So you have an invention or new product idea that you want to bring to market or sell your inventor’s rights to and make your fortune. Well, I have something very important for you to know.

Here it is… have you really thought through what you have to offer customers? Do you even know who potential customers are and in what markets? This might seem like a no-brainer, rather stupid thing to say. But trust me, most inventors I have met do not do so until I mention it to them! Let’s say you invent a new type of cooling device for public drinking fountains that chills the water in a very energy-efficient manner using thermoelectric cooling before dispensing the water to thirsty people. So you pay your hard earned money to have your patent attorney prepare and file a utility patent application for your invention as it relates to drinking fountains. You then prepare to manufacture the cooling devices by have manufacturing drawings and tooling made, rent a building, and lease manufacturing equipment. Ok, you have the commercial drinking fountain market covered and may stand to make some good money by selling your cooling devices and licensing your issued patent to other companies that make drinking fountains. But what if there is a much larger market for a version of your cooling device if adapted for use to provide chilled drinking water in the commercial home building and retail home improvement markets on kitchen, bath, and other home sinks? You may never realize the huge market for your cooling devices in home sinks and thus miss out on making a huge amount of money in the home sink market. Worse yet, let’s say that although your chilling device is great for commercial drinking fountains, for whatever reason (such as high redesign and tooling conversion costs on a relatively low volume of drinking fountain sales, or industry “inertia” in accepting new ideas… especially from an industry “outsider”) it is never accepted in the commercial drinking fountain market. Furthermore, let’s say that your cooling devices would be widely accepted in the home sink market (such as because of lower redesign and tooling conversion costs, those costs being spread over a larger volume of sinks sold, low industry “inertia”, or some combination thereof). But you have already invested lots of money, time, and effort designing your cooling devices for the wrong market, the drinking fountain market, rather than in the home sink market that could have been a major success making you rich. Now, since you missed the right market for your cooling devices, you have little or no sales and are “up to your eyeballs” in debt to pay for your patent, tooling, building rent, and equipment (not to mention “opportunity costs” such as lost wages since you foolishly quit your well-paying job to start your business rather than doing so part-time). My point is this… if you are a typical inventor, you are very enthusiastic and who want to “get rolling” on making money from your invention as soon as possible. However, whether you realize it or not, you are starting and running a new business be it: 1) a “manufacturing business” making products based on your invention; 2) a “brokerge business” finding investors to buy shares of your business; 3) a “licensing business” to patent and license your invention to manufacturing companies; 4) a “sales company” selling your inventor’s rights or your issued patent; or 5) some combination of these requires making intelligent business decisions from the start. Your main asset (besides yourself) is your invention, around which your business will be built. So doesn’t it make sense, as a first step towards your making money, to review your invention in a thorough manner? Think about all af the possible uses for your invention. What is the basic function of your invention? In this example, it is generically speaking “a device to electronically cool a fluid flowing through a pipe or tube in an energy-efficient manner”. Ask yourelf, where else is it necessary (or desirable) to cool a fluid flowing through pipe or tube in an energy-efficient manner? Well, as we discussed above, another use is cooling drinking water dispensed at a kitchen sink. Where else? Well, you need to do some serious thinking and research to determine this. Obviously, doing a “Google search” for the key words would be a good first place to start. Consulting with experts in various industries or even friends (each with a properly executed “Non-Disclosure/Non-Compete Agreement”) regarding other adaptations and uses for your invention can be a big help. The only limits are the inventor’s persistence and imagination. Another good practice is for inventors to consider all of the alternative ways to accomplish what your invention does. Try to think like a competitor who is trying to “get around” a patent that issues on your invention. What could be changed on your invention and still accomplish the same (or similar) results? And be sure to tell your patent attorney to cover the various versions of your invention in your patent application! Best regards, Brian R. Rayve Owner, InventionPatenting.com

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		Did you see the BCS College Football Championship Game last night? I know, a little off my normal subjects… but I had to ask.
I was ready to turn off the game and go to bed after Colt McCoy went out of the game on the third or fourth play and his inexperienced replacement Garrett Gilbert was not doing so well. But I was working on my laptop computer and kept the game on for some background noise. As the fourth quarter came around and the Garrett-led Longhorn offense scored some points, I found myself once again enthrawled in the game! And so I have to ask you another question… any fans out there like me that were rooting for the “Crimson Tide” to win only to change your mind to root for the “Longhorns” in the 4th quarter? Aha, I thought that I was not the only one!

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I do not know who this is… but steering so as to cut the entire lawn may be a problem! Likewise, I hope that a snooze shut-off is included so the lawn mower does not unwittingly cut the neighbor’s lawn… and the neighbor’s neighbor’s lawn… and the neighbor’s neighbor’s neighbor’s lawn… and so-on.

Actually, my father tried using one of the first self-propelled push mowers to automatically cut the lawn in our backyard in the early 1970s. He placed a post in the middle of our backyard and connected it to the lawn mower using a rope long enough to reach the outer edges of the lawn. The diameter of the post was such that one trip around the post caused a length of rope nearly equal to the cutting width of the lawn mower to wrap around the post. This continually moved the lawn mower inwardly towards the post to provide slightly overlapping cuts. Only one problem my dad did not count on… the lawn was rectangular in shape!

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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. 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 competitors from obtaining a new product line).

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.

Best regards,

Brian R. Rayve

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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:

Best regards,

Brian R. Rayve

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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://www.inventionpatenting.com/order_patent.html

Want to lock-in patent pending for your invention or new product idea? Click on the link below:

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

Best regards,

Brian R. Rayve

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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.

She worries though that she might not properly prepare her utility patent application and believes that she cannot modify her original application so she must “get it right the first time” (actually, that is incorrect… the application can be modified but: 1. new information called “new matter” cannot be subsequently added and 2. her claims as originally presented might lock her into a bad position such as for getting the broadest patent protection possible).

She does not have/want to spend her money on attorney’s fees (typically $3,500.00 to $7,500.00) to have her utility patent application professionally prepared for her. She feels her only alternative other than filing pro se is to find an investor, sometimes called an “angel”, to help her with her costs. She says “It just seems so overwhelming.” which is a typical state-of-mind in which independent inventors find themselves.

My response to her is that an experienced technical writer (or similar DETAIL ORIENTED writer who writes a lot – MANY inventors leave out parts of their invention that are CRITICAL which cannot be added later and retain the original filing date… the so called “new matter”) can adequately prepare and file their own provisional patent application, which is a complete disclosure of the invention including the component parts and how they work together (or for a method… the steps and how they work together). I have not used any of the patent preparation software on the market to prepare a provisional patent application.

In my opinion, NOBODY WHO IS NOT PROPERLY TRAINED IN PATENT LAW (shouting intended) can adequately prepare and file their on utility patent application let alone and prosecute it to issuance through the U.S. Patent Office (USPTO). Utility patent applications have strict requirements for preparation (especially the heart of the application… the claims) and will be scrutinized by a court if your invention becomes a commercial success and someone wants to invalidate it.

It takes not only the legal knowledge acquired by passing the Patent Bar Exam given by the USPTO, but about 2-3 years of TRAINING under DAILY SUPERVISION of a seasoned patent attorney. Therefore, a newbie Patent Attorney or Patent Agent (not an attorney) who passed the Patent Bar but has not been trained by an experienced Patent Attorney is not even qualified to prepare your patent application by him/herself! Would you “go under the knife” using a “surgeon” who only read a book about doing brain surgery and you are his/her first patient? I think not!

She is also contemplating using a software package to file a provisional patent application. I have not used such software, but it may be a valuable aid in preparing a provisional patent application (see below about having the results reviewed by a Patent Attorney). Regarding software programs to prepare a utility patent application, “artificial intelligence” currently cannot even adequately simulate the decision-making processes of a cockroach or a fruit fly… let alone the decision making processes of a trained Patent Attorney.

However, I do recommend doing a write-up and sketches of your invention to clarify and crystallize your invention in your mind. You CAN use a book or software to assist you in this process. HOWEVER, submit your work to a Patent Attorney to edit and finalize! I encourage you to read all you can about patents and the invention process, but be careful about your limitations.

The reason you do not hear about the improperly prepared patents written by independent inventors being invalidated by the courts is that virtually none make it to the court system by achieving commercial success. Thus, independent inventors are “lulled” into a false sense security that since “Joe the Inventor” “successfully” prepared, filed, and got his own patent, I can do so too. They do not realize that the issued patent is virtually WORTHLESS (i.e. claims offer very narrow coverage under which competitors’ products do not fall or “infringe the patent” and/or flat out invalid due to mistakes made by the inventor)!

Check out my article about pro se inventors who have already filed a patent application (separate post below).

Have you done a patent search to see if your invention is even patentable (is useful to do something, is new, and is not an obvious thing to do)?

You can use the USPTO web site if you like, though patent searching is as much an art as a science and takes doing a lot of searches to master. See:

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

I can do a professional patent search inexpensively at:

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

Also, I have two special offers on filing patent applications for a LIMITED TIME ONLY:

Prepare a Provisional Patent Application:

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

Prepare a Utility Patent Application:

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

I hope this helps you. Let me know if you have further questions.

Best regards,

Brian R. Rayve

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Lets face it… starting a new business is tough! I have been running InventionPatenting.com since 1999 to help independent inventors protect and make money from their new product ideas… all at a reasonable cost. Sounds like a simple and workable business concept right… especially when so many invention marketing companies have been taking undue advantage of new inventors for years?

Well, a new business does not “take off” on its own simply by setting up a web site (which I learned after setting it up in late 1999). It takes a lot of knowledge and hard work! Even now, having learned how to promote my web site, it is still often discouraging.

My point is that perseverance is key. If you have a new product idea that has not proven a marketing success, re-evaluate your product. Is it really as good as you think it is? Many inventors “fall in love” with their new product idea oblivious to the reality of the situation. Ask prospective customers to use and evaluate your product. Does their feedback match your thoughts about your product? If not, specifically find out why. Ask them whether they would purchase the product if they saw it on the store shelves. What price would they be willing to pay for it given its advantages (and probably some disadvantages – most things in life are a trade-off) over competitive products.

I hope this gives you some insight… and renewed inspiration. More to come!

Best regards,

Brian R. Rayve

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