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Jason interviews NeuAer CEO Dave Mathews and attorney Reid Dammann about everything startups need to know about patents, from why to file to avoiding being poached by "Patent Trolls."
00:00-00:30 Intro
1:12: Welcome to the Patent Episode
1:30 Tyler: How many patents have you filed?
1:45 Jason: I've never filed any patents
2:18 Introduction to Reid
3:30-5:15 Surveymonkey Ad
5:30-6:30 Tyler talks about SurveyMonkey
6:49- 7:18 Let's get right into it, let's talk patents.
7:46- 8:45 Why patent?
9:00- 9:40 How long have patents existed? What are the point of patents?
9:51- 10:45 Let's talk about the filing process. I've heard it's very expensive and time consuming?
11:19 - 12:21 Guests define prior art and 'skilled in the art'
12: 53 - 13: 50 Types of patents, including 'plant patents' and design patents
13:57- 14: 35 Patents vs Copyright and Trademarks
14:40- 15:15 Introduction to software patents, why they are tricky
15: 20- 16:00 Dave Mathews' worst patent ever, CueCat!
17:00- 18:00 Patent application process, enforceable component explained
18:15- 19:30 Multi-touch patent. Or as Jason calls it, Apple's 'Pinching Patent'
19:45- 20:30 Why claims are most important, especially as it pertains to litigation
20:30 - 21:22 Claims explained, especially in terms of constructing language that can protect a patent
22:04- 23:30 Explanation of how patents can be circumnavigated by solving a problem using a new method
24:00- 25:00 Patent Trolls
25:03 -26:00 Who writes patents?
26:39 - 27:18 Can somebody file a patent without an attorney? Would it be defensible?
27:26 - Has patenting become the domain of the rich?
27:40- 30:29 MailChimp Ad Read
30:40- 31:46 In terms of real money, how much does this process cost? How long does it take?
31:47- 32: 21 How thorough are the patent claims reviewers?
32:25 - 33:10 You can get back some of the money you invested over that time through patent term
33:48- 34:30 How patents affect apps, and other mobile services
34:30- 35:10 How do on-Practicing entities, AKA Patent Trolls, operate
35:20 - 36:20 How did we get to this point, where people sue over patents constantly?
36:30 - 37:15 Are we getting to the point where devices are going to have to remove certain features in order to comply with patents?
37:42 - 38:40 Invention house run by Nathan Myhrvold
39:00 - 40:00 The method patent, and the glut of ip patents from the 90s
40:26- 41:00 Different ways to claim a system
41: 50 In re Bilski discussed
42:24 - 43:06 Europe doesn't allow software patents. Should we do a similar thing in the US?
43:35- 44:38 What chance does any small company have against giant companies that are filing an inordinate numbers of patents?
44:55- 45:48 Are patents killing innovation?
46:00- 47:12 Is there abuse going on in the system, and are patent trolls abusive?
47:30- 48:45 Discussion of the America Invents Act, and implications of "First To File"
48:50- 49:55 Does the America Invents Act favor the Patent Trolls? Does it make the fight for smaller inventors harder?
50:00 Is the goal of the America Invents Act to accelerate innovation?
50:57 What is the Inventors Logbook? Is this standard practice?
51:45 - 52:46 When a patent is granted, is it written in stone or can it be overturned?
52:59 - 54:00 Is this litigation trend evidenced by the current battles over wireless patents?
54:09 - 54: 45 Let's talk about the damages, because some people have had huge damages awarded. What are treble damages?
55: 25 - 56:07 I haven't experienced patent litigation in the Internet space. Is this common?
56:10- 56: 59 What's the advice for startups? Should you bother getting patents?
57:00- 57:30 Tyler talks about his experiences earning patents
57:44 - 58:10 Who draws patents?
58:18- 59:00 When you submit, is that public? Can you request non-publication until grant?
59:00 Discussion of trade secrets
1:00:00- 1:00:55 Anti-trolls! We haven't covered that too well. Who's out there doing this, like the EFF?
1:01:17: Thank you Reid Dammann, and Dave Mathews.
1:02:30 Dave talks invention bonuses
1:02: 50 Explanation of royalties
1:03: 30 Benefits of buying patents
1:04:17 How many patents do these big companies hold? Discussion of IBM, who holds the most.
1:05:11 Can you patent open source material after the fact?
1:06:05 Get yourself a good attorney, because I wondered if people should start filing dozens of patents? Just to make the system so murky so that you can force patent reform.
1:07:09 Discussion of www.pat2pdf.org
1:08: 57 Wrap! Thanks to Mailchimp, and SurveyMonkey, go to twistlist.co to sign up for our mailing list, and we will see you next time on TWiST.
