Category: Invention Marketing

You may be wondering if you can obtain a patent and keep it a secret.  The short answer to this question is no.  Patents are granted by the patent office in exchange for full disclosure of the invention.  The details of the inventions are published and then made available to the public.    Publication takes place at various stages of the patent procedure.  The patent document is only published after the patent is granted in some countries.  In other countries, patent applications are generally published 18 months from the filing date or the priority date.

           You might also wonder if you can discuss the details of your invention with an investor before filing the application.  The answer to this is also no.  It is important to fila a patent application before your publicly disclose the details of the invention.  Any invention which is made public before an application would be

Most successful inventors and product development companies will start with a Proof of Concept Analysis before they start spending money.

A full Proof of Concept Analysis consists of three important parts.  These consist of Business Analysis, Ownership Analysis and Product Analysis.  You might want to consider starting with the one that you consider to be the weakest link in the chain.  For example, if you think ownership might be an issue, you might do a pretty strong patent, product and industry search, especially if you think you have seen something similar.

Next, you probably want to do an overview and make sure your invention is worth pursuing.  The questions you come up with will help form the basis of your development process.

For the Business Analysis, you want to identify the market’s size. You can do this by using statistics found in trade magazines and websites, the Census, the Bureau of Labor Statistics or by comparing a similar or competitive product.

After identifying the market’s size, you should consider the basic cost and price point, which you derive from by comparison.  For example, a motorized sheet metal cutter could be guesstimated by adding the cost of a drill with a motor approximately the size you need and a manual cutter.  You could simply add them up with a factor for assembly and you’ve got your retail price point.  Do you think that this is in the price range of your potential customer?  If so, you could move forward.  If not this will give you some idea of what you should do.  

A business analysis cannot be complete without having an understanding of how the industry works and who are the players.  

For the ownership analysis, you should do a preliminary patent, Product and Industry Search so you can determine how much you could own and how important this is to the success of your product.  You should also look in the stores, catalogs and on the web for competitive products that are not patented.  Also look at company or manufacturers catalogs and websites to find products that may not have a patent and have failed miserably in the market and therefore will not be found for sale.  These also still count. 

For product analysis, you need to have a working prototype to work with and find the flaws.  

By doing this product analysis, you can better allocate your hard earned resources to a winning invention or come up with something better another day.  

You could always discuss your inventions or products with a patent attorney and they can help you determine if your invention is worth your time and money.

If you are seeking the benefit of marking your invention as “Patent Pending”, you must make a good faith effort to make sure that your invention is properly marked.  If you mark your invention as “Patent Pending” this should be effective.  When using this notice, it alerts the public that your invention may soon be patent protected and that once a patent is issued, you have the right to initiate a patent infringement lawsuit against someone who is potentially infringing on that patent and you may seek seek monetary damages or other remedies for the copying, etc. of your patented invention.

You may only mark your invention as “Patent Pending” if the patent application has been filed with the Patent office.  Also note it is a criminal offense to mark or offer to sell an invention as “Patent Pending,” when a patent application has not been filed yet.

In deciding how and where to mark inventions as “Patent Pending”, you should be mindful of the purpose of giving public notice.  For example, patent markings may be formed directly on the “Patent Pending” article by etching, molding, or printing, or if you are unable to place the marking on the invention itself due to “the character of the invention”, the notice may be provided on the packaging of the invention. In addition, there may be particular challenges that you may endure to properly mark an invention.  For example, often times, labels may fall off in transit.  The courts will generally follow the “rule of reason” approach to hold that constructive notice is achieved when the patent applicant or patentee consistently mark substantially all of the inventions.

Once a patent has been issued for the invention and you are a patentee rather than a patent applicant, the marking on the invention should be changed from “Patent Pending” and instead be marked with the patent number and marked as follows: e.g., “U.S. Pat. No. XX,XXX,XXX”.  You can find examples of the proper use of the patent number marking on the products and packaging of many reputable manufacturers, if you would like a better example.  Also, recently, the America Invents Act (AIA) allows patented articles to be marked “virtually” via the internet.  

It is best to consult an attorney to determine how to mark your invention ‘virtually” and before moving forward with notices or marking of your invention.

A prototype for a patent is a model, first creation, draft, or patent drawing of an invention. You might wonder if you can patent your idea without a prototype? Prototypes are required in rare cases.  For example, ideas for time machines or free energy devices do require prototypes.  In most cases, you can patent your idea without a prototype but it can be useful in showing the United States Patent Office that your invention works properly and it is not just an idea.  Examiners do prefer to see a prototype but prototypes can be costly. Therefore, if you believe you can submit a patent application that sufficiently describes your invention in great detail than you can take the chance of going without a prototype.  

Even though developing a prototype could be costly, an advantage of developing a prototype is that you could learn additional details about your invention and you may make changes and improvements during prototyping which might improve your chances of your patent being granted.  A prototype could explain your idea much more thoroughly than other patent application resources like the drawings or descriptions. Because of the fact that details and fully understanding an idea are critical in the patent application process, it may be a good idea for you to create a prototype.

Also, creating a prototype does more than just increase the quality of your patent application. Building a working prototype requires extensive research and consideration. Prototyping helps the inventor understand the requirements for production of an idea such as the design, procedure, and limitations. Additional benefits to prototyping your idea include: determining whether the invention will work or not; deciding what modifications should be made to the invention; finding out and fixing potential design problems; identifying alternative solutions to problems; and marketing the invention to third parties, such as donors or buyers.

If you are wondering if creating a prototype is best for you, you should seek the advice of an attorney.

Do you wonder what licensing a patent is?  It simply means that you, as the patent owner, grants permission to an individual or organization to make, use or sell your patented invention. Licensing takes place according to agreed terms and conditions, for a specific purpose, in a defined territory, and for an agreed period of time.  In other words, licensing the patent is a mutual agreement between an individual or companies or a company which you choose to make, use and sell your product in the market. As you are the patent holder, your ownership for the invention is retained and you enjoy royalty payment on the product.  It is always best and recommended to license your patent to a company that is one of the top players in capturing market interest already in the subject of your invention. In that way, your patent would fit the product gap.

Why would you want to license your patent? You may not have the necessary manufacturing facilities, for example, and therefore you now have the option to allow others to make and sell your patented invention in return for “royalty” payments. Another possible reason is you may wish to concentrate on one geographic market and therefore you may choose to grant a license to another individual or organization that has interests in other geographical markets.  Entering into a licensing agreement can help build a mutually-beneficial business relationship. Licensing also is a very convenient and easy method to convert your idea into reality without having to invest any resources but ensuring a lifetime of royalty. In this case, the lifetime refers to the patent and not the patent owner or inventor. Also, you would have no manufacturing or distribution costs if the product is licensed to an individual or company. This would leave you free of liability but you could still enjoy royalties.  If you license your patent to a  well-known company, your product is more likely to enter the market in a faster and shorter period of time.
An attorney can help you get a simplified patent licensing strategy and write a license agreement with the terms and conditions that you desire.

If you have a patent or invention, you probably have wondered how you would bring it to market.  There are steps to bring your product to market that has two major principles and thoughts behind it.  It should be as simple as possible and each step should require a small investment until you, as the inventor, can feel confident that the idea is worth moving forward with.

The first step is idea conception and evaluation.  This is the step to see if you should develop your idea.  You could do a preliminary patent search to see if your product is worth pursuing and search for patents that are similar to your idea.  You could use free search engines such as Google Patent Search or the Patent Database at the United States Patent and Trademark Office.  

You should think about the following to evaluate if your product is worth pursuing or not: (1) is your idea feasible to create based upon your ability to do so; (2) can you produce it without spending a lot of money; (3) how much competition is there; and (4) does your product make other people say “Wow”?

The second step is to determine your target market.  With a narrow target market, sometimes you can market your idea more effectively and have more effective market research.  At this point, targeting the right market is crucial since the other steps are geared toward creating the perfect product, packaging, marketing, image, etc. for that target market.

The next step is inventor market research to predict success.  You should conduct meaningful market research for your idea within your target market.  Your results should show how people compare your products to other products.  You should also create a brochure or prototype for your product so people have something they can objectively evaluate.  You should also get an estimate on how much your product will cost to manufacture.  Create surveys, questionnaires or study groups to compare your product with other existing products. After conducting this market research, you should come up with some ideas on how to improve your product.  Make the necessary changes and repeat the market research until you are satisfied with the results.

The next step is to make a looks-like, acts-like prototype for your product.  This will help you determine if your idea works the way you think it will.

The next step is to take a serious look at your patent options and hire a patent attorney or agent to conduct a patent search for you and use these results to figure out your patent strategy.

A patent won’t work in every circumstance so that is why it is important to consult a professional.  There are also other steps to take to market your product and that is another reason you should consult an attorney so that they can guide you along the way to market your product or at least recommend someone to help you market your product.

You are probably wondering when is the best time to market your invention.  After you secure patent pending status is when you should market your invention.  You can secure patent pending status by filing a patent application.  If you do not wait until you secure patent pending status, you risk losing your patent rights if someone else files a patent application before you while you are marketing your invention. 

You, as an inventor, have a one-year grace period to test market your invention.  The one-year grace period starts when you begin to market your invention. United States patent law describes marketing activities as three distinct activities.  These are    public use, offer for sale, and distribute a printed publication of the invention without filing a patent application.  Inventors engage in these activities when they market or commercialize their inventions.   You can always also file a patent application before the one year period is up.  But, if an application is not filed within one year of starting efforts to market the invention, the inventor is barred forever from seeking patent protection.  It is not recommended to rely on this one-year grace period.  If a third party files a patent application related to your invention before you file your own patent application with the United States Patent office, the third party’s actions would be considered prior art and could invalidate your patent.  This is known as “First-Inventor-to File Regime.”

The big problem if you market your invention before filing your patent application is the third party will get the patent even if the third party saw the invention and copied it as long as the third party is the first to file.  You could have recourse against the third party but this could require lots of time and money.  Litigation is very unpredictable and it may not be economically feasible in this situation.  Therefore, the one-year grace period is solely personal to you and your situation and not something and should not be relied on to safely market your invention before you file the patent application with the United States Patent Office. This is why you should market your invention after filing a patent application to secure patent pending status.  You can still market your invention before you file the application but it is not worth losing your patent protection after invention after investing time and money into launching your product.

You should consult with an attorney so they can advise you when you should market your invention and the necessary steps to file your patent application.

 One of the problems of getting your invention idea started is finding the money, if you don’t already have it.  Your invention idea may seem expensive and costly to create and produce but there are a few methods by which you can attain the funds necessary to get your idea started.

Think about asking your friends or family for a loan.  Tell them your idea and explain to them what it is about and your plans.  If they believe in your  invention, you could ask them if they can help you fund your idea and let them know that you plan to pay them back.

You can start by writing a solid business plan to present to potential investors. The investors want to see how your invention can make them money.  If you are not able to write the business plan yourself, you can hire someone to do it for you.The plan should describe in detail how much money you will need, what the money will be used for, how you plan to manufacture, market and distribute for sale your patented product, and what income and potential profits will be generated.  You should ask for enough money to fund the entire project.  A fully researched business plan will help you avoid starting out with not enough money.

You could also seek out money through government offices.  There are grant and loan programs to sustain a new product through the patent and initial development stages through branches of state and federal government. For example, the United States Department of Energy gives grants for developing inventions that benefit the environment and reduce household energy use.  Many communities also have incubator programs that provide funding and assistance for patent applications and assistance with startup. You can find a list of these sources at your local chamber of commerce, or local college or university.

You could also present your product for patent to venture capital investment groups for consideration in their next round of funding.  Venture capitalists do understand all phases of developing and bringing a new product or invention to market. Not only can they provide money but they can also guide you with the best professional assistance through the early stages.  They can suggest a local patent attorney or patent agent.  Be careful with venture capitalists because they sometimes have strings attached.  You should be prepared to negotiate how much ownership you will dispense for the patent funding you need.  Look out for patent assistance offers that require you to do little more than send in your money. 

You should seek an attorney for patent assistance before choosing where to spend your money.

Selling an invention without a patent can be challenging but it can be done. Here are some steps on how to go about doing that.

First, apply for a provisional patent from the United States Patent office.  This step is much simpler and than obtaining a full patent.  It also provides you the same legal protection for up to 12 months. 

Second, maintain an inventor’s logbook, which is a detailed diary that documents all the steps you plan on taking to develop your idea or invention.  Always include the date with each entry you make.  This helps show that you developed the idea yourself.  This is necessary if someone else files a patent for the same idea, you can show that you were the first person who invented the product.

Third, you should approach companies in your field that do not already sell a similar product about licensing. Contact marketing managers that are in your target companies and talk to them about your idea

Fourth, you could use an intermediary firm. These companies are “middlemen” to license products to corporations in exchange for part of the license or a flat fee.  They often have good insider knowledge and contacts.  You should also network with other inventors for contacts. 

You should also attend state and national invention conventions. These shows bring together inventors and corporations for products to invest in and develop. Licensing companies also attend these conventions and they do not expect you to have a patent in place.  Another way to sell your idea without a full patent is to license your patent.  These licensing companies are often looking for profitable ideas that generate sales so you could license your idea to these companies if you want to start earning money.    

Also, if your idea is an invention that can be put to use, you might be able to sell it directly.  There are submission companies that will either provide services that help you sell your idea or allow you to sell the product directly to consumers over the internet. You will have to first find the submission company you want to work with.  There are multiple services that these companies offer that you can take advantage of, including graphic illustrations, press release development and publication lists that include information about where you can sell your idea.  

Seek an attorney’s advice if you have any questions about selling your idea without a patent.