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)

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)

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)

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)

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)

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: