Intellectual Property & Content Ownership
Intellectual property matters. With a 95% patent success rate, we help clients turn ideas into inventions. In the fourth video of our ‘Challenges with Mobile App Publishing’ series, we break down the patent process and share tips to help set you up for success. Start protecting what’s yours. Watch the video below and check out our patent process here.
Ideas vs. Inventions
00:00:01:04 - 00:00:33:12
I have a 95% success rate at filing patents in the US. I have filed for 19 as inventor and have been awarded 18 of those 19, which is unheard of. If you ask pat attorneys, what is their average clearance rate? In other words, filing versus being awarded. Most of them will tell you it's around 50%. Why is my rate 95%? Because I understand the difference between an invention and an idea.
Intellectual Property Process
00:00:33:15 - 00:00:57:12
Okay. So let's talk a little bit about, intellectual property process, specifically with apps. First and foremost, we understand that both app stores, Google Play and App Store Connect for iOS, will reject your app if it contains any material that you are clear, not the copyright holder. That includes trademark names, illustrations and photos, video content, whatever it will be.
The Difference
00:00:57:12 - 00:01:20:22
They're very serious about that. And I even had to. In the past, we have had to submit proof of ownership of like, a name, right? So we're publishing an app on behalf of a client and they're like, do you own this name? And we have to produce, trademark documents. They're very serious about that. So getting back to the patent thing, what is the difference between an idea and an invention?
The Toilet Paper Patent
00:01:20:22 - 00:01:51:24
So an anecdote I like to tell has to do with the famous patent from 1891, where somebody patented a roll of toilet paper, and it wasn't the idea of a spool of paper, right? To clean yourself up with what they patented. That’s what I would call an idea, but what they patented was the unique serration. So if you look at toilet paper, right, there's like a serration between the sheets and what they came up with, was, it kind of like went partway across.
Getting Started
00:01:51:24 - 00:02:14:12
Then there was like a little chevron, and then partway across. And the whole idea there was you could grab the paper and tear it, and it would tear cleanly to make a clean serration. They got the patent on that. That's an invention, not the idea of toilet paper. So what's the best way to get started? Well, the best way to get started is to talk to a patent attorney frantically.
Patent Attorneys
00:02:14:14 - 00:02:31:00
Try to find a good one. They understand the difference between an invention and idea. The firm we work with at Forsgren Fisher, Dan Tysver in particular, is very good about giving a complimentary sort of a workshop session, if you will, to get started. And you can kind of walk through your idea. Right.
Our Process
00:02:31:00 - 00:02:49:25
And then the idea is to try, pun intended, is to try to go from that to an invention. And teasing out the invention is really the hard part. We have a very unique process that we use with our clients, to go from idea to an invention. I'll post a link below in the first comment to a link we have on our site that talks about more of this in detail.
Provisional Filings
00:02:49:28 - 00:03:13:15
But once you get to, an invention or a series of inventions and high level claims, you want to put together what's called a provisional filing. Basically, that just puts your draws a line in the sand for when you invented something and marks it with U.S. Patent and Trademark Office. So if somebody comes in after you and tries to come after you for intellectual property violation or the other way around, you want to go after them.
Get It Filed
00:03:13:18 - 00:03:32:13
It is really the data of first filing. A number of years ago, I think it was in 2016 or before then you could produce engineering notes with dates on them and stuff like that and go, oh no, no, no, we talked about, that's all gone. It's now, it is date of first file. That's it. So get your ideas down on paper, get a provisional going as soon as you can.
Next Steps
00:03:32:16 - 00:03:50:01
That's really important. And then after that, what is the process look like? Again, it depends on the attorney you work with. It depends on how much of a technologist you are. But the idea then is really to break it down into specific details. I mean inventions, things that are not obvious to someone skilled in the art, especially with software.
The Challenges
00:03:50:03 - 00:04:10:26
It is very difficult now in 2025 to get software patents through unless they're very specific, unless they're very, I'll call them algorithms. Right. You can't really patent process, so to speak. You know, the days of getting a patent on one-click-buy are pretty much over with. But go through the process with an attorney and then what is the cost?
The Cost
00:04:11:03 - 00:04:41:10
I mean, I think it costs under $1,000 to file a provisional. Right, in terms of the filing fee, the USPTO, and get somebody maybe to help you with it. After that, it can turn into more money. And it depends on the firm that you work with. But the cost of not doing it can be severe. You only need to do a little bit of Google searching to see the very famous, pat infringement cases that have gone on between, you know, Samsung and Google, Apple and Google, ah the big thing that went on between Google and Sonos, if you remember that when they came at them for network discovery.
Make Your Mark
00:04:41:12 - 00:04:47:23
So if you have an idea, get connected with somebody that can help you turn that into an invention and, you know, make your mark.
Ken Krutsch is Founder & President of KRUTSCH, a digital product design firm. From concept to delivery, KRUTSCH specializes in designing consumer and commercial applications. We generate and execute ideas, finding opportunities for our clients to innovate. Because solving the right problem builds careers, organizations, and professional relationships.
Follow KRUTSCH on LinkedIn to read the follow-up posts in the series.
