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We’re slipping our headsets on and heading back into the Metaverse! Earlier this year, we began our foray into this world with a deep dive into the building blocks that could very well form the structural and economic underpinnings of the Metaverse by exploring the tech concepts and IP implications surrounding Web 3.0, blockchain, cryptocurrency, and NFTs. Today we build on this, by expanding our conversation into the most likely interfaces for the Metaverse, as well as how patentability and infringement could play out as we meld innovations between the physical and digital realms. In this month’s episode, Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, exploring questions including:⦿ What is the Metaverse?⦿ How do virtual and augmented realities fit in?⦿ And what does infringement look like in the Metaverse or what might it look like in the future?Along the way, the group also shares some great tips for drafting claims around the virtual world to get around physical world prior art, as well as some pointers for avoiding divided infringement for processes that are performed in a distributed manner – as will almost always be the case with Metaverse-based innovations. Kristen worked on VR and AR patents for nearly a decade, including those held by some of the Valley giants looking to define the space. We honestly couldn’t think of a better person to lead this conversation. Kristen is also joined today by our always exceptional group of IP experts including:⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora ⦿ David Jackrel, President of Jackrel Consulting⦿ Ty Davis, Patent Strategy Associate​⦿ Dr. Sophia Li, Patent Strategy FellowBefore joining the group, as we often do, we’d like to provide a short primer on some key concepts in this episode for those newer to the world of patenting. This primer covers:⦿ Method vs. Apparatus Claims⦿ Doctrine of Equivalents** Resources **⦿ Show Notes: https://www.aurorapatents.com/blog/into-the-patentverse-vol-2-ar-vr-and-virtual-infringement⦿ Slides: https://www.aurorapatents.com/uploads/9/8/1/1/98119826/2022_psm_metaverse_ii.pdf** Follow Aurora Consulting **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
Word choice matters a great deal in the world of patenting. You’re using the English language to draw a picture around highly technical concepts. The precision with which this is done, down to the semantic level, can make all of the difference when it comes to your patent application being rejected or granted – and the future likelihood of your ability to assert your rights or defend against invalidation. Word choice too narrow or overly specific – and you can easily be designed around by competitors. Word choice too broad and only describing what something is vs. what it does and you risk rejection or invalidation for what will be ruled as linguistic tricks to get more coverage than what you actually invented. The tension is real and the case law interpretation is fluid, but it all still comes down to determining if the chosen words will enable a person of ordinary skill in the art to carry out an invention – in the interest of other inventors being able to build on the idea, while also avoiding trespassing with infringement.One very particular place this tension between breadth of coverage and specificity in enablement arises is with the concept of means-plus-function claim language. In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads a discussion, along with our all star patent panel, into the nuanced world of means-plus-function claiming. The group digs into the statute, explores relevant case law in an analysis of the kinds of word choices that have and haven’t caused problems for inventors, and also provides some great drafting tips for de-risking the use of means-plus-function claim language.Ashley is joined today by our always exceptional group of IP experts including:⦿ Kristen Hansen, Patent Strategist at Aurora⦿ Dr. David Jackrel, President of Jackrel Consulting⦿ David Cohen, Principal at Cohen Sciences⦿ Shelley Couturier, Patent Strategist and Search SpecialistBefore jumping into the deep with the panel, we also provide a quick primer on key concepts including specification vs claims, Section 112 enablement, functional claim language, and nonce words.** Resources **⦿ Show Notes⦿ Slides** Follow Aurora Consulting **⦿ Home⦿ Twitter⦿ LinkedIn⦿ Facebook⦿ InstagramAnd as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice. 
In today’s episode, we’re discussing a recent court decision that judges have said could threaten "most every invention for which a patent has ever been granted", turning the patent system into a "litigation gamble."Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into American Axle’s recent bid to have the Supreme Court overturn a lower court decision that invalidated the company’s patent in a closely followed legal battle with rival Neapco Holdings. This case offered a much anticipated opportunity to more broadly clarify patent eligibility in a time where many believe that court precedent has undermined the U.S. patent process and, in the words of retired U.S. Court of Appeals Chief Judge Paul Michel, “confused and distorted the law of eligibility”, making it an “illogical, unpredictable, chaotic” mess. Critics of these rulings and the resulting present state of IP law claim that the confusion and inconsistency has led to courts canceling many patents that should be protected. The Solicitor General has stated that problems arising from the application of Section 101 have “made it difficult for inventors, businesses, and other patent stakeholders to reliably and predictably determine what subject matter is patent eligible”.Despite cries for help and urges to provide clarification from multiple presidential administrations, the Solicitor General, members of Congress, the Federal Circuit Court, IP bar associations, and the Patent Office, the Supreme Court refused to hear this case, leaving many inventors and industries in limbo since as a USPTO spokesperson said after the ruling, innovation "cannot thrive in uncertainty." David and our all star patent panel discuss the case law, its implications, how present statute is being conflated and taking section 101 well beyond its gatekeeping function, and in their analysis of the American Axle patent, provide some great tips that may have changed American Axle’s present fate – and can hopefully improve your odds of success if approached intentionally at the drafting stage.  David is joined today by our always exceptional group of IP experts including:⦿ Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora⦿ Kristen Hansen, Patent Strategist at Aurora ⦿ David Cohen, Principal at Cohen Sciences⦿ Arman Khosraviani, Patent Agent and Former U.S. Patent Examiner⦿ Ty Davis, Patent Strategy Associate and​⦿ Dr. Sophia Hsin-Jung Li, Patent Strategy Fellow** Resources **⦿ Show Notes⦿ Slides** Follow Aurora Consulting **⦿ Home⦿ Twitter⦿ LinkedIn⦿ Facebook⦿ InstagramAnd as always, thanks for listening! Correction Update: This recording refers to Chief Judge Moore as "he". This is not the correct pronoun for Justice Moore. Our host did look into this pre-recording, but unfortunately misspoke in real time. Apologies to Chief Judge Moore.---Note: The contents of this podcast do not constitute legal advice. 
You have your big idea and now it’s time to breathe it into existence, but you need some help with the development. Like many others, you may turn to the aid of an engineering firm or dev shop. This relationship is a marriage of sorts. But it’s a marriage that is designed to inevitably end in divorce! How cleanly, smoothly, and successfully this separation goes depends on the steps that you take before it officially begins. Both parties come to the relationship with existing assets – IP, software, prototypes, ideas, documentation, etc. More will be created collaboratively throughout the course of the relationship. But how do you ensure you exclusively get back out what you came with and also get what you contributed and uniquely paid for? In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads a discussion into Responsible Engagement with Engineering Firms, or what we affectionately refer to here as “Prenuptial Patenting”. Ashley and our all star patent panel walk you down the aisle and explore everything you need to know to experience marital bliss and an amicable divorce with your engineering partners. This talk covers the full life cycle from vetting partners to post development concerns and everything in between – with particular focus on relationship complexities like IP ownership, assignment from engineering firm inventors back to you, and how to avoid the traps of viral IP.Ashley is also joined today by our always exceptional group of IP experts including:⦿ Kristen Hansen, Patent Strategist at Aurora⦿ David Jackrel, President of Jackrel Consulting ** Resources **⦿ Show Notes⦿ Slides** Follow Aurora Consulting **⦿ Home⦿ Twitter⦿ LinkedIn⦿ Facebook⦿ InstagramAnd as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
The life sciences are currently facing at least two major plagues in our patent world. The first is that many life science innovations have been deemed ineligible in terms of patentable subject matter. In other words, the courts and the patent office believe that the patent laws are not meant to protect these innovations. The second plague is that the courts believe that many life sciences patents are not enabled. In other words, they are not described in sufficient detail to enable one of skill in the art to make and use the invention.These subject matter eligibility and enablement plagues manifest in dreaded Section 101 and 112 rejections. In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads a discussion, along with our all star patent panel, delving deeply into these rejections and, in the interest of avoiding a podcast 101 rejection, provides some very practical application tips that will help to fortify your life science patent applications. Ashley is also joined today by our always exceptional group of IP experts including:⦿ Kristen Hansen, Patent Strategist at Aurora⦿ Daniel Wright, Patent Strategist⦿ David Jackrel, President of Jackrel Consulting ⦿ Shelley Couturier, Patent Strategist and Search Specialist⦿ David Cohen, Principal at Cohen Sciences⦿ Amy Fiene,  Patent attorney at Vancott and adjunct professor at BYU⦿ Steve Stupp, Partner at Stupp Associates, LLC. ** Resources **⦿ Show Notes⦿ Slides⦿ The Death of the Genus Claim ⦿ Final office action rejection frequency for life science patents ⦿ Examiner statistics (not an endorsement)** Follow Aurora Consulting **⦿ Home⦿ Twitter⦿ LinkedIn⦿ Facebook⦿ InstagramAnd as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
“Metaverse” is the buzziest of the buzzwords in tech today and will soon be joining the ranks of “AI” and “ML” as requisite keywords in the next generation of pitch decks and patent applications. But what are the core components of the Metaverse? And what are their implications in the world of intellectual property? The Patently Strategic Podcast will be exploring this topic over the course of several upcoming episodes. We begin our exploration with Web 3.0. While it may prove to be the next great tech revolution, the broad shape and definition of the Metaverse itself is still more firmly baked in science fiction than in commercial tech reality. Many of its core building blocks, however, are likely right in front of our eyes (or headsets, perhaps). History shows that most major technology revolutions are rarely leaps, but instead evolutionary products of incremental steps, composed of many existing building blocks, met with market readiness. The Web 3.0 innovations of blockchain, cryptocurrency, and NFTs that are taking shape in front of us will no doubt be among these essential building blocks. This third phase of the internet also poses some of the most interesting questions for the world of IP. What will the impact be on digital property rights in a secure marketplace, governed by smart contracts? How will copyrights play in digital worlds with their own art and governance? Is there merit in considering a new type of protection category outside of patents and copyrights?  In our very first IPWatchdog episode, Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, digging into:⦿ The fundamentals of blockchain, cryptocurrencies, and NFTs – and why the hype⦿ The state of the technology⦿ Questions around what web evolution, blockchain, and NFT technology means for IP ownership⦿ And strategies for protecting blockchain and cryptocurrency innovationsKristen is also joined today by our always exceptional group of IP experts including:⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora ⦿ David Jackrel, President of Jackrel Consulting ⦿ Shelley Couturier, Patent Strategist and Search Specialist⦿ Daniel Wright, Patent Strategist** Resources **⦿ Show Notes: https://www.aurorapatents.com/blog/new-podcast-into-the-patentverse-vol-1⦿ Apply to come work with us: https://www.aurorapatents.com/careers.html** Follow Aurora Consulting **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
In this month's episode, our experts help to demystify the concept of Common Ownership and how it can be leveraged to disqualify prior art that might otherwise cause a rejection during prosecution.  Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora leads this discussion along with our all star patent panel, digging into Common Ownership exceptions, joint research exceptions, and terminal disclaimer practice. And if this all sounds like a foreign language or if you’re wondering why you might care, we include a primer that will help you quickly get up-to-speed on key concepts like inventorship, ownership, assignments, prior art, and terminal disclaimers. One of the recurring themes of this podcast is helping inventors avoid sharp corners and we’ve found that these concepts in particular trip up a lot of newer inventors and the resulting problems that come from misunderstandings around these core concepts can be difficult to untangle.Ashley is joined today by our always exceptional group of IP experts including:⦿ David Cohen, Principal at Cohen Sciences⦿ Shelley Couturier, Patent Strategist and Search Specialist at Aurora⦿ Amy Fiene, Patent attorney at Vancott and adjunct professor at BYU⦿ David Jackrel, President of Jackrel Consulting ** Resources **⦿ Show Notes: https://www.aurorapatents.com/blog/new-podcast-common-ownership** Follow Aurora Consulting **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
In this month’s special episode, we’re sharing a great sit down with three very innovative, up-and-coming inventors – as we also launch the next installment of our RISE award.  We are joined today by:⦿ Keith Phillips, CEO & Founder of realLINGUA⦿ Theresa Smith, CTO of the Ola Filter Corporation⦿ Brendan Wang, Founder of CAPNOSThese inventors share their stories and provide invaluable tips and advice, much learned the hard way. Along the way, we explore:⦿ Challenges in bootstrapping – especially as companies coming up through the pandemic⦿ The importance of patenting and how the RISE award helped solve critical challenges⦿ Advice for inventors new to patenting⦿ The  importance of feedback** Learn more and apply for the RISE award **  The RISE award offers a free provisional U.S. patent application or $5,000 towards a non-provisional U.S. patent application to a selected applicant. https://www.aurorapatents.com/rise-up-with-aurora.html** Learn more about our featured inventors **  ⦿ Keith Phillips and realLINGUA: https://reallingua.com⦿ Theresa Smith and the Ola Filter: https://www.olafilter.com⦿ Brendan Wang and The CAPNOS Zero®: https://mycapnos.com** Resources **⦿ Show Notes: https://www.aurorapatents.com/blog/new-podcast-inventor-stories-vol-1** Follow Aurora Consulting **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
We're officially kicking off our second season and in this month's episode, our experts tackle software patents. As Silicon Valley engineer and investor Marc Andreessen famously said, “Software is eating the world”. It is central to so much of today’s innovation and the growth potential is off the charts. Five companies, all with software at their core, are worth a quarter of the S&P’s entire market cap. The AI powered market will grow to $180 billion by 2025. By the end of this year, the Global Edge Computing market will reach $6.72 billion and the global AR and VR market will exceed $209 billion. By 2030, there will be 50 billion IoT devices in use worldwide. That’s 6 devices each for every man, woman and child on this planet – and all of them are powered by software. The stakes are high, the value is soaring, and the importance of quality software patenting has never been more strategically vital. In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora leads a discussion along with our all star patent panel, digging into:The social and legal issues surrounding software patentsStrategies for how to protect software innovationsA great overview of IP implementation concerns and strategies as they pertain to outsourcing, code ownership, agile methodologies, and open source useAn inside look at how Google manages its IPThe group also concludes with an insightful brainstorming session around two problems that plague this space. The first is around a new patent type that would help overcome many of the current prosecution and court problems faced by software patents. The second, pulling from adjacent IP law, is a mechanism for small inventors to receive compensation for using their patents, similar to how music copyright royalties are handled.Ashley is joined today by our always exceptional group of IP experts including:David Cohen, Principal at Cohen SciencesShelley Couturier, Patent Strategist and Search Specialist at AuroraAmy Fiene, Patent attorney at Vancott and adjunct professor at BYUKristen Hansen, Patent Strategist at AuroraDavid Jackrel, President of Jackrel Consulting Daniel Wright, Partnership Manager and Patent Strategist at Aurora** Resources *** Show Notes: https://www.aurorapatents.com/blog/new-podcast-software-patents** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
What’s actually in a patent? What can you learn from reading one? Where do you even find them? For answers to these critical questions and more, I sat down with Patently Strategic regulars – David Cohen, Principal at Cohen Sciences and Ashley Sloat, President and Director of Patent Strategy here at Aurora. In our discussion, we break down the key anatomy, cut through the terminology, and provide tips on how you can use this information for your competitive advantage. Patenting can be such an essential part of early startup years, but it’s a very complex domain, with loads of special vocabulary, and all of that can make it seem less accessible than it was really designed to be. In putting the questions together for the Q&A with Ashley and David, I quickly realized that, had I had the answers and this context much sooner in my own journey into this world, a lot of things would have made a lot more sense much earlier. This is a guided tour, intended to reduce this barrier of entry, unlock for you one of the greatest libraries in the world, and help set you up with clear eyes going into your own patent journey. The tour is done through the anatomical lens of the most intrinsic and tangible piece of the process – the patent application. It’s through the study of a patent's structure and parts, that you’ll quickly begin to see more clearly how the broader world of patenting works!** Resources *** Show Notes: https://www.aurorapatents.com/blog/new-podcast-patent-anatomy* USPTO: https://www.uspto.gov* Public PAIR: https://portal.uspto.gov/pair/PublicPair* Google Patents: https://patents.google.com** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
In the US especially, patents are granted to inventors. More often than not, that’s more than one person and the ideas themselves are fluid concepts that often evolve through many handoffs from initial conception through implementation and sometimes even throughout patent prosecution, but how do we determine who all should – and is legally required to be – officially named as an inventor? In the constitutionally expressed interest of protecting inventors and the conception of their ideas, failure to include the right people can be a death sentence for a patent and grounds for invalidity.In this episode, Daniel Wright, Partnership Manager and Patent Strategist here​​ at Aurora, will lead a deep dive into the origins of inventorship, break down who is and isn’t eligible for inclusion as an inventor, and explain how improper inventorship could result in revoked patent rights.Daniel is joined today by: * David Jackrel, President of Jackrel Consulting  * David Cohen, Principal at Cohen Sciences. ***** Resources *** Show notes: https://www.aurorapatents.com/blog/new-podcast-inventorship** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
Listen in as we discuss the impact of the AIA and the PTAB with inventors gathered as part of the "Decade of Stolen Dreams" rallies, happening in front of regional USPTO offices all across the country, marking the 10 year anniversary of the passage of the America Invents Act – an event described by advocacy groups as the worst event in U.S. patent history.The inventors and entrepreneurs at the rally we attended, all from diverse backgrounds with very different stories, have one thing in common and that is their shared belief that the AIA and the PTAB – with its eye-popping 84% invalidation rate – have crippled innovators and created a Decade of Stolen Dreams, ruining the lives of countless inventors and shutting down numerous start-ups, in favor of Big Tech and multinational corporations.In this episode, we break down the AIA and PTAB through a wide array of personal perspectives from inventors, patent practitioners, and even a former USPTO patent examiner. We explore its origins, core problems, and proposed solutions. We also provide some very practical tips that inventors should consider now to help future-proof their patents, should they ever find themselves on the receiving end of an IPR.Inventors are not only the real engine of our economy, but they’re also the reason we do what we do here at Aurora. This is a complex issue, with high stakes, involving the people who matter most to our business and what the world will look like for our kids, so we can’t think of a better use of a podcast episode than to lend a voice and hopefully shine a light on the key issues and some potential solutions. I am joined today by an exceptional group of industry experts, founders, and inventors including:* Ashley Sloat: President & Director of Patent Strategy at Aurora Consulting* Dan Brown: Professor at Northwestern, owner of 40 utility patents, elected to the National Academy of Inventors, and serves as the inventor rep on the Patent Public Advisory Committee.* Bob Schmidt: Founder, Chairman and CEO of 5 companies including Great Lakes NeuroTechnologies and Cleveland Medical Devices, Co-Chair of the Small Business Technology Council, and has 40 patents to his name* Louis Carbonneau: Founder & CEO of Tangible IP, one of the largest patent brokers in the world* Kip Azzoni Doyle: Inventor of the CardShark WalletSkin and the author of the upcoming book, “Blood in the Water, America’s Assault on Innovation”* Tariq Najee-ullah: 10 year patent examiner, former NASA engineer, and current Principal at Patent Insider***Learn more: https://www.aurorapatents.com/blog/new-podcast-american-inventor-horror-story** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Attributions:Music: They Come At
In this episode, we take a deep dive into the war games filled world of patent buying and selling. We are joined today by special guest host, Louis Carbonneau, Founder & CEO of Tangible IP. Mr. Carbonneau is a recognized expert in intellectual property with close to 30 years of professional US, Canadian, and international experience in all facets of intellectual property law and business. His firm is the largest brokerage firm in the world and has transacted over 4,500 patents in the past decade.When we sat down with Louis, we hoped to be able to provide our listeners with a 101 style talk on the ins and outs of patent monetization. What we got was so much more and so very consistent with our mission of helping our audience see around corners and help their future selves. Louis begins with some excellent historical perspective and an overview of the state of the market, but really drives it all home with a plethora of forward-thinking strategies that make for more robust, defendable, assertable patents. Patents are a long game. The little things you do now can have tremendous impact over the next 15 or more years of your business journey and it’s vital that inventors and practitioners start keeping these strategies in mind, if they have any hope of crafting battle ready, commercial-grade patents. Louis is joined today by our always exceptional group of IP experts including:* Ashley Sloat – President & Director of Patent Strategy at Aurora Consulting* Shelley Couturier – Patent Strategist and Search Specialist here at Aurora* David Jackrel – President of Jackrel Consulting* David Cohen – Principal at Cohen Sciences * Amy Fiene – Patent attorney at Vancott and adjunct professor at BYU* Neil Thompson – Patent agent at Torrey Pines Law Group***** Resources *** Show notes: https://www.aurorapatents.com/blog/new-podcast-patent-monetization** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
You have an idea and you’d like to protect it. But can you? Is it novel? Non-obvious? Would you eventually be able to license or enforce your patent down the road? Who else is competing in this area and where’s the whitespace? If you get the patent, can you freely produce and sell the idea, without the costly risk of infringement litigation?These questions and the quest for their answers unfold like a detective mystery. The sheer magnitude of source material to sift through is overwhelming. 172 countries with patent systems, over 11 million active patents across the globe, millions more published, but not granted, topped off with endless volumes of non-patent literature. A multitude of keywords, synonyms, and domain specific languages. Countless databases. A cacophony of clues, mixed with an abundance of superficially convincing evidence that could ultimately prove irrelevant. An overly litigious villain competitor lurking around the corner. And the greater powers of observation and the superior mind of a detective to cut through it all and make plain the answers to our untrained eyes! Shelley Couturier, Patent Strategist, Search Specialist, and Chief Sleuth here at Aurora, leads a discussion along with our all star patent panel into the low cost, high return world of patent searching. The domain is complex, but the efforts have one of the highest possible ROIs of anything you can do, especially in the early stages of your patent journey. With some practical guidance and a little help, ​​patent searching will save you significant time, money, and effort in the long run, all while yielding a much stronger patent overall. I assure you, listening in will be a gift to future self. Shelley is joined today by an exceptional group of IP experts including:* Ashley Sloat – President & Director of Patent Strategy at Aurora Consulting* David Cohen – Principal at Cohen Sciences * Amy Fiene – Patent attorney at Vancott and adjunct professor at BYUOh – and back by popular demand, the group kicks off with another gripping ice breaker, which turns into an instant classic. ***** Resources *** Show notes: https://www.aurorapatents.com/blog/new-podcast-patent-searching* Slides: https://www.slideshare.net/JoshSloat1/patent-searching-sleuthing-your-way-to-stronger-patents** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Music: Signs To Nowhere by Shane Ivers - https://www.silvermansound.com
Getting a patent is no quick process. In the time between filing and issuance, your application will go through several stages, often from multiple patent offices and with months or years between stages. The total process can take two to five years and sometimes longer. But who has time for that? Sometimes you need a patent, and you need it fast. Luckily, there are some options for fast tracking your application. In today’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads a discussion along with our all star patent panel, exploring one of these options – the Patent Prosecution Highway (PPH) and how it can significantly speed up prosecution between international jurisdictions with similar policies. Ashley is joined today by an exceptional group of IP experts including:* Steve Stupp, Partner at Stupp Associates, LLC. * David Jackrel, President of Jackrel Consulting * Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting* Dominic Filice, Patent Expert at Parola Analytics, Inc.As was the case with the last episode, our discussion panel really jumps right into the thick of the material and in retrospect we thought it might be helpful for the not yet IP experts out there to set the table a bit. I sat down again with Ashley for a brief conversation to help set the stage for what the patent prosecution highway is, how it fits into the patenting process, and when it might make sense for you. We discussed:* Real numbers on how long it takes to get a patent under normal circumstances without an expedited path. * Options for skipping in line and fast tracking your application when you need to move more quickly (U.S. and International options).* Benefits, risks, costs, and relative time implications for PPH, Track One Prioritized Examination, and Accelerated Examination.***** Resources *** Show Notes: https://www.aurorapatents.com/blog/new-podcast-patent-prosecution-highway* Slides: https://www.slideshare.net/JoshSloat1/patent-prosecution-highway-fast-tracking-your-application** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.
Your application just received a final rejection notice from the patent office. Now what? How final is final? The office owes you nothing at this point and without further action, your patent is dead. Good news, though – all may not be lost! Options for resuscitation are limited, but the patient isn’t yet a goner.  David Jackrel, President of Jackrel Consulting, leads a discussion along with our all star patent panel, digging into the specifics of After Final Practice (AFCP 2.0). After Final Practice is one of the three primary options for getting a rejected patent application on life support and breathing again. Among the three, it has the unique combination of being lesser known, but also requiring the least effort and expense, making it a wonderful target for a strategy discussion. The insider tips on best practices for working with examiners during this process are worth the listen, alone! David is joined today by an exceptional group of IP experts including:* Ashley Sloat, President and Director of Patent Strategy at Aurora Consulting* Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting* Steve Stupp, Partner at Stupp Associates, LLC* Dominic Filice, Patent Expert at Parola Analytics, Inc.For this episode,  we break form a bit by front-loading a brief chat with Ashley to help set the stage with some extra up-front context that we hope can be helpful for our broader audience. We discuss the following:* What is a final rejection?* Is it common to get one or more rejections from patent offices during prosecution of an application?* How does AFCP compare with the other post-rejection practices of 1) appealing to the Patent Trial and Appeal Board (PTAB) and 2) submitting a Request for Continued Examination (RCE) ? When does AFCP make the most sense vs. the other two?* What is the likelihood of getting a post-rejection allowance using one of three options?***** Resources *** Show Notes: https://www.aurorapatents.com/blog/new-podcast-after-final-practice** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Attributions:heartmonitor-EKG.wav by FreqMan via freesound.org, under CC BY 3.0 license. 
​Listen in as our expert panel breaks down Google v Oracle and what it means for the future of software development and fair use. This legal contest has been heralded as the “World Series of IP cases” and the “copyright case of the decade”.It’s a landmark case, 11 years in the making, between two industry heavyweights – Google, the undisputed king of search and mobile operating system market share, accused of both patent and copyright infringement against Oracle, the owner of the ubiquitous Java API.​At stake is a winner take or keep-all purse of $9 billion in damages and a Supreme Court ruling that will dictate the future of software interface copyright law. Ashley Sloat, President & Director of Patent Strategy here​​ at Aurora, serves as your guide, cutting through 11 years of case law, 3 trials, 2 appeals, and endless technology metaphors, all in an illuminating IP conversation that runs the gamut from patent infringement to copyright violation and ultimately settles on a matter of fair use doctrine. Ashley is joined today by an exceptional group of IP and tech domain experts including:* Steve Stupp, Partner at Stupp Associates, LLC* David Jackrel, President of Jackrel Consulting * David Cohen, Principal at Cohen Sciences * Katrin Kareht, Sr. Director of Intellectual Property at Perfect Day* Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting* Shelley Couturier, Patent Strategist and Search Specialist at Aurora  Consulting* Dominic Filice, Patent Expert at Parola Analytics, Inc.* Josh Sloat, Executive Technology Advisor at Aurora  Consulting** Resources *** Slides: https://www.slideshare.net/JoshSloat1/google-v-oracle-the-future-of-software-and-fair-use* Show notes: https://www.aurorapatents.com/blog/new-podcast-google-v-oracle* Supreme Court Opinion: https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf***** Follow Aurora Consulting *** Home: https://www.aurorapatents.com/* Twitter: https://twitter.com/AuroraPatents* LinkedIn: https://www.linkedin.com/company/aurora-cg/* Facebook: https://www.facebook.com/aurorapatents/ * Instagram: https://www.instagram.com/aurorapatents/ And as always, thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Attributions:Fight Arena 2 by SyntaxSeed via 
In this inaugural episode, Dr. Ashley Sloat, President & Director of Patent Strategy​ at Aurora Consulting leads a deep dive into the on-sale bar and the trapdoor-esque implications of selling your innovation before filing. Spoiler alert: there are some very sneaky triggers – many types of activities that you might not traditionally think of as sales transactions that can trigger the bar and really jeopardize patentability.Ashley is joined in this episode by an expert panel with over 56 years combined patenting experience:David Jackrel, President of Jackrel Consulting David Cohen, Principal at Cohen Sciences Katrin Kareht, Sr. Director of Intellectual Property at Perfect DayDaniel Wright, Partnership Manager and Patent Strategist at Aurora ConsultingGo deeper:Show notesSlides
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