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Protecting IP: Patents and Trade Secrets. Chipotle inc!. Chipotle Inc!. Tyler Fetters – CEO Afton Winner – CIO Apolo Aguirre– CFO Kyung Shim - CTO. Noxid Recreation Center. Larger recreation center Employing over 200 employee. - PowerPoint PPT Presentation
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Chipotle inc!
Protecting IP: Patents and Trade Secrets
Chipotle Inc!Tyler Fetters – CEO
Afton Winner – CIO
Apolo Aguirre– CFO
Kyung Shim - CTO
Noxid Recreation Center
Larger recreation center
Employing over 200 employee.
Have a few weight rooms, several basketball and racquetball courts, an indoor track, Olympic size pool and diving well, as well as an indoor climbing wall.
Problem DescriptionOne of the Noxid employees has created a
new machinePatenting and patent enforcementBest, fastest, and cost productive wayWhat are the costs associatedHow long does it take
How does Noxid create barriers to keep employees from taking their training and leavingHow do we keep our employees from using
us for training
Patents
Definition- A set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention
Invention- Must be New, Inventive, Useful or Industrially applicable.
Primarily on codified Federal Law
Utilization Patents Invention- Must be New, Inventive, Useful
or Industrially applicable. Noxid Recreation Center - Developed
new revolutionary machine Utility Patent1. General Utility2. Specific Utility3. Moral or beneficial utility
Patent Process1. Develop/Invent Idea2. Determine if it can be patented
i. Meet 3 Requirements:• Novelty• Non-Obviousness• Utility
3. Perform a patent search4. Apply for your patent (regular patent
requirements)i. 2 Parts
• Specification• Claims
Patent Cost and TimeUS Patent Office Fees
Utility Patent Application- $500 3 independent claims and 17 dependentAdditional more cost
Issue Fee- $700Total w/o attorney fees- $1,200Professional Patent drawings- $100 per
sheetMaintenance fees after issuance
3.5, 7.5, 11.5 years$450, $1,150, $1,900
IP: Patent– Professional HelpSvitek Law Group
Web Site
Ideal for Small businesses
Full service business law including patent help and no compete or any other business contract
Cost: Hourly RateBe organized a efficient all interaction is billed
Trade SecretsDefinition- Formula, practice,
process, design, instrument, pattern, or compilation of information - not generally known or reasonably ascertainable
“Confidential Information" or “Classified Information".
Based primarily on state law
Trade Secrets UtilizationMark computer files and documents with a
confidential warningRestrict access to the trade secret to only
those that really need to knowMake anyone you disclose information to
sign a non-disclosure agreementKeep information enclosed in a secured
areaImportant to retain key employees
Provide enough incentive for them not to “jump ship”
Attorneys fees Rough FiguresType of Invention
Examples
Cost
Relatively Simple
electric switch; coat hanger; paper clip; diapers; earmuffs;
ice cube tray
$4,000 to $6,500
Minimal Complexity
board game; umbrella; retractable dog leash; belt clip for
cell phone; toothbrush; flashlight
$6,500 to $9,000
Moderately Complex
power hand tool; lawn mower; camera; cell phone; simple
business method; microwave oven
$9,000 to $12,000
Intermediate Complexity
ride on lawn mower; video game; simple RFID devices;
solar concentrator;
$12,000 to $16,000
Relatively Complex
shock absorbing prosthetic device; internet implemented
business method with computer system
$16,000 to $25,000
Highly Complex
MRI scanner; PCR; telecommunication networking systems
$25,000 +
Total Cost and Time$5,000-30,000+Patent 20 years
from application date, not approval date
Trade Secrets – No competes Agreements
Becoming an increasingly popular way for employers to try to limit employees and former employees from working for a competitor, or from divulging trade secrets or other proprietary data
Employer also can be held liable for hiring an employee
Enforcement varies from State to State (ex. California vs. New York) due to Laws
Entered into with little, if any, negotiation between the employer and the employee
Limits future employment and prevents Self Employment
CostCost range from $10 to $45
Agreements Etc.Law Depot
Trade Secrets Vs. Patents Secret
Patent Trade Secrets
Who uses this strategy
GilleteAmazon.com
KodakCoca-Cola (7x)
What is being protected
Inventions (Tight Regulation)
Anything that wouldn’t want competitors know
How long does protection last?
20yrs from filling and a minimum of 17 years
Indefinitely
How much does it cost?
Approximately $5,000- $30,000 per invention
Establishing procedures and keeping key employees
Concept MapsApplying For a Patent
Patent Search
Machine New Idea
Write Specificati
onWrite Claim
Get Machine Patented
Machine Already
Patented
Trade Secret Protection
Protect and Secure Secret Documents
Hire Attorney
Employee Non-Disclosure
Agreements
Non-Compete Clauses
Case Study/Patent EnforcementPatent enforcement is the process of legally maintaining
one's patent grant. If an infringed patent is not enforced for many years, a patentee may lose the patent grant
Due diligence in preparation of enforcing a patent could save literally millions of dollars in legal fees
Due diligence in preparation of enforcing a patent could save literally millions of dollars in legal fees
GPCIWeb Page
Patent HawkWeb Page
Overall RecommendationsDecide whether you can afford legal
assistance or not.If so contact either your current lawyer or
Svitek Law and they will assist you along the way
Search the Patent database to ensure your invention qualifies
Fill out the paper work at the US Patent website
Create a no compete contractAll trade secret materials should be handled
as such and take due diligence to keep them secrets
Maintain your PatentsMake Millions!
QuestionsNoxid?
Class?
Dave?
V is for victory or defeat….
Eat Chipotle!