『🎙 Inventive Journey | Real Stories From the Startup Survival Club』のカバーアート

🎙 Inventive Journey | Real Stories From the Startup Survival Club

🎙 Inventive Journey | Real Stories From the Startup Survival Club

著者: Devin @ Miller IP
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Buckle up for real stories from startup founders and small business heroes who survived the chaos, laughed at the mistakes, and still built something awesome. 🚀 Each episode dives into the wild ride of turning ideas into impact—complete with hard lessons, lucky breaks, and plenty of caffeine. ☕️ Entrepreneurs, this is your pit stop for honest insights and unexpected laughs.Devin @ Miller IP マネジメント・リーダーシップ リーダーシップ 経済学
エピソード
  • 💡 Can You Patent a New Use for an Existing Product?
    2026/09/18

    Can you patent a new use for an existing product? It sounds simple, but the answer sits at the intersection of patent law, product strategy, and a common inventor mistake: assuming that a new idea about an old product automatically makes the product itself patentable.

    In this episode, we break down how U.S. patent law treats new uses of known products and why the real opportunity often lies in the method or process surrounding that use. A product may already exist, yet the way you use it can still create a potentially patentable invention if the method is genuinely new, useful, and non-obvious.

    We start with the basics: what counts as a “new use,” why the product itself may still be old, and how method claims can become the center of the patent strategy. If an existing machine, material, device, or composition can solve a different problem, this episode will help you understand what patent questions to ask before investing heavily in an application.

    We also look at prior art. That means more than searching for an identical patent. Prior art can include patents, technical articles, manuals, product instructions, academic papers, public uses, sales activity, and other disclosures.

    Then we tackle inherency, a concept that surprises many founders. Imagine that people have used an existing product in the same way for years, but nobody realized the process also produced a hidden benefit. If that benefit necessarily occurred every time the old process was performed, simply discovering it may not create novelty. Discovering why something works is not always the same as inventing a new way to make it work.

    Non-obviousness is another major hurdle. Even when no single reference describes your exact method, a patent examiner may ask whether the differences would have been obvious to someone skilled in the field.

    We also discuss why documentation matters. Before filing, inventors should identify the exact steps, the variables that affect performance, the measurable results, and the technical difference between the new method and known uses. “It does something cool” may work in a brainstorming session, but a patent application generally needs more.

    The episode also covers claim strategy. A patent is only as useful as the scope of the claims that survive examination. If a competitor can avoid your patent by changing one trivial step, the business value may be limited.

    Timing matters too. Public disclosures, online posts, product launches, demos, and sales activity can affect patent rights. U.S. law has certain grace-period rules, but international rules can be less forgiving. If foreign protection matters, filing before public disclosure can become especially important.

    We also separate patentability from freedom to operate. These are related but different questions. You may be able to patent an improved method while another company still owns broader rights affecting commercialization. A patent gives you a right to exclude others from what you claim; it does not automatically give you permission to practice every part of the technology. That distinction matters.

    By the end of this episode, you will have a clearer framework for evaluating whether a new use for an existing product may be worth pursuing. You will know what to search, what to document, what hurdles to expect, and why strong new-use inventions usually come from a specific technical method rather than a new marketing label.

    If you are a startup founder, inventor, product developer, or small business owner who has discovered an unexpected application for existing technology, this episode will help you separate a clever observation from a potentially protectable invention.

    To chat about this one-on-one, grab a free consult at strategymeeting.com

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  • 🚨 Copying a Patented Product? Know the Legal Risks
    2026/08/28

    Copying a successful product can look like smart business. The market already exists, customers understand the category, and a competitor has done much of the work of proving demand. But when a patented product is involved, “we changed a few things” can become an expensive sentence.

    In this episode, we break down what patent infringement actually means for startup founders, product teams, and small business owners. The biggest misconception is that infringement requires an exact copy. It does not. But simply making something similar does not automatically mean infringement either.

    The key issue is the patent claims.

    Patent claims define the legal boundaries of the patented invention. A competing product may look almost identical but avoid infringement if it does not satisfy an important claim limitation. On the other hand, a product that looks different can still create risk if its internal structure, process, or method falls within the claims.

    We also explain why independent development is not automatically a defense to direct patent infringement. A company can invent a product on its own and still end up practicing an enforceable patent claim. Intent matters in some areas of patent law, but direct infringement is not simply a copying contest.

    Another topic is the danger of relying on cosmetic changes. New colors, different dimensions, button placement, or fresh packaging may help marketing, but they do not necessarily create a legal design-around. A meaningful design-around usually requires understanding the claims and changing the product so a relevant claim limitation is no longer present.

    Then there is the doctrine of equivalents. This doctrine can sometimes create infringement risk even when the accused product does not literally match every word of the claim. That does not mean “same result equals infringement.” The analysis remains tied to individual claim elements.

    We also discuss what happens when a patent owner believes infringement is occurring. The first step may be a demand letter or cease-and-desist notice. That letter is an allegation, not a final judgment. A business receiving one should evaluate the asserted patent, the relevant claims, the accused product, possible noninfringement arguments, validity issues, redesign opportunities, licensing options, and overall business exposure.

    The financial consequences can be significant. Patent owners may seek monetary damages and, in appropriate cases, injunctive relief. Courts can also increase damages for especially egregious conduct, and attorney fees may be awarded in exceptional cases. The business cost can also include redesigns, delayed launches, stranded inventory, disrupted customer relationships, and distracted leadership.

    One of the most useful lessons for founders is that getting your own patent does not automatically mean you are free to sell your product. Patentability and freedom to operate are different questions. You may own a patent on an improvement while another company owns a broader earlier patent that still covers part of what you are doing.

    That is why patent strategy should happen before launch, not after. Review relevant patents while the product can still be changed. Compare important claims to the proposed design. Explore legitimate design-arounds. Document key engineering decisions. And bring qualified patent counsel into high-value product decisions before tooling, inventory, marketing, and distribution make changes painfully expensive.

    The goal is not to make founders afraid of patents. It is to make them better prepared.

    If you are building a product in a competitive market, this episode will help you understand where patent risk really comes from, which common assumptions can get businesses into trouble, and how early IP planning can turn a potential legal problem into a smarter product strategy.

    To chat about this one-on-one, grab a free consult at strategymeeting.com

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  • Unlock the Power of Customer Referrals
    2026/08/22

    Word-of-mouth can be one of the most powerful growth channels for a small business—but only when customers have something worth talking about and an easy way to make the introduction.

    In this episode, we break down practical customer referral strategies that help small business owners turn happy customers, professional relationships, and strategic partnerships into a repeatable source of qualified leads. Instead of hoping referrals magically appear, we look at how to build a simple system around timing, customer experience, incentives, branding, networking, and follow-up.

    We start with the foundation: being genuinely referable. No referral program can permanently compensate for poor service, confusing communication, or an experience customers would rather forget. Great referrals begin when people feel confident putting their own reputation behind your business.

    We also explore why specificity matters. Asking, “Do you know anyone who needs us?” often produces polite smiles and little else. A better approach is to clearly describe the type of customer, project, or problem your business is best equipped to handle. The easier it is for people to recognize the right opportunity, the easier it becomes to refer you.

    Timing matters too. The strongest moment to ask is often right after a customer experiences a meaningful win—such as a successful project, solved problem, positive feedback, or major milestone. When your value is fresh, the request feels natural.

    Next comes convenience. Referral links, QR codes, email templates, business cards, and simple landing pages make it easier for customers to act. “I’ll send that later” is where a surprising number of good intentions disappear.

    We then examine referral incentives, including discounts, account credits, gift cards, service upgrades, and exclusive access. Incentives can encourage action, but they should support genuine enthusiasm instead of replacing it. If people need a giant reward before recommending your business, the marketing department may not be the only department with a problem.

    Networking groups and strategic partnerships can also be valuable. Accountants, attorneys, consultants, contractors, designers, agencies, lenders, and other complementary professionals can become strong referral partners when expectations are clear and both sides understand the ideal customer.

    Branding matters too. Customers cannot easily recommend a company they cannot remember, explain, or find. A recognizable name, clear positioning, consistent messaging, and strong visual identity make word-of-mouth easier to spread.

    We also cover an important legal distinction: customer referrals and incentivized public reviews are not automatically the same thing. Businesses should be careful when rewards, testimonials, endorsements, and public reviews overlap. The FTC has rules involving consumer reviews and material connections, and platforms may impose additional restrictions. Paying for positive sentiment can create risks that differ from rewarding a private customer introduction.

    Finally, we talk about measurement. Instead of tracking referral volume alone, owners should look at which referrals become customers, what they spend, how long they stay, and which sources produce qualified opportunities.

    A strong referral system is not about begging customers for names. It is about creating an experience people want to recommend, making the next step effortless, and building a process that improves over time.

    If you are a startup founder or small business owner trying to grow through stronger relationships, better branding, and smarter customer acquisition, this episode offers practical ideas you can use now.

    To chat about this one-on-one, grab a free consult at strategymeeting.com

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