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  1. Advice for Crowdfunders from an Intellectual Property Attorney - AOTK214
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Radio Telescope Poster Choose Reviews. Product Features. Patent prints are fantastic conversation pieces home, office room, cave, workshop or wish to unique art. You this print variety of 8"x10" in a variety of colorful backgrounds. This was created U. It is then printed in the size you order archival paper see below with size option Prints are carefully flat or depending the image size they location safely. Welcome to another edition of Art of the Kickstart. Today I am joined with Vincent LoTempio.

Vincent, thank you so much for joining us.

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So, Vincent, you are an expert on intellectual property law, and you have a key focus on patent and trademark laws. Obviously this is super helpful to all of our entrepreneurs, our businesses, our start-ups, our creators, understanding copyright and all of these other things. I definitely want to give an opportunity for you to tell our audience a bit more about your background and how you got into patent and trademark law.

I started working for district attorney in [inaudible ] County and at about 35 years old I went back to school and got a degree in chemistry, because you need to have a science background to take the patent BAR. I wanted to change myself.

I basically did my own start-up, I recreated who I was. I went back to school, I got my degree in chemistry, and I started doing intellectual property law. He actually invented it in two hours. And traveling Western New York and so he was looking for a patent attorney right across the border and I connected up with him and I ended up on nationwide television. Especially with the Internet. Obviously the selfie stick was quite a big thing. Can you talk to us and get everybody on the same page in terms of an overview of what a patent is and what a trademark is and anything in between there.

The Coca Cola bottle is an example of every type of intellectual property. You could have gone to the neolithic patent office and got a patent on the bottle for the utility of it. And in your mind you just picture what those different bottles were. So the design is for the aesthetic look of it. And the bottle that holds the liquid is for the use of it, the utility.

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The trademark is a source indicator. But for this example you can think of books, cds, lyrics. Those are things you can get a copyright. A copyright essentially is just what it says.

Advice for Crowdfunders from an Intellectual Property Attorney - AOTK214

NO one has the right to copy this thing, you know, this book or this song, unless I give full permission if I own the copyright in it. And frankly, inside the Coca Cola bottle is a trade secret. So trade secret you keep it a secret. Just like it says. Trade secret is another thing. And another thing that just popped into my mind is trade dress. Back in Coca Cola registered a trade dress, the look of the Coca Cola bottle. So, for all the inventors and entrepreneurs that we work with or that listen to this show, give them the pitch on why they should file trademark or patent or copyright applications for their idea or invention.

The federal government, basically, has the right to rule on individuals in the states based on the commerce clause. But when somebody copies your book or your pamphlet and they sell one product, how do you define what your damages are. So you have to prove your damages. I have a checklist of all the benefits of registering and if anybody wants it they can go to my website at LoTempiolaw.

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Or even send me and email Vincent LoTempiolaw. But those are a couple of major reasons why you want to register a patent, strike that, a trademark or copyright. A patent gives you the right to stop other people from copying your thing. And that sounds a little funny. I use an example of a pencil. So say you are the first person to invent the pencil. You worked in a lumber yard and you took a small piece of lumber, you made a cylindrical bore hole through it and you put a piece of graphite in the middle, and you invented the pencil. And she gets the patent on the eraser, she found this little piece of rubber works very well for erasing pencil marks.

I buy your pencil and her erasers, but I always lose them. So nobody really can make that pencil with the eraser. So what do I do? Cross places. You can start thinking one end and all of a sudden someone is copying your intellectual property. There was a thing I saw on 60 Minutes, they cover a [inaudible ] Massachusetts, I wish I could remember his name off the top of my head. But he was the first person to invent those sweatshirts, the little fluffy sweatshirts, like Gore Tex or something. Everybody raved about them when they first came out.

And thousands of people in the entire city lost their jobs. Obviously for some of these startups that are listening 10, is a hefty expense. What are your thoughts there? But honesty rules. And they went to trial and the jury came back, and the jury found that there was actual infringement.

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But they also found that the person offered his idea for sale more than a year before he filed his patent application and they knocked his application completely out. The other part is the rules are now different than they were just a few years ago. It used to be the first inventor gets the patent.

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The rule is that the first inventor to file the application wins the race to the patent office. If you wait, you could lose your patent rights. We ran the Bunch o Balloons crowdfunding campaign years and years ago. Got massive success. About a million dollars on the campaign. And then an infringer came along, Telebrands came off and basically knocked off his patent, his product and everything and rushed to the market with all their knockoffs.

Now Josh basically had to fight to the tune of 17 million in terms of what his patent has cost to fight it. What are your thoughts there for these crowdfunding campaigns that see great success and some of these other companies just go and knock them off? What can they do to potentially protect themselves? One of the things early on in the process is a simple thing, is provisional patent application. So the idea is that you can file a patent application and preserve the filing date and the [inaudible ] filing non provisional. The actual government fee is a lot lower.


That gives you a hear and see appeal. I think no matter what it turns out to be a couple years ago it was a big thing to [inaudible ] to start up these yogurt stands. So what would you say are some of the problems that inventors that you work with commonly face when dealing with intellectual property law? The first thing is identifying what it is to see why at times even my corporate clients we meet with a committee.

We call it the IP committee, with the vice president and the research and development guy and maybe a marketer.

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Is it patentable subject matter? Is it … should we register a trademark? What are different ways we should register the trademark? Should we just do the name alone? Should we do the logo? Do we have our own Nike Swoosh that we want to protect? I think the first step is identifying. What do we have? But what are the things that Steve Jobs did when he first started Apple? So what did they do?

They used the copyrights. The algorithm of the actual software is its own language in itself. And you can protect that with copyright. It just protects the copy of that exact code. So same thing with trademark.