Sunday, December 20, 2009

Companies That May Want to License or Buy Your Invention!

One of the most difficult challenges faced by independent inventors and entrepreneurs is finding companies that want to license or buy the rights to their inventions or new product ideas.

Well, our Ultimate Inventor Resources includes a section Companies That Accept Product Submissions From Independent Inventors that lists such companies. Note that these are NOT invention marketing companies. Rather, they are real manufacturers with their own product lines that want to add new products and have indicated that they are willing to talk with inventors about adding their products.

But first, be sure to protect your invention by filing a provisional patent application so you have “patent pending” (i.e. a serial number and a filing date for your invention at the patent office). You can file a provisional patent application using our patent preparation service or using our Provisional Patent Application Filing Kit.

Additionally, you can use a Non-Disclosure/Non-Compete (ND/NC) Agreement (see your patent attorney or do a search online for a free one) if the particular company will sign one. This gives you immediate contractual protection if the company discloses or manufactures your invention or new product idea. Therefore, you do not need to wait until a patent would issue on your invention (a several year process and your idea might not be patentable) to stop the company from ripping off your invention or new product idea.

However, most larger companies have their own disclosure agreements and will not allow you to submit your invention or new product idea unless you sign it. These disclosure agreements usually state that your product disclosure to them is NOT confidential and that your only protection (if any) is that provided through the U.S. Patent Office (hence your previous filing of the provisional patent application).

The main reason that larger companies have such disclosure agreements is they are developing their own products in-house and do not want you to later claim that you disclosed a product to them that they were already developing on their own.

Note that while you can use a ND/NC agreement alone as contractual protection against having your invention stolen by a company, you do not have “patent pending” and thus this approach is more risky. Furthermore, if you do not have “patent pending” nor a signed ND/NC agreement before submitting your invention or new product idea, then you are setting yourself up to have it ripped off. Note that this is a general statement of advice and in no way is meant to reflect upon any partuicular company or individual.

Also be sure to do your homework first on any company you are thinking of approaching. Look at their product line(s) to be sure that your invention or new product idea is a good fit. What are their product submission requirements? Will they sign a ND/NC agreement?

Again, here is the link to our Ultimate Inventor Resources:
http://ping.fm/tYyPf

and to our “Companies That Accept Product Submissions From Independent Inventors”:
http://ping.fm/I5Aqq

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

P.S. Be sure to ask your patent attorney or read our other posts about the ramifications of a “public disclosure” by not using a ND/NC agreement when disclosing your invention or new product idea to companies or other persons (even if you have “patent pending”).

From: http://ping.fm/uo5D2
Companies That May Want to License or Buy Your Invention! http://ping.fm/OKLUJ
Companies That May Want to License or Buy Your Invention! http://ping.fm/0rvcK

Thursday, December 17, 2009

Should Independent Inventors File Their Own Provisional Patent Applications?

I recently posted information about the new Provisional Patent Application Filing Kit 2010 in several social networking groups that are predominated by patent attorneys on a popular social networking website.

Several negative comments were received about the post that revolved around the idea of “Why are you helping inventors to prepare their own patent applications… it is like doing your own landscaping, haircuts, or surgery!”.
Well, go figure… landscaping can be learned easily enough when you do not have the money to pay a landscaper! The same with cutting hair. I would draw the line at do-it-yourself surgery, though!

They continue… “Inventors will end up with a provisional patent application that is non-enabling (i.e. missing critical information about their invention) or missing some other legal technicality and they will not be able to use the application as a basis for filing a utility patent application” (which can issue as a patent filed within the one year ‘patent pending’ time period affored by the provisional patent application).

My response to them and to you is this… they are absolutely right. Obviously, a professionally prepared provisional patent application is best… if the inventor can afford the cost. An experienced patent attorney (at least 2-3 years of training under a veteran patent attorney… not self-taught) knows how to describe inventions in detail and have drawings or sketches prepared that show all critical aspects of the invention including the various versions or embodiments thereof.

However, many independent inventors cannot afford the $1,500.00 to $3,500.00 fee that patent attorneys charge to prepare a provisional patent application (note that we charge considerably less – only $477.00 to professionally prepare a provisional patent application for you including sketches or drawings). Many of these inventors still file provisional patent applications themselves… oftentimes resulting in an insufficient disclosure or other legal technicality not being complied with.

Well, the Provisional Patent Application Filing Kit 2010 is designed to give such inventors a reasonable shot at filing a good patent application themselves… at a reasonable cost. I feel that giving independent inventors the right information in an easy-to-read-and-follow format with all of the forms is better than them “winging it” as many independent inventors do.

I hope this clarifies the purpose of the Provisional Patent Application Filing Kit 2010 and who should purchase it.

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

From: http://ping.fm/ySede
Should Independent Inventors File Their Own Provisional Patent Applications? http://ping.fm/s2kWf
Should Independent Inventors File Their Own Provisional Patent Applications? http://ping.fm/GJFGM

Monday, December 14, 2009

Provisional Patent Application Filing Kit 2010

The new Provisional Patent Application Filing Kit 2010 provides inventors with complete instructions and forms to lock in patent pending for their inventions at the U.S. Patent and Trademark Office. Includes instructions for filing electronically and by mail.

Click on:

http://www.inventionpatenting.com/ipblog2/provisional-patent-application-filing-kit-2010/

Sunday, December 13, 2009

Provisional Patent Application Filing Kit 2010

I have talked to many independent inventors who want to get “patent pending” for their inventions at a reasonable cost but have no idea where to go or how to do so.

While preparing and filing your own provisional patent application is not “rocket science” and is within the skills that most people possess, there are a number of things that you need to know to do it right. Why not do it right by getting the information you need… at a rather nominal cost?
Well, the new Provisional Patent Application Filing Kit 2010 provides you with complete instructions and forms to lock in “patent pending” for your invention at the U.S. Patent and Trademark Office! Includes instructions for filing electronically and by mail.

Plus, if you order now, you receive two bonus products: “Doing Your Own Professional-Quality Patent Search… NOW!” and “Getting Your Products into the Big Box Retailers… NOW!”.

These are excellent companions to the Provisional Patent Application Filing Kit that respectively show you how to determine whether or not to try to patent your new product idea and how to get your products into the big retailers like Wal-Mart, K-Mart, and more.

I urge you to check it out at:

http://ping.fm/o0phY

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

From: http://ping.fm/Ff6kY
Provisional Patent Application Filing Kit 2010 http://ping.fm/AfduO
Provisional Patent Application Filing Kit 2010 http://ping.fm/yviHy

Sunday, November 08, 2009

Getting Your Products into the Big Box Retailers... NOW!

I have talked to many independent inventors and other entrepreneurs who want to get their new products into the “Big Box Retailers” such as Wal-Mart, Costco, Home Depot, K-Mart, PETCO, Sears, J.C. Penney, and others but have no idea how to do so.

Well, I decided to do some research to see what is required to qualify and submit products to the big box retailers. I was surprised by all that I learned and I decided to write an audio CD with corresponding fill-in workbook that explains how you can get your products into the big box retailers.

After listening to my new audio CD “Getting Your Products into the Big Box Retailers… NOW!”, you will know the the basics of big box retailing, how to contact retailers, and how to become a Wal-Mart, Costco, Home Depot, K-Mart, PETCO, Sears, and J.C. Penney supplier.

I urge you to check it out at:

http://ping.fm/iBN4z

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

From: http://ping.fm/Dc6ML
Getting Your Products into the Big Box Retailers... NOW! http://ping.fm/EOWYV
Getting Your Products into the Big Box Retailers... NOW! http://ping.fm/SsFiB

Sunday, October 18, 2009

Advertise Your Invention Online for Sale, License, or Investment For FREE!

I have talked to many inventors looking to inexpensively advertise their inventions for sale, license, or investment online. Setting up and maintaining a website is quite an ordeal… believe me… I know first-hand!

Well, I have set up a brand new way for inventors such as yourself to do so. You get your own web page for your invention along with a hits counter to track how many people have viewed your invention. Prospective buyers, licensees, and investors can contact you directly by email to discuss your invention. Upload any YouTube video of your invention if you like.

Your invention will appear on the major search engines and on an RSS feed that potential buyers, licensees, and investors can subscribe to. You can purchase additional monthly visitor traffic to your personal invention web page after signing up.

To view the currently listed inventions visit: http://ping.fm/gSBdu

List your invention today. Here is what to do:

Non-Members:

Step 1. Join InventionPatenting.com for FREE to gain access to our Invention Listing Service, our Ultimate Inventor Resources, our FREE Independent Inventor’s Kit, and other member perks at: http://ping.fm/pG9Qg

Step 2: Login to your account on the “Login Form” at the left side of the web page.

Step 3: Review the advertising packages on our member home page.

Step 4. Add your invention for sale, license, or investment by clicking on the “Add Invention” link at the top of the web page.

Step 5: Purchase the Basic or Pro Advertising Package (through PayPal) if you want to send additional monthly visitor traffic to your own personal invention web page.

Step 6: Your invention will be reviewed for content then posted on your invention web page. You will be emailed with the URL of your invention web page when posted or if we have questions regarding your proposed posting.

Members:

Step 1: Login to your account at: http://ping.fm/qKjOg

Step 2: Follow Steps 3-6 above.

Note: This is a brand new service to inventors and as such we will not be able to judge its effectiveness for several months. The service will be adjusted as needed to increase its effectiveness in getting sales, licenses, and investors for inventors.

Best regards,

Brian R. Rayve

P.S. This service is only for patented or “patent pending” inventions as this service will “Publicly Disclose” your invention.

THAT MEANS THAT USING THIS SERVICE CAN RUIN YOUR ABILITY TO OBTAIN PATENT PROTECTION IN THE UNITED STATES OF AMERICA AND IN OTHER COUNTRIES IF USED PREMATURELY.

Be sure to discuss your particular invention, goals, and the like with your patent attorney or patent agent before signing up for this service.

P.P.S. Here are two good blog posts to read prior to talking to your patent attorney:

Hoping Your Patent Application Gets Published Soon – Think Again!
http://ping.fm/LMdtp/ipblog2/hoping-your-patent-application-gets-published-soon-think-again/

What Is Your “Invention Game Plan”?
http://ping.fm/av2wQ/ipblog2/what-is-your-invention-game-plan/

From: http://ping.fm/2AUQ5/ipblog2/advertise-your-invention-online-for-sale-license-or-investment-for-free/
Advertise Your Invention Online for Sale, License, or Investment For FREE! ( http://ping.fm/7Bi4k )
Advertise Your Invention Online for Sale, License, or Investment For FREE! ( http://ping.fm/32d62 )

Thursday, October 15, 2009

Don't count your clicks before they hatch!

Don’t count your clicks before they hatch!

Do you have a website promoting your new product idea? It can be a great way to promote products. However, there are many pitfalls to doing so naively.

For example, I have been spending thousands of dollars on pay-per-click search engines over the last few years to promote my website. I have received many click-throughs but the costs have far outweighed any profits made from the clicks.

Recently I read that RELATIONSHIPS count, not CLICKS! I thought to myself duh! Why did I not properly follow-up with all of the people who clicked through and signed-up to download my free Independent Inventor’s Kit? It seems so simple now.

Well, that is why I am now blogging regularly and emailing those click-throughs to establish relationships with them! Most will probably never buy any products or services from me, but those that do will be worth it (financially speaking).

Regardless, I did not get into business solely to make money (though it helps to pay the bills), but to help people. I hope that those people who never become customers are helped by the free information they get from my website.

Well, I hope that you follow-up on the leads, including paid clicks, that you get… they are worth pursuing to build those relationships and some end up as friendships.

Remember to offer some incentive (that helps people) to capture contact information… typically at least first name and email… so you can follow up. Also keep in mind that people are flooded with emails these days. Most people throw out 9 out of 10 emails they receive… so make sure your emails offer VALUE to recipients (i.e. supply some knowledge or product worth spending their increasingly scarce time to open and looking at).

In future articles I will write more tips on alternatives to email follow-up. Stay tuned!

Talk to you again soon… remember to follow-up and build those relationships!

From: http://ping.fm/W7co6
Don't count your clicks before they hatch! ( http://ping.fm/dd4AK )
Don't count your clicks before they hatch! ( http://ping.fm/QlHjW )

Tuesday, September 01, 2009

Interact With Fellow Inventors From Around the World on Our New Independent Inventors Forum!

I have wanted to set up a regular forum (rather than a blog) where independent inventors from all over the world can share their experiences patenting and marketing their inventions or new product ideas. Well, it is finally here.

The forum is multilingual on both the front end (viewing posts) and on the back end (your account to make posts) so you can talk with inventors from all over the world in their native languages!

To view posts on the front end in any of 42 languages, simply click on the drop-down menu at the top left corner of each web page of the forum. You can set the language on the back end when you register as a new user.

Inventors are pioneers… so be among the first to sign up and post to our Independent Inventors Forum.

Sign up for our Independent Inventors Forum by clicking here.

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

P.S. Be sure to let me know what discussion topics and categories you would like at: Forum@InventionPatenting.com.

From: http://ping.fm/GsWe5
Interact With Fellow Inventors From Around the World on Our New Independent Inventors Forum! (http://ping.fm/skl1l)

Monday, August 24, 2009

Supermen Diddy and Ashton Kutcher Take on Malaria With a Vengence (and Nets)!

Never before have so many millions of people been affected by a totally preventable disese known by so few people. The culprit is malaria, a micro-organism carried and spread by ordinary mosquitoes in warmer tropical and sub-tropical climates such as Africa, South America, and Southeast Asia.

The mosquitoes that carry malaria breed and lay their eggs in stagnant pools of water, rivers, and lakes. The eggs hatch into larvae that live in the water where they grow in size and mature. The larvae emerge from the water and mature into mosquitoes who mate to continue the life cycle. The female mesquitos carry the fertilized eggs and feed on blood to provide nourishment for the developing eggs. That is when the malaria organism is passed from the female mosquitoes to humans in the saliva of the mosquitoes.

The “high tech” solution to the massive malaria problem… mosquitoes nets (bed nets used to keep mesquitos away from people while sleeping… when the mesquitos are most active), bug repellents, and anti-malaria drugs (for those unfortunate people who contract the disease). No massive spending is needed to develop new drugs or medical procedures (though there are some ongoing efforts to stop the life cycle of the malaria organism)… just enough caring people to buy the mosquitoes nets, bug repellents, and anti-malaria drugs!

Longtime friends P Diddy and Ashton Kutcher have taken on the challenge of educating and motivating people around the world to eliminate malaria now. In fact, Malaria prevention was the theme at Diddy’s Annual White Party usually held on Labor Day in the Hamptons, but this year moved to Beverly Hills, California and held on July 4th. The Event was hosted by co-hosts Kutcher and Diddy.

White carpet celebrities dressed all in white to raise money for Malaria No More, a nonprofit, nongovernment organization that is working to end the malaria crisis in Africa included Demi Moore, Tila Tequila, JC Chasez, Tom Green, Marla Maples, Shanna Moakler, Tara Reid, Russell Brand, Mel B., Kim Porter, Rich Orodco, Julie Benz, Lady Victoria Hervey, Bayo Olorunto, Ashley Olsen, Charles-David Moss, Khloe Kardasian, Tyrese Gibson, Nick Cannon, Mariah Carey, Tara Reid, Chris Brown, Lindsay Lohan, Andy Samberg, Lil’ Kim, Lamar Odom, Teyana Taylor, and the reigning Miss USA Kristen Dalton.

The event raised some serious cash for “Malaria No More” (and Ashton donated $100,000 of his own money!).

How can you help? For more information, visit:

http://ping.fm/QEhz9

Donate to Malaria No More at:

http://ping.fm/8zplo

Sincerely,

Sebastian B. Macaw

From: http://ping.fm/fr2fT
Supermen Diddy and Ashton Kutcher Take on Malaria With a Vengence (and Nets)! (http://ping.fm/oWlUd)
Supermen Diddy and Ashton Kutcher Take on Malaria With a Vengence (and Nets)! (http://ping.fm/dsgDs)

Are You Discouraged About Your Making Money From Your Invention?

Lets face it… starting a new business is tough! I have been running InventionPatenting.com since 1999 to help independent inventors protect and make money from their new product ideas… all at a reasonable cost. Sounds like a simple and workable business concept right… especially when so many invention marketing companies have been taking undue advantage of new inventors for years?

Well, a new business does not “take off” on its own simply by setting up a web site (which I learned after setting it up in late 1999). It takes a lot of knowledge and hard work! Even now, having learned how to promote my web site, it is still often discouraging.

My point is that perseverance is key. If you have a new product idea that has not proven a marketing success, re-evaluate your product. Is it really as good as you think it is? Many inventors “fall in love” with their new product idea oblivious to the reality of the situation. Ask prospective customers to use and evaluate your product. Does their feedback match your thoughts about your product? If not, specifically find out why. Ask them whether they would purchase the product if they saw it on the store shelves. What price would they be willing to pay for it given its advantages (and probably some disadvantages – most things in life are a trade-off) over competitive products.

I hope this gives you some insight… and renewed inspiration. More to come!

From: http://ping.fm/8QnVy
Are You Discouraged About Your Making Money From Your Invention? (http://ping.fm/0zGOn)
Are You Discouraged About Your Making Money From Your Invention? (http://ping.fm/jbFXo)

Friday, August 21, 2009

Lost Inventor's Notebook and "Poor Man's Patents''... Oh My!

I recently received a question from an independent inventor like yourself who faced a seemingly serious situation and did not know to do about it.

She has been inventing for several years and kept an inventor’s notebook and “poor man’s patents” but misplaced them. In case you do not know what a poor man’s patent is… that is where the inventor puts a write-up and sketches (called a disclosure) of their invention in an envelope and mails it to herself. The still sealed envelope with postmark is retained by the inventor to supposedly provide some form of legal protection for the invention and inventor.

She is worried that her inventions will be stolen by someone finding the notebook or by any of several companies to which she recently sent disclosures of her inventions, she no longer having “proof” she had invented them. She wonders whether there is anything that she can do to protect herself as she counted on those inventions for her future livelihood.

My reply to her is that the poor man’s patent is an”urban legend” and is worthless in providing any protection for inventors an their inventions. Likewise, while her inventor’s notebook was a good reminder of the details of her various inventions, it provides no protection for her or her inventions since it was not notarized or witnessed.

Rather, inventors should keep an inventor’s notebook made from a permanently bound notebook, the kind in which you cannot add pages nor can you remove pages without it being apparent that a page was removed. The best notebooks are about 1/4 inch thick with 8-1/2 by 11 inch pages available at any of the big office supply stores such as Staples or Office Depot.

Make sketches, write a description, and permanently glue any photos you have taken of your invention(s) on the pages. Use a new page for the start of each new invention. Consecutively number the pages at the bottom and have the notebook notarized on the last page you have used. You can have it notarized at your local bank by a Notary Public, which is usually a free service.

You can use the remaining notebook pages to sketch and describe other inventions or improvements to the existing inventions you come up with. Have your notebook notarized on the new last page you have used every time you make a significant update to your notebook (i.e. when you add a new invention or a significant improvement to an existing invention).

Why you should you keep an inventor’s notebook? Well, lets be clear… it is NOT a patent application and your invention is NOT “patent pending”. Rather, an inventor’s notebook has a strictly limited use… as evidence of your date of conception of your invention(s), but ONLY in the United States of America (USA). That is because in the USA, you must be an inventor to get a valid patent and if there is a dispute as to who is the first inventor, the U.S. Patent Office admits proof of inventorship such as notarized inventor’s notebooks (but not your poor man’s patents).

Note also that you CANNOT “backdate” your inventor’s notebook to when you originally conceived your invention(s)… you only get the date of notarization as evidence of the date of conception of your invention(s).

Alternatively to notarization, you can have your inventor’s notebook signed and dated (witnessed) by TWO people, preferably people who have no monetary or other interest in your invention(s).

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

P.S. You can lock in “patent pending” at a reasonable price by filing a provisional patent application.

From: http://ping.fm/RPzgE
Lost Inventor's Notebook and "Poor Man's Patents''... Oh My! (http://ping.fm/RGFoL)
Lost Inventor's Notebook and "Poor Man's Patents''... Oh My! (http://ping.fm/vyAtk)

Saturday, July 25, 2009

What Is Your "Invention Game Plan''?

I. Introduction

Most new inventors have no idea what to do with their idea… and rightly so! It is new territory that even experienced inventors and companies “wrestle with” to produce their desire outcome (e.g make maximum money, defend their current product line, preclude a product line from competitors).

First of all, think about your goal for your idea, then take into account the expertise you bring to the table (or have access to). For example, trying to start a manufacturing facility to produce products based on your idea might be within the realm of possibilities for a seasoned plant manager or manufacturing engineer, but not for the average person.

In fact, starting your first company is a full-time job in itself (e.g. federal and state paperwork, setting up corporation, locating a business location, having products designed) even when you have the requisite background. Here is a sampling of decisions you might make based on your goals or “endgame”.

II. What is your endgame (i.e. What are you trying to accomplish)?

1. Sell all of my rights in my idea to a big company and be done with it.

A. Best Choice:

Have a professional patent search done with written patentability opinion to determine: 1) whether a patent is likely to be issued on your idea; and 2) how broad the coverage of the patent that issues will likely be (ie. the likely value of your idea).

File a utility patent application and approach companies after you have received a first Office Action from the U.S. Patent and Trademark Office (USPTO) so you can show the companies: 1) that a patent is likely to be issued on your idea; and 2) how broad the coverage of the patent that issues will likely be (ie. the likely value of your idea).

- Be sure to discuss the ramifications of “public disclosure” with a patent attorney and the proper use of a “confidentiality/non-compete (CNC) agreement before discussing your idea with any person or company.

B. Next Best Choice:

Have a professional patent search done for the purposes described above.

File a provisional patent application and approach companies with the patentability opinion in-hand so you can show the companies as described above.

- Be sure to follow up the provisional patent application with a utility patent application within one year that claims priority of the provisional patent application to retain its filing date.

- Be sure to discuss the ramifications of “public disclosure” and use of a CNC agreement with a patent attorney as described above.

C. Next Best Choice:

File a provisional patent application and approach companies blind not knowing what you have to sell.

- Be sure to follow up the provisional patent application with a utility patent application within one year that claims priority of the provisional patent application to retain its filing date.

- Be sure to discuss the ramifications of “public disclosure” and use of a CNC agreement with a patent attorney as described above.

D. Next Best Choice:

Approach companies blind not knowing what you have to sell.

- Be sure to discuss the ramifications of “public disclosure” and use of a CNC agreement with a patent attorney as described above.

2. License one or more companies to produce and sell products based on my idea and collect periodic payments (royalties) based on the number and value of the products sold (plus other negotiated lump sum and minimum royalty payments).

A. Best Choice:

Have a professional patent search done with written patentability opinion to determine: 1) whether a patent is likely to be issued on your idea; and 2) how broad the coverage of the patent that issues will likely be (ie. the likely value of your idea).

File a utility patent application and approach companies after you have received a Notice of Allowance stating that a patent will issue on your idea.

- Be sure to discuss the coverage of your patent your patent attorney. You should do this through the entire pendency of your patent application so you know whether it is worthwhile to continue the patenting process).

- Be sure to discuss your idea with a marketing or other specialist in the applicable industry to determine the value of your idea in the marketplace.

- Be sure to discuss the ramifications of “public disclosure” and use of a CNC agreement with a patent attorney as described above.

3. Produce (or have produced) and sell products myself based on my idea.

A. One Choice:

Note – the course you take is highly variable based on your business goals – discuss your particular circumstances with a patent attorney and the appropriate business professionals:

Have a professional patent search done with written patentability opinion to determine: 1) whether a patent is likely to be issued on your idea; and 2) how broad the coverage of the patent that issues will likely be (ie. the likely value of your idea).

File a utility patent application and do not make any substantial money investments until you received a first Office Action from the USPTO so you can evaluate: 1) whether a patent is likely to be issued on your idea; and 2) how broad the coverage of the patent that issues will likely be (ie. the likely value of your idea).

- Be sure to discuss the ramifications of “public disclosure” with a patent attorney and the proper use of a “confidentiality/non-compete (CNC) agreement before discussing your idea with any person or company.

B. Another Choice:

Have a professional patent search done for the purposes described above.

File a provisional patent application and be cautious in making any substantial money investments until you file a utility patent application and have received a first Office Action from the USPTO for the purposes described above. Prominently mark products based on your idea “Patent Pending” or “Patent Applied For”. This may discourage competitors from copying your product until you may obtain a patent in the future.

- Be sure to follow up the provisional patent application with a utility patent application within one year that claims priority of the provisional patent application to retain its filing date.

- Be sure to discuss the ramfications of “public disclosure” and use of a CNC agreement with a patent attorney as described above.

I hope this gives you some ideas on how to proceed with commercializing and making money from your invention.

From: http://ping.fm/DYFt1
What Is Your "Invention Game Plan''? (http://ping.fm/ytm5H)
What Is Your "Invention Game Plan''? (http://ping.fm/8qZCT)

Monday, June 01, 2009

Some of the Best Inventions Are Those Developed on the Job!

People come up with new ideas every day they think will revolutionize the world and make them tons of money. Most of these ideas are conceived by watching people do things during their everyday lives. While I do not want to discourage anybody from following their dreams pursuing such ideas, some of the best inventions I have seen were developed to help people do their everyday jobs.

For example, some years ago I had a client who developed a new type of wrench for doing a specific job when repairing automobiles. While his wrench had utility (was useful for doing something) and was new, the U.S. Patent Office (USPTO) could not be convinced that the wrench was a non-obvious improvement over the prior art wrenches. I had told him this was the likely result after doing a patent search, but he felt that it was worth a try (and the wrenches could be marked “Patent Pending” while the utility patent application I filed for him was actually pending before the USPTO).

Why are these ideas often better than those conceived by observation?

Well, firstly, you are intimately familiar with the problems you encounter on the job… be it a factory worker trying to lift and position sheet metal for stamping in a press, a new mother or father trying to dispose of those “nasty” dirty diapers while at least keeping some of her dignity, or even a child on his or her “job” trying to ride a skateboard down a stair rail.

Secondly, you have put a lot of thought into trying to make your job easier or safer. You face the challenge every day and must “deal with it”! You have a major stake in solving the problem. Lets face it, we all try to look out for number one. If we can save energy… why not do so. Furthermore, we obviously do not want to get hurt doing our job.

Finally, there are likely thousands… probably millions of people around the world who do the same job you do. This is a market ready to “gobble up” your new idea in a heart beat! THEY ALL HAVE THE SAME PROBLEM YOU JUST SOLVED! You get a patent on your idea where you want to control use of the idea and you are in the driver’s seat!

A word of caution. Be sure that if you work for a company or do “freelance” work for others that you have your local attorney check any employment contract you signed and brief you on any applicable state laws that apply. This is because state law or your employment or other contract you signed may dictate that your employer or freelance customer owns the idea (and any patent rights thereto) you developed on or relating to your job rather than you. Be safe and check it out!

Also, remember that there may be adverse consequences in obtaining a domestic (USA) and foreign patents if you decide to build and utilize your idea (or method) on the job. Before doing so, talk with an experienced patent attorney!

Want to see if your idea is patentable? Click on the link below:

http://ping.fm/Vj7U3

Want
to lock-in patent pending for your invention or new product idea? Click on the link below:

http://ping.fm/bFKDZ

Best
regards,

Brian R. Rayve

From: http://ping.fm/6PJMI
Some of the Best Inventions Are Those Developed on the Job! (http://ping.fm/eiIec)
Some of the Best Inventions Are Those Developed on the Job! (http://ping.fm/4mudT)
Some of the Best Inventions Are Those Developed on the Job! (http://ping.fm/KZpIb)

Sunday, May 10, 2009

Should Independent Inventors Prepare and File Their Own Utility Patent Applications?

I received a question today from a newbie inventor. She has read a book about pro se (doing it yourself) preparing and filing a utility patent application and believes that possibly she can successfully prepare and file a utility patent application on the product she is developing.

From: http://ping.fm/ZjVm2
Should Independent Inventors Prepare and File Their Own Utility Patent Applications? (http://ping.fm/h9sOW)
Should Independent Inventors Prepare and File Their Own Utility Patent Applications? (http://ping.fm/4JwoM)

Tuesday, April 07, 2009

Which Inventor and Industry Trade Shows Should Independent Inventors Attend?

I received a question today from an independent inventor like yourself asking “What are some of the best inventor trade shows like Inpex?”.

Well, my response is that there is no “one” trade show to attend. There are inventor trade shows for inventors to show-off and try to sell their inventions.

There are many more industry trade shows that are specific to particular industries such as housewares, boating, outdoors, and the like.

Here is a link to the Trade Shows portion of my Ultimate Inventor Resources:

http://ping.fm/iO3EO

Check out the inventor trade shows and the industry trade shows specific to your invention.

I hope this helps you.

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

P.S. Make sure you have locked-in “patent pending” first and know the consequences of showing your invention at a trade show before doing so! Read my blog for details in posts below.

You can lock-in patent pending at:

http://ping.fm/caVHz

From: http://ping.fm/LQk3x
Which Inventor and Industry Trade Shows Should Independent Inventors Attend? (http://ping.fm/LQk3x)
Which Inventor and Industry Trade Shows Should Independent Inventors Attend? (http://ping.fm/LQk3x)

Sunday, April 05, 2009

Hoping Your Patent Application Gets Published Soon... Think Again!

I received a question today from an independent inventor like yourself who is hoping to have publication of his patent application within few weeks. He also indicates that his invention may be protectable as a “trade secret” (as interpreted by me).

Well, I probably wouldn’t post this question and answer except for the fact that I have received the same question before.

I think that inventors are anxious to see progress in the oftentimes lengthy patenting process. Publication of their patent application is something “tangible” for them to hang onto.

In case you do not know what I am talking about, patent applications filed in virtually any country of the world are published 18 (eighteen) months after the “priority date” (a patent application may claim priority of a previously filed co-pending patent application a the time of filing) of the patent application for the whole world to see.

This publication is automatic unless you “opt out” of filing foreign patent applications based on the patent application at the time of filing the patent application.

Opting out on future foreign filings is usually not done as inventors usually want to “keep their options open” for filing foreign patent applications. For example, even though an inventor knows that he/she does not have the rather large sum of money to file for and get patents in all desired countries, he/she is knowledgeable enough to know that preserving the right to file foreign patents (by not opting out of foreign filings and not prematurely publicly disclosing the invention) might be economically valuable, say for instance an international company subsequently comes along that will pay “big bucks” for your invention if they can still patent it in forein countries where their markets are located.

Such foreign patent applications (or a Patent Cooperation Treaty Application - discuss with your patent attorney) are usually filed within the one year period after filing the initial patent application to claim priority thereof under the Paris Treaty (non-treaty countries must be filed in before a public disclosure to have an enforceable patent issue - discuss with yor patent attorney).

Inventors usually file foreign patent applications in those countries where they: 1) want to exclude competitors (i.e. the main markets for their inventions - including where they want to license their invention; and 2) want to prevent manufacturing of their invention by others (e.g. China).

Opting out or failing to file before a “public disclosure” of their invention (such as product advertising or publication of their patent application) will ruin your ability to get a valid patent in the various foreign countries.

Additionally, present and future competitors can view your patent application which by law must include how your invention works and the best way of making it (the “best mode” or way of practicing your invention).

The scope of your desired patent coverage is also revealed since the claims (legal phraseology of your invention) is published. Therefore, your competitors can get valuable competitive information about your invention.

As an inventor, at the time of publication of your application, hopefully you are in a good competitive business position having:

1) Filed any foreign patent applications (or a PCT application) you desire;

2) A patent search with a favorable written patentability opinion (done before you file your initial patent application) so you have a reasonable idea of the scope of protection and that a patent of economic value will issue; and 3) you have products based on your invention market tested and either ready to sell or already on the market (discuss the ramifications thereof with your patent attorney).

A common misconception by inventors is that you need to have an issued patent before marketing products based on your invention. Actually, you need to discuss this issue with your patent attorney up-front, which includes the sub-issues of:

1) publicly disclosing your invention; and
2) infringing (violating) someone’s patent.

Note that even when you get a patent issued on your invention, you still can infringe someone else’s patent and need to dscuss this issue with your patent attorney.

Finally, there is something called a “trade secret” which is another way to protect ideas that are not easily “reverse engineered”. This includes how to make soft drinks, processes to make products, and the like but is beyond the scope of this post. It is something you should discuss up-front with your patent attorney prior to filing your initial patent application.

It is difficult to keep a trade secret as a secret if you file a patent application disclosing it that is subsequently published for all the world to see! However, you might patent a product made using a process that is kept as a trade secret. The advantage is that unlike patents in which you get a “monopoly” on your invention for a finite period of time, trade secrets last for as long as they are kept secret.

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

P.S. You can lock in “patent pending” at a reasonable price at:

http://ping.fm/caVHz

From: http://ping.fm/2CP64
Hoping Your Patent Application Gets Published Soon... Think Again! (http://ping.fm/2CP64)
Hoping Your Patent Application Gets Published Soon... Think Again! (http://ping.fm/2CP64)

Franchises... The Good, The Bad, and the Downright Ugly!

I have been watching franchises offered by companies since the early 1980’s. While unlike the ’80’s and early ’90’s, franchises do not seem to be the “rage” anymore I have a few thoughts on them… as they apply to starting your own businesses. But don’t worry… I will present these thoughts over several emails to ease the burden of reading them!

For those of you not familiar with franchises, they are basically “canned” or “cloned’ business models that can be repeated by new “franchisees”. The franchisees “buy”:

1) a business model that works;

2) the right to use the “good name” (actually the goodwill of the business as built up in the public eye) to attract customers ready, willing, and able to buy from the franchisee;

3) a defined geographic area in which the franchisee has an “exclusive” or a monopoly on the franchise (or only a limited number of fellow franchisees as competitors in a defined geographic area such as a State); and

4) the ongoing support of the franchisor to give the franchisee the best chance of succeeding.

Some franchisors, many fast-food companies like McDonalds, have many “company-owned and run” stores and additionally have franchisee owned and run stores (franchises). Other companies are mostly franchises… the initial franchises being owned by the person(s) that started the company an the other ones cloned therefrom.

While franchises are good if the four requirements listed above are met, I have seen deficiencies in many franchise offers. Many people end up spending their “life savings” of from $5,000 to $75,000 or more and end up stuck with a 12-hour-a-day-job working for minimum wage… or worse! I will discuss in my next post.

Best regards,

Brian R. Rayve

From: http://ping.fm/D6m1D
Franchises... The Good, The Bad, and the Downright Ugly! (http://ping.fm/D6m1D)

Saturday, April 04, 2009

How Do I Open This "Gosh Darned'' Plastic Package!

As a follow-up to my previous post “Some of the Best Inventions Are Those Developed on the Job!”, another thought (actually a series of thoughts only one of which is suitable and appropriate for posting here) came to mind.

About one year ago, at the urging of my Internet consultant, Shahar Boyanan of BuzzBoosters.com, I purchased a Flip Video Camera to make video recordings for the Internet. Well, yesterday I finally decided to unpackage and use the camera.

The camera was packaged in a two-halves, a clam shell type formed plastic container, which is common for electronic devices. The halves are nicely molded with a smooth S-curve and cardboard inserts which conform to and are visible through the clear halves. The halves are heat sealed together at a peripheral seam and a hanging hole is formed at a top end of the packaging.

Well, the packaging looks nice and probably is inexpensive to manufacture. The halves are vacuum formed automatically, the cardboard inserts are machine-inserted into the open packaging, the camera and component parts (prepackaged in a smaller, non-heat sealed hinged packaging) are machine-placed into the halves, and the peripheral seam is formed.

However, as you probably already know, this type of packaging is extremely difficult to open. Scissors are my “weapon of choice” when battling this type of packaging (knives can slip and cut vital body parts). The main problem in opening the packaging is that no room is allowed between the peripheral seam and the remainder of the packaging in which to insert the scissors. Additionally, the peripheral seam forms a channel which further complicates things. I had to cut from both ends of each side towards the middle of the side until the handle of the scissors hit the packaging and then rip the remaining part off. The plastic is somewhat stiff too which hinders the cutting process.

So what is my point… to “bitch” about how hard my life is? No, but rather to point out an opportunity for you independent inventors to improve the existing packaging. This is an example of an “everyday problem” encountered by millions of people. Can you imagine how many man-hours (or woman-hours) are wasted each year using this packaging? It is the type of problem (actually an opportunity for inventors to improve something with a proven large market potential - millions of packages on store shelves) you do not need to be an engineer or have a PhD. to solve the problem.

What improvements would be desirable? Well, the packaging needs to be secure in the stores so nobody can open it and steal the relatively small (easily pocketable) camera yet relatively easy to open after purchasing the product and taking it home. That is the improvement needed. You can think of your needs as a consumer and imagine the needs of the wholesalers/retailers.

However, some current (less obvious) features of the packaging need to be retained. This is where an Internet search can “fill in” some of the details that an engineer like myself is trained to do. The packaging must be made of low cost materials (e.g. clear sheet plastic) that allows manufacture (vacuum forming) on automated package molding equipment. The packaging must be usable with current packaging equipment (with minimal modifications) to automatically package and seal the camera and related parts therein. The packaging must look good to consumers and be both hangable from display hooks and be able to stand up on store shelves. The packaging must also be at least semi-rigid to allow stacking in boxes for shipping and to protect the camera. All of this could be found on the Internet doing some research on packaging of electronics for retail display and sale.

This is a prime opportunity: 1) there appears to be a real need for improved packaging for retail electronic products as is very easily demonstrated (a proven market for the product); 2) you do not need to be an engineer or a PhD. to work on this problem since it is not a complicated product; 3) the necessary background information is easily found doing a little research on the Internet; 4) prototypes can be made inexpensively using wooden molds and a vacuum forming machine; and 5) selling your improved packaging to manufacturers is likely a relatively easy sell if you show the benefits to them (they want to help consumers if it is of little or no additional cost to them).

Well, that is a wrap for today! By the way, the Flip Video Camera really works great! It is compact, easy to use, self-contained, and is reasonably priced (depends on which model you get). It records for one hour on solid-state memory and downloads videos directly through the USB port on your computer. I used it today to record my parrots Alex and Sebastian. They really “hmmed it up” for the camera and I am going to upload the video to my Facebook page. You can check out the various camera models at Amazon.com: