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By: Ashley Sloat
What you can do!
Please help our client, Starlight Cardiovascular, win a financial prize to further their development of devices for babies that are born with an extra connection in their heart and need lifesaving surgery.
Please like, share, and watch their one minute video until the end. See below and original link here. About Starlight Cardiovascular
Starlight Cardiovascular is focused on the essential mission of creating devices to treat babies born with congenital heart defects. Approximately 1.3 million babies are born each year with a CHD. Most of the tools used to treat these children were designed for adult conditions and anatomy, limiting their utility for pediatric patients. Starlight Cardiovascular is developing a portfolio of devices designed and tested specifically for pediatric CHD with the goals of improving morbidity, mortality, and access to care.
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By: Ashley Sloat
To Share or Not to Share...
You’ve had your stroke of genius. Your next inclination is to immediately do one of two things: 1) Yell it from the rooftops and share it with anyone who will listen or 2) keep it close to the vest, not tell anyone, and guard your idea like it’s the One Ring. Both instincts are usually wrong. At least in their absolute forms.
Knowing when to share your idea and when to shush is a vital distinction on the journey to innovative success.
The Opportunity Cost Problem
As we’ll discuss more, sharing too much and too soon can have detrimental effects on your ability to later protect your idea. But not sharing at all can come with tremendous opportunity cost. Sharing an idea provides valuable insights and traction, from feedback to refinements to people recruitment.
Reid Hoffman, founder of LinkedIn, venture capitalist, and renowned “Oracle of Silicon Valley” has said: When you have an idea, a classic entrepreneurial impulse is to hold the idea close to you and not tell people and that’s almost always a mistake … the truth is, your asset is that you were in motion on this idea and you should talk to everyone smart who can give you feedback to try to refine the idea, to try to build it. The Approaching Investors/Pitching Problem
AKA: Can I share my idea before filing a patent?
Keeping your idea a secret may also not be an option depending on your funding goals. As an inventor approaching potential investors, you’re going to want to protect your idea from being stolen. You might be inclined to think a nondisclosure agreement (NDA) is the answer. Many investors, however, are unwilling to sign confidentiality agreements, given their handcuff potential on future deals. Protect Your Idea with a Patent Before Sharing
So how do you strike the balance? How do you share enough to get the invaluable gift of feedback and give investors the details they need to evaluate deals, while protecting your idea from being stolen, but do so in a way that is economically practical pre-investment and pre-revenue? The simple answer is: file a provisional patent application before you publicly share, sell, or disclose any details. Provisional patents in particular are a cost-effective, low fidelity (you don’t have it all figured out yet) approach to protecting your idea, while securing the earliest possible filing date. Let’s explore why this matters.
First Inventor to File
The United States, similar to the rest of the world, is a first inventor to file system, which means...you need to file a patent on your technology before you publicly disclose it. If someone invents the idea after you but files with the patent office before you, that someone wins the patent and you lose.
What constitutes public disclosure?
Publicly disclosing your invention before you file a patent application can cause you to lose your patent filing rights. For example, in the U.S., the following activities could bar your idea from later patenting:
Are there exceptions to when I can share?
There is lots of gray area between patenting and sharing. For example, advertising a product not yet developed, pre-announcing a product that is not yet developed, or experimental use are all public events when your idea is not “patent ready” so such activities may not prevent you from later patenting your idea. Some jurisdictions, including the U.S. also offer grace periods, so if you accidentally shared too much before reading this, you may still be able to get a patent.
Shush => Patent => Share => Succeed
Share your idea – and do so with great gusto – but only after your patent application is filed. Patents have the long term added value of maximizing startup funding and growth, while protecting your valuable technologies as early as possible so you can go out and start safely getting that valuable feedback. You will learn great things about the technology and yourself when you share it.
Go Deeper
If you'd like to learn more about the topics discussed in this post, please check out the following. Or just drop us a line and we'd be happy to help!
The on-sale bar topic is SO important that we made it the main focus of our first podcast episode, where we take a deep dive into the trapdoor-esque implications of selling your innovation before filing.
By: Josh Sloat
Episode 5: Patent Searching
Sleuthing Your Way to Stronger Patents
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? So many big questions, with so much influence on business outcomes. The quest for the answers is far from elementary, but with the right detective, these aren't mysteries that have to remain unsolved until it's too late. In this month's episode, 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. Expert Panel Shelley is joined today by an exceptional group of IP experts including:
Topics In this episode, Shelley shares:
This presentation explores the types of prior art patent searches including:
Availability
Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
Topic and guest participant requests
If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.
Help with Patent Searching
If you'd like to learn more about our patent search, analysis, and competitor monitoring services, please drop us a line.
Resources
For the visual learners out there, we also like to make our presenter slides available for your reference. This particular deck includes great visuals for the guided invalidity search walkthrough.
We're also providing computer-generated transcripts for improved accessibility and additional reference opportunities.
By: Josh Sloat
Episode 4: Patent Prosecution Highway
Fast Tracking Your Application
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. Expert Panel Ashley is joined today by an exceptional group of IP experts including:
Breaking Down Expedited Options 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:
Availability
Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
Topic and guest participant requests
If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.
Resources
For the visual learners out there, we also like to make our presenter slides available for your reference. This particular deck includes great visuals for PPH participating countries and a breakdown of the actual form for participation in the Global IP5 Patent Prosecution Highway (PPH) Pilot Program.
Applications now open! 2022-23 Fellowship
The Stanford Byers Center for Biodesign is seeking innovators with backgrounds in healthcare, engineering, computer science, or business to apply for this hands-on, full-time program (August – June). As part of a multidisciplinary team, you’ll learn how to identify important unmet medical needs, invent technologies to address them, and bring those products into patient care. Applications for the 2022-23 Innovation Fellowship are now open through August 13, 2021.
Fast-track your health-tech career
The fellowship begins with an in-hospital immersion where fellows identify at least 200 needs. Teams:
Following interviews at Stanford University, 12 successful candidates will be awarded fellowships, including tuition and salary support. Stanford believes that personal and professional diversity inspires creativity in its teams and helps them innovate effectively for different patient populations. The Stanford Byers Center for Biodesign values the unique path of each applicant and encourages people of historically underrepresented groups to apply.
Announcement courtesy of MedtechWomen.
By: Josh Sloat
Digital Health Entrepreneurship Workshop
Please join us at the largest physician innovation event of 2021!
We are extremely excited and honored to be presenting alongside an incredible speaker lineup – delivering a digital health IP workshop at the InnovatorMD World Congress 2021, taking place both virtually and in the Bay Area. About the Workshop
Time & Location: Monday, August 2 | 9:30 AM - 11:00 AM PDT | Live Webinar via Zoom
Digital health technologies are pervasive in every aspect of life and will likely be the future of improving patient outcomes beyond the clinic. Using patents to provide a competitive advantage for companies in this space has never been more paramount, but also never more difficult. We’ll discuss the generalities of the US and international patent systems and the specifics around patenting digital health technologies, including artificial intelligence, wearables, and machine learning innovations. InnovatorMD World Congress 2021
The InnovatorMD World Congress event brings together physicians and health tech startups from across the globe for keynotes, panels, and workshops covering the current state and future of healthcare-related innovation.
Healthcare is going through rapid change. Physician Innovators and others are driving some of this through their innovations. This conference is a curation of the best ideas, experts, startups, and learning.
Time: Aug 02, 8:00 AM PDT – Aug 08, 12:00 PM PDT Locations:
About InnovatorMD
InnovatorMD's mission is to globally advance the work of physician innovators and entrepreneurs delivering solutions that revolutionize patient care. They are a group of physician innovators from various backgrounds with a single vision - to spread physician innovation to the rest of the world and to have a positive impact on patient outcomes and physician wellness while moving the healthcare industry forward.
By: Josh Sloat
Illustration: Declan Wrede
SPARK.ed Patenting Series
Aurora is partnering with Ann Arbor SPARK to deliver a three part SPARK.ed series. You've had questions around patenting and the SPARK team has been listening! We've put this series together to address the most common questions that arise from startups within the SPARK ecosystem. Our very own Ashley Sloat, Ph.D. will be the instructor for all three talks.
Check out Part 1 here: Patenting in the Early Years: A coming-of-age story Part 2: Decrypting Software Patents
Key Insights for IP Success
Software is eating the world. It’s central to so much of today’s innovation, but in terms of patenting, it’s socially controversial and legally unsettled. We’ll discuss the dynamics at the core of both and what you need to know about the options for protecting your software-based innovation. We’ll take an international look at how the "world" views AI/ML innovations and also hit on particulars for SaaS and open source software considerations. From an implementation perspective, we’ll look at managing code ownership when outsourcing and how iterative agile methodology can impact your patent strategy. Time and Location: Thursday, September 16, 2021 at 11:30am - 12:30pm | Free Online Event Patent Education for You!
To help reduce the IP barrier of entry for early stage founders and startups, we regularly make our talented staff available for speaking engagements at conferences, competitions, accelerators, and incubators. We also partner with groups like Ann Arbor SPARK, XLerateHealth, and InnovatorMD to host live webinars. Please reach out if you'd like to schedule a talk or workshop for your group, and see our Events page for a sampling of past and upcoming talks.
By: Josh Sloat
Episode Three: After Final Practice
Life After Final Rejection
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! Expert Panel David is joined today by an exceptional group of IP experts including:
Breaking Down Post-rejection Options 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:
Availability
Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
Topic and guest participant requests
If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.
By: Josh Sloat
Illustration: Declan Wrede
SPARK.ed Patenting Series
Aurora is partnering with Ann Arbor SPARK to deliver a three part SPARK.ed series. You've had questions around patenting and the SPARK team has been listening! We've put this series together to address the most common questions that arise from startups within the SPARK ecosystem. Our very own Ashley Sloat, Ph.D. will be the instructor for all three talks.
Part 1: Patenting in the Early Years
A Coming of Age Story
The first talk will provide answers to common questions and strategy recommendations for those early years between idea and granted patent. We begin with your idea, how you can talk about it, and what you can and can’t do with it to avoid potentially irreversible patentability issues. We’ll tackle the fundamentals of when your provisional should be filed, how to maximize your runway, and what investors are looking for in your first patent. Moving beyond your provisional filing, we’ll dive into what your startup should be focused on during the critical year of pendency before conversion to a full application. Time and Location: Thursday, June 17, 2021 at 11:30am - 12:30pm | Free Online Event Part 2: Decrypting Software Patents
Key Insights for IP Success
Software is eating the world. It’s central to so much of today’s innovation, but in terms of patenting, it’s socially controversial and legally unsettled. We’ll discuss the dynamics at the core of both and what you need to know about the options for protecting your software-based innovation. We’ll take an international look at how the "world" views AI/ML innovations and also hit on particulars for SaaS and open source software considerations. From an implementation perspective, we’ll look at managing code ownership when outsourcing and how iterative agile methodology can impact your patent strategy. Time and Location: Tuesday, September 14, 2021 at 11:30am - 12:30pm | Free Online Event Part 3: Prenuptial Patenting
Responsible Engagement with Engineering Firms
You have your big idea and now it’s time to breathe it into existence, but you need some help with the development. In this talk, we discuss everything you need to know before and during the course of engaging with an engineering firm. We’ll cover IP ownership, assignment from engineering firm inventors back to you, and how to avoid the traps of viral IP. Time and Location: Thursday, December 9, 2021 at 11:30am - 12:30pm | Free Online Event Registration details to follow.
About Ann Arbor SPARK: For more than 15 years, Ann Arbor SPARK has served the greater Ann Arbor region as a catalyst for economic development. They accomplish this by building awareness of the region as a destination for business and manufacturing development and growth. Their team of knowledge experts attracts, develops, strengthens, and invests in driving industries to help their communities prosper.
By:Josh Sloat
Episode Two: Google v. Oracle
The Future of Software and Fair Use
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. Availability
Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
Topic and guest participant requests
If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.
Resources
For the visual learners out there, we also like to make our presenter slides available for your reference. This particular deck includes great visuals for explaining the core technical concepts around API interface declaration vs. implementation, as well as inclusion of direct excerpts from the various court rulings.
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Ashley Sloat, Ph.D.Startups have a unique set of patent strategy needs - so let this blog be a resource to you as you embark on your patent strategy journey. Archives
August 2021
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