Inventors are often confused about what the best course of action to take to protect and profit from your invention or new product idea. Well, you have arrived at the right place.

Our new “Inventor’s Decision Assistant” below is designed to guide you in the right direction. Simply answer some basic questions about your particular situation and we advise you on what options are best for you. You receive your custom “Inventor’s Decision Assistant Report” by e-mail within 1-3 business days. It is absolutely free so you have nothing to lose! We value your privacy. Your information is confidential an will never be sold or otherwise provided to third parties. Inventor’s Decision Assistant After you complete the “Inventor’s Decision Assistant” click here to view some offers on our products and services designed especially for independent inventors like you. Best regards, Brian R. Rayve Owner, InventionPatenting.com

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A member of my Facebook group “Independent Inventors – Help Has Arrived!“, Tony Waithe, recently told me his story of trials and tribulations in getting his inventions to market in Great Britain. Though he has already received quite a bit of media attention for his inventions, I hope that getting his story out helps him achieve greater success and helps to motivate other inventors who are struggling making money from their inventions. The struggle to get his fire escape ladder (shown above), called the “Great Escape Ladder” on the international market have been a very testing journey to say the least. As Tony states in his on words: “During my research in regards to building regulations for homes owned by landlords who buy properties to rent to tenants, I discovered that most of the properties were not complying to the rules in regards to houses converted into four – five apartments. The rules state that all dwellings above 4.5 meters from the ground floor must have a secondary means of escape in case of a serious fire which might block the main exit route out of the building. The fact is none of the many millions of homes have a second means of escape for themselves or their loved ones and the result is that peoples lives are at risk (which is a health and safety concern) and against their human rights to be housed in a decent and safe home. Insurance companies could benefit by providing their clients with an insurance policy which encourages their clients to have the fire escapes installed in their homes. Insurance companies should refuse to insure their clients if these standards are not complied.” The Great Escape Ladder is stored neatly and compactly under the window sill of the inside of every bedroom or building until needed in a fire. It can be used from a window, a balcony, or even a roof top of any building and is easy to use. A user simply pushes a device clamp onto a wall mount, then rolls the Great Escape Ladder onto the window sill or ledge. With one push forward, a stowed rope ladder is ejected outwardly while a hinged rigid ladder section falls out and downwardly so that a handle/toe piece comes to rest against the exterior wall of the building. The user steps onto a platform and finds a first rung of the ladder section. While holding onto two main support rails, the user lowers the weight of his/her body down onto the ladder section then climbs down the rope ladder to safety on the ground. Tony has sourced a manufacturer to make his Great Escape Ladders, has tooling costs, product costs, and a target selling price. Here are his frustrations in his own words: “I often hear from businessmen I’ve met that they want me to provide concrete orders before they will invest but I am of the conclusion that I wouldn’t need them to invest if I could secure such orders by myself. What I really need is someone or an organization who believes in me and more importantly believes in my product designs to invest at its early stage so that my products can be licensed and orders can be determined. I sincerely believe that if I can find the right people or an organization to support my award-winning products and supply me with the backing and funds so that an international PR campaign can be constructed to supply major companies who could stock and sell the fire escape ladders to as many outlets as possible, that we will all be on a win-win for everyone involved. Please help me to help the masses make their homes a safer place to live in.” You can contact Tony through his Facebook email. Best regards, Brian R. Rayve P.S. Here are some video clips of Tony’s media interviews. Tony Waithe, The story, the Journey, The Mission Tony Waithe and the oscar winning Wallace and Gromit on BBC News talking about inventions, the Science Museum, and how kids can start to be more inventive in the 21st Century. Tony Waithe being interviewed by Britian’s most famous Grand Master of Invention Trevor Bayliss on Channel Four TV’s “The Big Breakfast Show” presented by Phil Jupitus. Message to governments around the world to support inventors

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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://www.inventionpatenting.com/ultimate-inventor-resources.html

and to our “Companies That Accept Product Submissions From Independent Inventors”:
http://www.inventionpatenting.com/companies-that-accept-new-products.html

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”).

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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

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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://www.inventionpatenting.com/provisional-patent-kit.html Best regards, Brian R. Rayve Owner, InventionPatenting.com

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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://www.inventionpatenting.com/inventors-guide-big-box-retailers-cd.html Best regards, Brian R. Rayve Owner, InventionPatenting.com

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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.

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I received a question from an independent inventor like yourself wondering whether she needs a signed confidentiality/non-compete agreement with her patent attorney before disclosing her invention.

Well, attorneys (licensed by a State Bar Association) as well as patent attorneys (additionally licensed by the U.S. Patent and Trademark Office – USPTO) are respectively bound by State Bar Association and USPTO ethical rules. These ethical rules typically obligate attorneys and patent attorneys to keep matters of their client and prospective client (e.g. a no-cost initial consultation) confidential. Therefore, such a signed confidentiality/non-compete agreement is typically not needed.

Once an attorney formally takes on a person as a client, there typically will be a formal Engagement Agreement signed between the two parties that covers the scope of the attorney’s engagement (work), confidentiality, and other such matters. However, a patent attorney should be willing to sign a confidentiality/non-compete agreement before discussing your case if it makes you feel better. If not, find a patent attorney who will sign one.

Patent agents are non-lawyers who are licensed by the USPTO to attend to patent (not trademark) matters before the USPTO such as to prepare and file patent applications, prosecute them to issuance, and post-issuance matters such as maintenance fees Patent agents cannot attend to licensing (state contract law), trademarks (state trademark law), or attend to other legal tasks which require an attorney. Patent agents are bound by the same USPTO ethical rules as are patent attorneys and thus typically do not require signed confidentiality/non-compete agreement unless it makes you feel better. You may want an agreement similar to a Engagement Agreement that attorneys use anyways.

Note that just because an attorney, patent attorney, or patent agent is licensed does not mean they have the skills you require to get the job done. It simply means they have passed a “minimum requirements test” (i.e. the applicable State Bar Exam and/or USPTO Bar Exam). While new attorneys, patent attorneys, and patent agents are supposed to (by their licensing requirements) seek and be under the daily supervision of an experienced attorney or patent agent, be sure to ask their experience level and the number of patent applications they have written before using them. Also note that they must have been TRAINED for 2-3 years under the daily supervision of an experienced patent attorney or agent An untrained patent attorney or patent agent that has written a lot of patent applications probably has written a lot of JUNK (patents that issue will be extremely narrow in scope uch that it does not cover competitor’s products and/or will not hold up in court when you sue someone for patent infringement).

For state law such as licensing your invention, forming a corporation, or filing a federal or state trademark, be sure to consult an attorney in your home state (or in the state who’s law you want to apply). Call your State Bar Association if you need an attorney referral. Attorneys are only familiar with and licensed to practice the law of the state(s) in which they are licensed.

A patent attorney or patent agent can practice patent law before the USPTO regardless of where in the world they live. Note that each country (and group treaty) tests and licenses its own patent attorneys/agents. See my article “Is There Only One Patent Office – The One In The United States of America?”.

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

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

http://www.inventionpatenting.com/file_a_patent_application.html

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I received a question from an independent inventor like yourself in the United Kingdom basically asking “whether the only patent office is the U.S. Patent and Trademark Office (USPTO) in the United States?”.

Well, my response is that is that each country has its own patent office to accept patent applications for that country and which issues patents for that country. You get patent rights only in those countries where you have an issued patent or a treaty country in which you register your treaty patent as explained below.

Therefore, you can file individual patent applications with the patent office in each country in which patent protection is desired (e.g. drop off, mail, courier service, or electronically depending on the particular patent office).

Alternatively, there are also several patent treaties which allow the filing of a single patent application for all member countries. For example, an inventor (anywhere in the world) can file individual patent applications in the various European Union (EU) countries and individually prosecute them to issuance as patent. Advantage – If you do not get a patent in one country, you may get one in another country. Disadvantage – cost to prosecute and government fees to get separate patents.

The EU also has one of these patent treaties that allows the filing of a single EU Patent Application. It is much more expensive to file than one in a single country, but there is only one application to prosecute to issuance as a patent. You then pay a relatively low fee to register the patent in those EU countries in which you want the patent to be enforceable. Advantage – Only one application to prosecute to issuance as a patent. Disadvantages – Expensive to file. You have “all your eggs in one basket” so getting a patent to register in all of your desired EU countries is dependent on ne application.

Contact a patent attorney in each country where patent protection is desired for filing individual patent applications in those countries. Contact a treaty patent attorney such as an EU Patent Attorney for filing a EU Patent Application.

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

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

http://www.inventionpatenting.com/file_a_patent_application.html

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I received a question today from an independent inventor like yourself asking “I have an invention. What do I do first, do I make a prototype then patent it? If so I would have to have help with some parts. Are there companies out there to help with parts to make the prototype?”.

Well, my response is that you should file a patent application to lock-in “patent pending” first. You obviously do not want your idea stolen. Then use a confidentially/non-compete agreement (search Internet for one used for patents) with anyone you need to disclose your invention to, such as somebody making a prototype for you. Use the agreement and do NOT advertise your idea (such as on the Internet) at least until you discuss the ramifications of a “public disclosure” with an experienced patent attorney.

Regarding making a prototype, you do not need to make one in order to file a patent application unless you (or a person you get to evaluate your idea who is more experienced in the particular technology involved) are not sure the idea will work. Then, you might have an inexpensive prototype made to prove the concept. Still, I would not wait long before filing a patent application as there may be time limits on filing a patent application based on what previous marketing activities you have done.

Prototypes are mainly made to help sell your idea to potential investors, to get feedback from potential customers, and to assist you in selling any patent rights you may have in your idea to a person or company interested in buying you out.

I see a lot of people making expensive prototypes as the first thing they do. I am a advocate of the “scissors, cardboard, and tape” (or box knife, artist’s foam-cored cardboard, glue or rivets, and paint) approach to making prototypes. You would be surprised what you can make yourself (even without any experience). Advantages of doing at least the initial prototype yourself include: 1) it is MUCH CHEAPER than professionally made prototypes; 2) it helps you find problems and new approaches (even alternative or better designs) to your idea (you might have invested a lot of money in a less-preferred design); and 3) it can serve most or all of the purposes of a professionally made prototype.

Even if you are intent on getting a professionally made prototype made, consider having a prototype of the type described above initially professionally made for the reasons stated above. Once you have determined the best design and any improvements you want to make, you can have a “brick and mortar” (wooden, metal, or plastic) prototype (the expensive type) made of your preferred design with all of the improvements!

You can lock in “patent pending” at a reasonable price by filing a provisional (locks-in patent pending for one year – file a utility patent within the one year period that claims “priority” of the provisional patent application) or a utility patent application at:

http://www.inventionpatenting.com/file_a_patent_application.html

Best regards,

Brian R. Rayve
Owner, InventionPatenting.com

P.S. I will be adding a list of prototype companies to my Ultimate Inventor Resources at:

http://www.inventionpatenting.com/ultimate_inventor_resources.html

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