Protecting IP: Patents and Trade Secrets

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 • Apolo

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. Trade Secrets – No competes • Apolo

13. Trade Secrets Vs. Patents • Apolo – compare and contrast

14. Concept Maps

15. 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

16. 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!

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

18. Eat Chipotle!