by Jacquelin » Wed Jun 11, 2014 9:54 am
Dear Inventor, I can't totally understand your question so I'll try to answer what I think you may be asking:
Q1. I have Created an idea.. for a product already on the market, some sort of help or update for the product, and i want to know what to do first , is it to patten idea..
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Your question is(I hope): you've created an idea(as opposed to an invention) and it "will become"(when an invention) an improved version of something already in the marketplace and you want to know what to do first, such as, "patent" the idea(pattern?). a) If the above is your question, one of initial steps is to pull together as much research off the Internet about the marketplace such as: what will be your invention’s market segments? Describe buyer types? What will it cost(wholesale and retail)? What will is cost to manufacture? What companies stock/sell products like it? What companies manufacture/distribute products like it? How much will it cost me to launch it in the marketplace, etc? b) If one answer is that you have no money and no one to lend it to you , your other choice is to take the Licensing route to market. You or whomever makes a list of companies willing to invest in inventions or products
c) No! you do not try to patent the idea first. One reason is that "ideas" alone are not patentable until they have been reduced to inventions by either(i) building a prototype and keeping accurate records and dates during construction phase and receipts for costs to build it. Such data is usually recorded inside a Laboratory Notebook as evidence it was you who came up with the idea first(hopefully) and reduced it to an invention or you could(ii) file some form of a patent application(no sense filing anything until you work out how to "make and use" it) or you could reduce your idea into an invention by rendering detailed drawings of it, or you could(iv) file some form of a patent application on it. I would suggest at this stage you perform an informal novelty patent search on www.google.com/patents using a few keywords(five or less) to try to find patents close to your idea. Why? If the device is already patented or you find something so similar it would be deemed "equivalent", there's no sense trying to reinvent the wheel so you move onward to your next invention. Now, if you could figure out how to design-around what you found without potentially infringing it all the better.
After your preliminary patent search and if nothing of consequence surfaces(write down patent numbers and issue dates under each patent number). Later order a professional patent search revealing the patent numbers/issue dates you found in your search BUT ENSURE IT IS accompanied by a written legal opinion(costs $550 or less). WARNING: IT MUST BE ACCOMPANIED by a written "legal opinion" on an attorney’s letterhead otherwise don't pay as likely you'll be getting some form of a "back office" patent search then later a phone salesman will attempt to extort from you between $6,500 -$25,000. Some companies even encourage inventors to pay by these ridiculous fees by the month to take the edge off total costs. Q2. then go see a, iether one of those helpinvent* x companie, or corpooration!
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Your question is(I hope): After doing all the above I should visit an invention marketing company like those who advertise on TV?
a) NO!!!!!!! You do NOT visit an invention marketing company who ask for money up front. Here’s how they work: In Phase 1 they do either a free patent search or they charge around $650-$750. Their searches are usually not accompanied by a written legal opinion so don’t use them!! In Phase 2 their phone salesmen extort $6,500-$25,000 and up to “try” to market inventions. They provide a bunch of other promotional services and claim to send invention information to companies. In my personal opinion I would ignore these telemarketing phone salesmen who get paid out of money they extort over phone lines from inventors. Instead locate your closest not-for-profit inventor’s club where you learn the steps(for free) of bringing a product to market. One also gets to listen to speakers and mix with fellow inventors. WARNING! Keep away from 1-800-TV invention marketing companies as they are all after the same thing -- MONEY. Q3. How do i prepare myself to introduce my self, and my idea knowing my idea is protected. would you let meknow please. thanks for the help. -------
Your question is(I hope): What do I do to prepare myself to introduce my invention to companies knowing my idea is now protected? a) You do not. If you speak as you write you would be making a grievous mistake by trying to speak with business professionals whom you hope will invest hundreds of thousands of dollars to bring your invention to market. Therefore, join a local inventors club to find someone who speaks excellent English with the confidence and skills to assist you who has done it before so knows most of the ropes! b) Protection in the form of a patent takes +/- 3-years. There is no protection until a patent is issued by the U.S. Patent and Trademark Office. One could file a Provisional Application using during its one year patent pending term “Non Disclosure/Non Compete Agreements”(NDAs) "if" companies are willing to sign them. Usually the majority are not. Instead they want you to sign their Non Confidentiality Agreements indicating they agree to keep NOTHING confidential. Some will sign but it will be their Confidentiality Agreement seldom your NDA. In closing, locate your closest not-for-profit inventors club to get lots of free advice and learn steps involved in bringing a product to market. Also, in any local Patent Depository Trademark Library(usually within your central library) there are personnel willing to guide you with books and other free services. If you have further questions be sure to send me a follow-up email. Regards,
Penny Ballou