Client Counseling: - PowerPoint Presentation

Slide1

Client Counseling: Setting Realistic Expectations

Gregory T. Kavounas, Esq., MBAPrincipal, Kavounas Patent Law Office, PLLC.CEO, Patent Introductions, Inc.

NAPP 18

th

Annual Meeting & Conference

July 20, 2014Slide2

Client InsightsAdvising an Independent Inventor Advising

a Small Business Client TopicsSlide3

Client InsightsSlide4

Trying to understand: the Client:the Client’s overall picture

the place of patents in the Client’s overall picture about the patent services that we could provide: the value of these services to the Clientthe cost of these services to the Client

Client

InsightsSlide5

Clients have: Resources, which

they do not want to part with, easilymoney, time, prioritized differently(Our services ask them to spend their resources now, for uncertain outcome later)

Needs

: they ask for our services because they need,

and

because our services

add value to them

Client InsightsSlide6

Client development stage

Idea Prototype Sell product

Client InsightsSlide7

Client development stage & patent services:

Idea Prototype Sell product Patenting … Clearance

Client InsightsSlide8

Client development stage & patent services:

Idea Prototype Sell product Patenting … Clearance

Typically an

…

Typically a

independent

business

i

nventor

Client InsightsSlide9

Step 1. Our Consultation - Advisingwe talk, they listen & ask questionsS

tep 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesStep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Client

Insights – EngagementSlide10

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Client

Insights – Engagement

we can help…Slide11

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Client

Insights – Engagement

…so they match

we can help…Slide12

Advising an Independent InventorSlide13

Client development stage & patent services:

Idea Prototype Sell product Patenting … Clearance

Typically an

…

Typically a

independent

business

i

nventor

earns money separately from idea

Owner

= Manager = Other

Employee = VC

Independent InventorSlide14

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide15

Joe Inventor calls you and asks you for an initial consultation for his “new idea”. He adds, “how much will the consultation cost?”

You know the consultation will last 60-90 minutes; Joe may, eventually, ask for a patent. So, you reply:A) “Nothing, this first consultation is free”B) Quote a fee about

$50-

$200

C) (Other)

Flash Poll – Our Consultation Slide16

Step 1. Our Consultation - Advisingwe talk, they listen & ask questionsS

tep 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesStep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide17

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Engagement

do they remember all we said? Slide18

After our Consultation, it is best to write Joe a follow-up letter:summarize aspects of what you advised,

including options, their deadlines, plus answers to specific questions he asked include a non-engagement notification

EngagementSlide19

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide20

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Engagement

do we remember all that was said? Slide21

For advising Independent Inventors:

Suggestion of this PresentationSlide22

For advising Independent Inventors: create your own Initial Consultation Form; has talking points with blanks

Suggestion of this PresentationSlide23

For advising Independent Inventors: create your own Initial Consultation Form; has talking points with blanks

practice presenting out of it; anduse it during the Consultation.

Suggestion of this PresentationSlide24

Step 1. Our Consultation - Advisingwe talk pointing to it

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide25

Step 1. Our Consultation - Advisingwe talk pointing to it, checking off;

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide26

Step 1. Our Consultation - Advisingwe talk pointing to it, checking off;

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Engagement

Less chance to forget item(s) Slide27

Step 1. Our Consultation - Advisingwe talk pointing to it, checking off; sign, copy & give!

Step 2. Their Contemplationthey consider Our Consultationthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide28

Step 1. Our Consultation - Advisingwe talk pointing to it, checking off; sign, copy & give!

Step 2. Their Contemplationthey consider Our Consultationthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Engagement

Our follow-up letter – all done

Slide29

Step 1. Our Consultation - Advisingwe talk pointing to it, checking off; sign, copy & give!

Step 2. Their Contemplationthey consider Our Consultation while looking at itthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide30

Step 1. Our Consultation - Advisingwe talk pointing to it, checking off; sign, copy & give!

Step 2. Their Contemplationthey consider Our Consultation while looking at itthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services (

ready

)

S

tep 4. They Live with Outcomes

EngagementSlide31

The form I use is today’s handoutavailable as on-line material

Read it at home, in peacepersonalize it with your information,practice delivering itNow we skim together the

basic parts …

The Initial Consultation FormSlide32

… capturing Inventor’s initial data … Initial Consultation Form … Slide33

… while talking, check off; ask if questions …Initial Consultation Form …Slide34

… get the facts; take notes on the form as they talk

Initial Consultation Form …Slide35

… determine bar date … cover other topics … Initial Consultation Form …Slide36

… determine bar date … cover other topics … Initial Consultation Form …Slide37

… create estimates of time and cost (1/2) …Initial Consultation Form …

enter bar date from aboveSlide38

… create estimates of time and cost (2/2) …Initial Consultation Form …Slide39

Initial Consultation Form …Slide40

Initial Consultation Form …Slide41

… also the non-engagement clause …

Initial Consultation Form …Slide42

Sign, date, make & keep copy, give original

Initial Consultation Form …Slide43

Advising a Small Business ClientSlide44

Client development stage & patent services:

Idea Prototype Sell product Patenting … Clearance

Typically an

…

Typically a

independent

business

i

nventor

makes/plans to make money by selling Product

Owner = Manager = Other Employee = VC

Small Business

Client

?

?

?Slide45

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide46

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

Engagement

BUT WAIT!

FIRST ACCOUNT FOR CLIENT’S STEP 0

!Slide47

Client decides to ask for our Consultation.

Small business client is different: they know: some

patent basics

that they should be “doing also patents

”, perhaps starting with a consultation

once the listen to Patent Practitioner, they will have to interact (report invention, read drafts, pay)

but it is hard to focus on patents because:

the

benefit

of patents is in the long term, but

they are preoccupied with

the short term

they have no processes to follow systematically

(developing processes requires changing how you work)

Client’s Step 0:Slide48

Have you heard of a startup (if a client do not name them!) that went to market without patenting their product, and was copied to extinction? Answer:

A) NeverB) I have heard of just oneC) I have heard of more than one …

Flash Poll – Our Consultation Slide49

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide50

When it does happen, we speak to them about their needs: Basic: patenting

Since they have product and rely on revenues, they also have more advanced needs:clearance searchingand the realistic expectation that it is rarely perfect

Our Consultation …Slide51

When it does happen, we speak to them about their needs: Basic: patenting

Since they have product and rely on revenues, they also have more advanced needs:clearance searchingand the realistic expectation that it is rarely perfect

if

clearance

searching

finds adverse

patents, search further, in the hope of invalidating

and the

realistic expectation

that

invalidation is not guaranteed

Our Consultation …Slide52

Step 1. Our Consultation - Advisingwe talk, they listen & ask questions

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide53

Who was the consultation with? CEO? VP?

CFO?Legal / Risk Manager?CTO?Project Manager?Engineer?

All must

cooperate / be on

board, so as to get the patent work done

Whoever we talked to

will discusses

with the rest.

(Will they convince?)

Their Contemplation …Slide54

Sometimes they decide to not do the patent work. We know because:we hear nothing back – they do not engage & live with Outcomes, some bad but preventable

we even heard pushback during our Consultation, e.g.:1) “Why patent something we have not built yet?”2)

“Can I just file a provisional”?

3

) “Why pay for a

search,

if its results are not guaranteed?

4) “What if the owner

of the

adverse patent

never

discovers us?”

… and such statements reflect lack of good advice, but it takes us a long time to explain why that is so

Their Contemplation

…Slide55

Use this book:

Suggestion of this PresentationSlide56

Use this book: Patent Ready®

Introductory Book for Executives, Managers, Engineers & OthersDue out in September 2014

NAPP Sunday attendees will receive free copy

Fair Disclosure by Patent Introductions, Inc.

Suggestion of this PresentationSlide57

Audiences & messages: Part I: The Why and the What of patents (high level)(for VCs, CEOs, Executives & Project Managers)

Parts II, III, IV: The What (low level) and the How of patents(for Project Managers & Engineers)… in single language

… more than 60 custom diagrams (examples follow)

with icons consistent from one diagram

to

another

presenting frequent messages in visual form

About Patent Ready® bookSlide58

Patent practitioner’s friend (and advertisement): removes need for much of our low-end consultation, which might not happen anyway. After the consultation, the Client can:

read on their own, in their own time, regardless of departmentunderstand their needstells them what they: can expect (effort)

cannot expect (our usual disclaimers)

warns that patent work is legal work

perils of not using a

patent practitioner

When

personalized with practitioner’s brand

, the book refers the Client back to the practitioner who gave it to them.

About Patent Ready® (cont’d)Slide59

Does not enter Patent Practitioner’s domain: “this book does

not give legal advice”repeatedly defers: “for more, refer to your patent practitioner”warns that there is no right way to write a patent application, because of different strategic considerations every time

does not teach how to proofread patent application

(beyond the basics spelled out in the Patent Rules)

About Patent Ready® (cont’d)Slide60

Invest one Saturday to read it(basics covered today)

Personalize it with your brand, so it advertises your practiceDevelop Scripts for your frequent Messages (will see samples today)Add it to your Consultations

… more particularly …

Suggestion of this PresentationSlide61

Step 1. Our Consultation - Advisingwe talk

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our servicesS

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide62

Step 1. Our Consultation - Advisingwe talk pointing to diagrams

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide63

Step 1. Our Consultation - Advisingwe talk pointing to diagrams, then give them the book

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our services

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide64

Step 1. Our Consultation - Advisingwe talk pointing to diagrams, then give them the book

Step 2. Their Contemplationthey consider Our Consultation, andthey form expectations accordingly, about outcomes from our services,

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide65

Step 1. Our Consultation - Advisingwe talk pointing to diagrams, then give them the book

Step 2. Their Contemplationthey consider Our Consultation, and the book, and

they form expectations accordingly, about outcomes from our services,

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide66

Step 1. Our Consultation - Advisingwe talk pointing to diagrams, then give them the book

Step 2. Their Contemplationthey consider Our Consultation, and the book, and

they form expectations accordingly, about outcomes from our services,

realistically, also for what you did not discuss

S

tep 3. They Engage Our Services

S

tep 4. They Live with Outcomes

EngagementSlide67

Sample Messages and Scripts

Patent Ready ® bookSlide68

Here is FIG. 6A; see title …

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide69

Message: “To get patents, ideas must be reported”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide70

Message: “To get patents, ideas must be reported”

Script: “Without reporting an idea, there cannot be patenting; do you have a process for reporting?”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide71

Message: “

Expect that getting a patent is not guaranteed”Script: “Some patent applications

fail; maybe you want a patentability search”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide72

Message: “

Expect that getting a patent will not be immediate”Script: “See how long it takes from when you apply till issuance”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide73

Message: “Patent Fast!

Script: In a patent race for the same invention, whoever filed first wins – even if the other side invented

first, decided to develop first, etc.”

Sample ScriptSlide74

Message: “Patent Fast!

Script: In a patent race for the same invention, whoever filed first wins – even if the other side invented

first, decided to develop first, etc.”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide75

Message

& Script: “Patent application is pending initially confidentially”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide76

This time period is ~18 months? More? Less? Do we have a name for it?

… among ourselves …

(c) 2014 Patent Intro-

ductions

, Inc.Slide77

This time period is ~18 months? More? Less? Do we have a name for it?

Let’s call it: Publication Delay (new term)

… among ourselves …

(c) 2014 Patent Intro-

ductions

, Inc.Slide78

Message: “Realistically, patent searches cannot be perfect”

Script: “Sometimes patent searches cannot be 100% conclusive – if you factor in NPL & Publication Delay”

Sample ScriptSlide79

Message: “Realistically, patent searches cannot be perfect”

Script: “Sometimes patent searches cannot be 100% conclusive – if you factor in NPL & Publication Delay”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide80

Message: “File

now to protect what you are building”Script: For a product you want to start building now …”

Sample ScriptSlide81

Message: “File

now to protect what you are building”Script: For a product you want to start building now …”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide82

Message: “File

now to protect what you are building”Script: For a product you want to start building now, the risk includes a) past …”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide83

Message: “File

now to protect what you are building”Script: For a product you want to start building now, the risk includes a) past and b) future, which continues to be renewed

…”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide84

Script: “… unless you cut off the future risk by patenting now – win that patent race”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide85

Message: “An adverse patent can be revised” (new term)

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide86

Message for business people: “Patents can affect revenue”

Script: “Patent business risks affect the Net Present Value (NPV) calculation for a new product”

Sample ScriptSlide87

Message for business people: “Patents can affect revenue”

Script: “Patent business risks affect the Net Present Value (NPV) calculation for a new product”

Sample Script (from drawing)

(c) 2014 Patent Intro-

ductions

, Inc.Slide88

Invest one Saturday to read

Suggestion of this PresentationSlide89

Invest one Saturday to readPersonalize it with your brand:

Suggestion of this PresentationSlide90

Invest one Saturday to readPersonalize it with your

brand:On the cover:

Suggestion of this PresentationSlide91

Invest one Saturday to readPersonalize it with your

brand:On the cover: add 1” x 4” label:“Given to you by

: [MY NAME]”

Suggestion of this Presentation

Given to you by: Slide92

Invest one Saturday to readPersonalize it with your

brand:On the cover: add 1” x 4” label:“Given to you by

: [MY NAME]”

Inside early page:

Suggestion of this Presentation

Given to you by: Slide93

Invest one Saturday to readPersonalize it with your

brand:On the cover: add 1” x 4” label:“Given to you by

: [MY NAME]”

Inside early page:

where it says:

“Contact info of your

outside attorney

”

Suggestion of this Presentation

Given to you by: Slide94

Invest one Saturday to readPersonalize it with your

brand:On the cover: add 1” x 4” label:“Given to you by

: [MY NAME]”

Inside early page:

where it says:

“Contact info of your outside attorney”

Stamp your firm’s name

Suggestion of this Presentation

Given to you by: Slide95

Questions? Thank you

Gregory T. KavounasPrincipal KAVOUNAS PATENT LAW OFFICE, PLLC425 / 643-2174

CEO

PATENT INTRODUCTIONS, INC.