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Protecting IP: Patents and Trade Secrets

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.

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Protecting IP: Patents and Trade Secrets

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  1. Protecting IP: Patents and Trade Secrets Chipotle inc!

  2. Chipotle Inc! • Tyler Fetters – CEO • Afton Winner – CIO • Apolo Aguirre– CFO • Kyung Shim - CTO

  3. 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.

  4. Problem Description • One of the Noxid employees has created a new machine • Patenting and patent enforcement • Best, fastest, and cost productive way • What are the costs associated • How long does it take • How does Noxid create barriers to keep employees from taking their training and leaving • How do we keep our employees from using us for training

  5. 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

  6. Utilization Patents • Invention-Must be New, Inventive, Useful or Industrially applicable. • Noxid Recreation Center - Developed new revolutionary machine • Utility Patent • General Utility • Specific Utility • Moral or beneficial utility

  7. Patent Process • Develop/Invent Idea • Determine if it can be patented • Meet 3 Requirements: • Novelty • Non-Obviousness • Utility • Perform a patent search • Apply for your patent (regular patent requirements) • 2 Parts • Specification • Claims

  8. Patent Cost and Time • US Patent Office Fees • Utility Patent Application- $500 • 3 independent claims and 17 dependent • Additional more cost • Issue Fee- $700 • Total w/o attorney fees- $1,200 • Professional Patent drawings- $100 per sheet • Maintenance fees after issuance • 3.5, 7.5, 11.5 years • $450, $1,150, $1,900

  9. IP: Patent– Professional Help • Svitek 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 Rate • Be organized a efficient all interaction is billed

  10. Trade Secrets • Definition- 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

  11. Trade Secrets Utilization • Mark computer files and documents with a confidential warning • Restrict access to the trade secret to only those that really need to know • Make anyone you disclose information to sign a non-disclosure agreement • Keep information enclosed in a secured area • Important to retain key employees • Provide enough incentive for them not to “jump ship”

  12. Attorneys fees Rough Figures

  13. Total Cost and Time • $5,000-30,000+ • Patent 20 years from application date, not approval date

  14. 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

  15. Cost • Cost range from $10 to $45 • Agreements Etc. • Law Depot

  16. Trade Secrets Vs. Patents Secret

  17. Concept Maps

  18. Case Study/Patent Enforcement • Patent 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 • GPCI • Web Page • Patent Hawk • Web Page

  19. Overall Recommendations • Decide 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 contract • All trade secret materials should be handled as such and take due diligence to keep them secrets • Maintain your Patents • Make Millions!

  20. Questions • Noxid? • Class? • Dave? • V is for victory or defeat….

  21. Eat Chipotle!

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