Patent Pending/online Patent

[Duston]

Penny,

First of all, I'd like to say thank you for taking the time to read my concerns/questions regarding my potential Utility patent.

I have, according to the online patent company I used, "patent pending status" on a certain type, of a much needed, Ipod/Iphone holder. In fact,I have received a letter from the USPTO stating they received my application and it's under review. My first concern is that I hope I can trust the online company that I used and that my idea doesn't get stolen. Secondly, I do have a working prototype, but I'm not sure where to go from here. I have looked online and read Griffin and Belkin's idea submission forms. I'm just not sure that I can trust disclosing the info/pics on my idea, without getting ripped off. How is one to know, whether or not they tell me that they have thought about this idea already and/or are already working on it? I'm not sure if I should go down this road, to have an existing company manufacture/sell my idea,(I guess royalities) or find a company to make it and then market it myself. If so, how does one go about this?

I must add that I did go through a regular patent attorney to do my patent search. Any help and direction would be greatly appreciated!

Thanks so much,

Darrin

[Fremont]

Hi there Darrin, Good to hear from you and thanks for thanking me(in advance)! I've sliced and diced your issues so I can focus on each and hopefully not miss any.

U WROTE 1. I have, according to the online patent company I used, "patent pending status" on a certain type, of a much needed, Ipod/Iphone holder. In fact,I have received a letter from the USPTO stating they received my application and it's under review. a) Now that's odd. If one uses a patent company, attorney or agent usually they receive any response as one typically signs power of attorney(for IP/legal issues) over to them. Very strange unless the patent company, attorney/agent forwarded you a copy of what was sent to them from the patent office? In fact, if represented by an attorney/agent the patent office would never respond to the inventor unless one cancelled power of attorney or due to death of one's legal rep etc. One other scenario is if one used a patent ghost writer who sent one the docs to file as a Pro Se inventor meaning correspondence from the patent office will come to you as it appears you wrote the application too. If that's so, what's your experience prosecuting patent applications? Fabulous I hope as it's been my experience patent office examiners know how to slice and dice applications during prosecution leaving one sometimes with only a vague replica of what was originally filed.   

2. My first concern is that I hope I can trust the online company that I used and that my idea doesn't get stolen. a) If they are a registered patent attorney or agent then they are officers of the court so, IMO, no worries. If they are not, Oh!Oh! On the flip side, generally successful products get designed-around and  stolen not ideas requiring significant capital investment to bring them to market. It's not that it doesn't happen it is just unusual in the case for the small inventing community versus monolithic commercial giants.  

3. I do have a working prototype, but I'm not sure where to go from here. I have looked online and read Griffin and Belkin's idea submission forms. I'm just not sure that I can trust disclosing the info/pics on my idea, without getting ripped off. a) Your attorney should read it. I've read Belkins and it's(blank). I don't like it since you don't have a patent. And, they want to see one's pending application(huh!!!!) That's what I call getting a "free peep." Speak with your attorney as there's no way in "H" I'd submit "right out of the gate" to them without first trying their lessser competitors who may have lighter submission policies in an effot to "scoop" viable competitive products from right under them(increase market share etc). 4. How is one to know, whether or not they tell me that they have thought about this idea already and/or are already working on it? a) Exaxtly, unless "one" is endowed with ESP! Were they a corp' that would sign an NDA including a clause wherein they are required to disclose anything past, present and future similar or "equivalent" they've worked on or are working on or intend to work on ----within 48hrs of receipt of one's submission. 5. I'm not sure if I should go down this road, to have an existing company manufacture/sell my idea,(I guess royalities) or find a company to make it and then market it myself. If so, how does one go about this?

a)Potentially an up-front "non refundable" signing fee too and, let's not forget a clause to the effect a percent of any sub-licensee(s) fees(if you give them that right or reserve it) and let's not forget...(many choices to insert in any licensing agreement but whether or not they or you would agree to all of them is another issue).   

b)Now you're talking the difference between Licensing and Direct-to- Market(Self-Venture)routes. Time to start thinking investors if the latter. If the former, it's a matter of identifying and carefully prequalifying likely licensing candidates with submission policies one an stomach.  

6. I must add that I did go through a regular patent attorney to do my patent search. a) Sometimes okay. Most attorneys do not spend their time searching patents as a full time activity as there's no money in it hence why I use a professional patent searhc firm. They get paid only for a search and have no interest in "possibly" accidentally overlooking prior art in order to scoop patent application writing and prosecting fees. I like to everyone separate to prevent ....(ummm, collusion?) 7. Any help and direction would be greatly appreciated!

a) Trust the above helps somewhat. Here's a little tip: * Line up more entities for potential license than the two mentioned. Focus on qualifying their lower tier competition. Griffin for example only had give/take 60 employees last year and its estimated sales(in the millions) were only a meager 10.5. Whereas Belkin had 550 employees and its estimated sales(in the millions) were 116. So, I'd be wanting to prequalify, research, and study what their competitors were up to and their financials. On its face Griffin is a small entity.

* I haven't researched Griffin or Belkin in any depth but don't overlook their competition such as Griffin's Sonnet Technologies and Xtrme Accessories to see what their submission policies were and how they're doing financially it might be worth it. Belkin's competitors include Adaptec(167 mill in sales last year and 598 employees), Cisco-Linksys(68 mill in sales last year) and Netgear(728 million in sales last year!!!!!!!!!!!! with around 518 employees).  

In closing, feel free to contact me off-line. You'll find my contact info in any search engine. Also, spread your wings before becoming potentially carrion.  

Regards,

Penny Ballou