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The Engineering Entrepreneur Podcast

Mar 19, 2020

Don’t Wait too Long to Apply for your Patent– Devin Miller – Ep78


Devin is a patent attorney and the founder of Miller IP Law that focuses on startups and small businesses.

He found a gap in the startup/small business area for a need in intellectual property (IP).

When you work with Devin, he generally has 2 scenario’s his customer is in:

Scenario 1: have an invention before you get to investors

Scenario 2: more of a lifestyle product; branding is more important than patent

Some other areas we discuss:

  • What the Patent office looks at:
  1. Novelty -
  2. Obviousness - take 2 or more things and combine in an obvious way


  • Software patents

Example: 2+2=4

If all you did was putting this on a computer, it is not patentable

  • What to do If you get a rejection
  • PTAB and what they do


Devin’s number one tip: Decide how does your IP fit into the business? Maybe it is better to focus on branding over IP. Sometimes you need a patent and sometimes you don’t


Contact info (He offers free 30 minute strategy session)

  1. Phone: 801-82-8446
  2. Email :



The Engineering Entrepreneur Podcast is produced by Scott Tarcy, President of You can reach me at

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