:50,819 --> 01:24:53,710
all one word to learn more about

2294
01:24:53,791 --> 01:24:55,300
this great program,

2295
01:24:55,300 --> 01:24:56,976
you can access educational

2296
01:24:56,976 --> 01:25:00,058
materials and even set up a one

2297
01:25:00,058 --> 01:25:03,004
on one appointment to answer your

2298
01:25:03,004 --> 01:25:03,986
specific questions.

2299
01:25:03,990 --> 01:25:06,380
About filing a patent application.

2300
01:25:06,380 --> 01:25:07,808
Next slide please.

2301
01:25:10,870 --> 01:25:13,271
So we also have free resources to

2302
01:25:13,271 --> 01:25:15,989
help you with protecting your brand.

2303
01:25:15,990 --> 01:25:17,945
The basic facts about trademarks

2304
01:25:17,945 --> 01:25:19,900
booklet contains a wealth of

2305
01:25:19,969 --> 01:25:21,829
information about trademarks.

2306
01:25:21,830 --> 01:25:23,760
Such as things you should

2307
01:25:23,760 --> 01:25:25,690
consider when selecting a mark.

2308
01:25:25,690 --> 01:25:28,006
Tips on searching on trademark searching,

2309
01:25:28,010 --> 01:25:30,698
and links to free resources to assist

2310
01:25:30,698 --> 01:25:33,209
you with your trademark search.

2311
01:25:33,210 --> 01:25:35,790
There is also these great USPTO

2312
01:25:35,790 --> 01:25:38,084
videos for trademarks and those

2313
01:25:38,084 --> 01:25:40,539
are found at uspto.gov/TMvideos.

2314
01:25:40,540 --> 01:25:42,372
You'll have an opportunity

2315
01:25:42,372 --> 01:25:45,120
to see more Jason in here.

2316
01:25:45,120 --> 01:25:47,694
His great voice if you check

2317
01:25:47,694 --> 01:25:50,160
out some of those videos,

2318
01:25:50,160 --> 01:25:52,455
there very educational and they'll

2319
01:25:52,455 --> 01:25:54,750
give you information about the

2320
01:25:54,825 --> 01:25:57,015
various stages of the trademark

2321
01:25:57,015 --> 01:25:59,205
process before you file during

2322
01:25:59,278 --> 01:26:01,608
an after filing your application.

2323
01:26:01,610 --> 01:26:02,978
Next slide, please.

2324
01:26:05,360 --> 01:26:08,360
So are great friends over and SBA an

2325
01:26:08,360 --> 01:26:10,437
these wonderful resources that they

2326
01:26:10,437 --> 01:26:12,939
have there are available to you.

2327
01:26:12,940 --> 01:26:15,411
We heard how SBA works with a

2328
01:26:15,411 --> 01:26:18,129
number of local partners to counsel,

2329
01:26:18,130 --> 01:26:20,120
mentor and train small business.

2330
01:26:20,120 --> 01:26:23,198
The first link you see here will take you

2331
01:26:23,198 --> 01:26:27,113
to a page where you can search for local

2332
01:26:27,113 --> 01:26:29,700
organizations that are available to you.

2333
01:26:29,700 --> 01:26:31,690
If you are interested in

2334
01:26:31,690 --> 01:26:33,282
American seed fund America,

2335
01:26:33,290 --> 01:26:35,370
See Fund SBA small business.

2336
01:26:35,370 --> 01:26:38,650
And innovation research is small

2337
01:26:38,650 --> 01:26:41,274
business technology transfer also

2338
01:26:41,274 --> 01:26:44,297
refer to as SBIR STTR programs.

2339
01:26:44,300 --> 01:26:46,491
The second link here will take you

2340
01:26:46,491 --> 01:26:49,388
to a page to search for organizations

2341
01:26:49,388 --> 01:26:51,738
that will provide training and

2342
01:26:51,738 --> 01:26:53,638
support for those programs.

2343
01:26:53,640 --> 01:26:55,815
For more information about the

2344
01:26:55,815 --> 01:26:57,990
unique and important data protection

2345
01:26:58,057 --> 01:27:00,067
accorded to SBIR STTR firms,

2346
01:27:00,070 --> 01:27:02,926
please check out the link in

2347
01:27:02,926 --> 01:27:04,354
the third bullet.

2348
01:27:04,360 --> 01:27:06,640
If you are interested in receiving

2349
01:27:06,640 --> 01:27:08,670
emails from SBA tailored to

2350
01:27:08,670 --> 01:27:11,298
your role in their research and

2351
01:27:11,298 --> 01:27:12,612
development innovation ecosystem,

2352
01:27:12,620 --> 01:27:16,644
please use the link in the last bullet.

2353
01:27:16,650 --> 01:27:17,958
On this slide,

2354
01:27:17,958 --> 01:27:21,010
to sign up for the monthly Americans

2355
01:27:21,100 --> 01:27:24,010
Seed Fund update after signing up,

2356
01:27:24,010 --> 01:27:26,770
SBA will see information about opportunities,

2357
01:27:26,770 --> 01:27:27,230
programs,

2358
01:27:27,230 --> 01:27:30,910
events or other items of interest to you.

2359
01:27:30,910 --> 01:27:32,290
Next slide, please.

2360
01:27:35,200 --> 01:27:36,625
The stopfakes.gov Rd shows

2361
01:27:36,625 --> 01:27:38,525
so they are amazing.

2362
01:27:38,530 --> 01:27:41,578
I'm hoping that you all will have an

2363
01:27:41,578 --> 01:27:43,886
opportunity to attend the all virtual

2364
01:27:43,886 --> 01:27:46,844
for the mean time and they deliver

2365
01:27:46,844 --> 01:27:49,568
critically important information about

2366
01:27:49,568 --> 01:27:52,292
intellectual property to inventors,

2367
01:27:52,300 --> 01:27:54,200
entrepreneurs and small businesses.

2368
01:27:54,200 --> 01:27:55,625
For more information.

2369
01:27:55,630 --> 01:27:58,948
They also have a marketing link here.

2370
01:27:58,950 --> 01:28:01,330
You just go to stopfakes.gov/roadshows.

2371
01:28:01,330 --> 01:28:04,186
I know that then also made

2372
01:28:04,186 --> 01:28:07,109
reference to the IPR two kits.

2373
01:28:07,110 --> 01:28:09,658
Which are also accessible

2374
01:28:09,658 --> 01:28:11,569
via the stopfakes.gov.

2375
01:28:11,570 --> 01:28:14,186
Website and those two kits provide

2376
01:28:14,186 --> 01:28:17,354
resources to help US businesses protect

2377
01:28:17,354 --> 01:28:20,699
and enforce intellectual primary rights.

2378
01:28:20,700 --> 01:28:23,100
Specific industries and countries.

2379
01:28:23,100 --> 01:28:25,500
Last but not least,

2380
01:28:25,500 --> 01:28:27,244
please visit the USPTO.

2381
01:28:27,244 --> 01:28:28,988
I mean I'm sorry,

2382
01:28:28,990 --> 01:28:31,276
stop fakes that Gov Main page

2383
01:28:31,276 --> 01:28:32,419
at stopfakes.gov/welcome to

2384
01:28:32,419 --> 01:28:34,220
access educational resources.

2385
01:28:34,220 --> 01:28:36,836
We heard from the panels is

2386
01:28:36,836 --> 01:28:38,580
important to educate yourself.

2387
01:28:38,580 --> 01:28:40,760
You can learn about counterfeits.

2388
01:28:40,760 --> 01:28:44,260
You can access the business guide for

2389
01:28:44,260 --> 01:28:46,733
intellectual property rights and even

2390
01:28:46,733 --> 01:28:49,855
check out some upcoming events and training.

2391
01:28:49,860 --> 01:28:52,814
Ben is also very happy to answer

2392
01:28:52,814 --> 01:28:56,730
any of your questions and he can be

2393
01:28:56,730 --> 01:28:59,855
reached at his email Benjamin Dot

2394
01:28:59,855 --> 01:29:03,215
Hardman at USPOUSPTO is all my mind.

2395
01:29:03,220 --> 01:29:04,174
You know,

2396
01:29:04,174 --> 01:29:06,559
I'm just a dedicated USPTO.

2397
01:29:06,560 --> 01:29:09,434
Employees say excuse me Ben Benjamin

2398
01:29:09,434 --> 01:29:12,280
Hardman at trade.gov next slide,

2399
01:29:12,280 --> 01:29:12,760
please.

2400
01:29:14,850 --> 01:29:18,162
I want to thank all of our virtual attendees

2401
01:29:18,162 --> 01:29:21,147
for spending your time with us today,

2402
01:29:21,150 --> 01:29:24,126
and I hope you will be joining us

2403
01:29:24,126 --> 01:29:27,059
for our next to WES programs.

2404
01:29:27,060 --> 01:29:29,818
Registration is now open for next week's

2405
01:29:29,818 --> 01:29:31,682
program on Wednesday, March 24th.

2406
01:29:31,682 --> 01:29:34,069
We are so excited about having subject

2407
01:29:34,069 --> 01:29:36,173
matter experts share valuable

2408
01:29:36,173 --> 01:29:37,873
information about securing funding

2409
01:29:37,873 --> 01:29:40,460
for your invention or small business.

2410
01:29:40,460 --> 01:29:43,204
On March 31st, we will conclude the Wes

2411
01:29:43,204 --> 01:29:46,060
series by hearing from successful women

2412
01:29:46,060 --> 01:29:50,224
entrepreneurs, for links to more

2413
01:29:50,224 --> 01:29:54,783
information about how to register for

2414
01:29:54,783 --> 01:29:58,472
upcoming WES programs, please visit

2415
01:29:58,472 --> 01:29:59,674
our events.page at uspto.gov/events.

2416
01:29:59,674 --> 01:30:03,770
While you are on our events page,

2417
01:30:03,770 --> 01:30:06,562
I encourage you to check out the many

2418
01:30:06,562 --> 01:30:09,520
other free virtual intellectual property,

2419
01:30:09,520 --> 01:30:11,730
educational and awareness programs that

2420
01:30:11,730 --> 01:30:13,498
are available.

2421
01:30:13,500 --> 01:30:16,594
You will be receiving a short survey

2422
01:30:16,594 --> 01:30:19,243
for today's program. Please complete it.

2423
01:30:19,243 --> 01:30:21,007
We value your feedback.

2424
01:30:21,010 --> 01:30:23,754
Your input is very important to us

2425
01:30:23,754 --> 01:30:26,524
as we create future future programs

2426
01:30:26,524 --> 01:30:28,528
to meet your needs.

2427
01:30:28,530 --> 01:30:31,230
Thanks again for attending today's program.

2428
01:30:31,230 --> 01:30:34,137
We look forward to you joining us next week.

2429
01:30:34,140 --> 01:30:34,760
Goodbye.