Jan 15, 2020
Today’s episode is all about intellectual property. Our guest today is Devin Miller. He is an intellectual property attorney based in Utah and the founder of Miller IP Law. Miller is also an electrical engineer, a startup founder, and a small business owner.
With Devin’s experience in wearing lots of hats, he shares valuable information on obtaining and protecting patents, trademarks and copyrights. Towards the end of the episode, he shares some of the biggest IP related mistakes he has seen in small businesses.
[02:20] Devin’s Story – Devin shares his background in business administration, how he got into the legal aspect of the startup world and his experience of starting a law firm.
[05:56] 3 Main categories of Intellectual property – Devin gives an introduction to patents, trademarks, and copyrights along with some interesting stories of some popular brands.
[11:53] Official requirements for a patent or a trademark - What does the US Patent & Trademark Office looks at when deciding whether to approve an application.
[14:51] Novelty and Obviousness – Devin talks about the two main standards relevant to the patent approval process.
[20:39] Formal search before applying for trademark – Devin explains why it’s important to do good research about your prospective brand or trademark before you apply.
[28:31] Federal Registration versus Common Law Rights – How to determine whether you want trademark protection in all 50 states or just your local area.
[33:00] What to do if someone infringes your rights – Devin talks about what actions a small business owner can take in case of an IP rights violation.
[37:00] Approaching conflicts with larger businesses – What options does a small business have if they are competing against a larger company on a matter of intellectual property.
[44:13] Copyrights in web & blog content – What to do if someone rips off stuff from your website.
[50:32] Biggest IP mistakes in the small business arena – Devin shares some of the biggest mistakes he has seen in small businesses, what causes them and how to avoid those mistakes.
Resources:
US Patent & Trademark Office: www.uspto.gov
US Copyright office: www.copyright.gov
General information Concerning Patents: bit.ly/3a4M1SI
Trademark Basics: bit.ly/2uCRdwR
Copyrights in General: bit.ly/35H0DEw
Devin’s website: milleripl.com