Posts Tagged: "invention"

Perhaps Edison’s most famous invention was the light-bulb. Truth be told, however, Edison didn’t really “invent” the light-bulb. Edison significantly improved upon the technology by developing a light-bulb that used a lower current electricity, a small carbonized filament, and an improved vacuum inside the globe. Edison’s invention lead to a reliable, long-lasting source of light. Prior to Edison’s invention light-bulbs lasted only a few hours, but after Edison’s improvement light-bulbs could last 50 to 60 days, making them practical for the firs time. So it is entirely fair to say that Thomas Edison invented the first commercially useful light-bulb, which was an improvement on previously existing light-bulbs.

To raise money to get your product to market, you must be able to logically show that it will generate sales volume in the short-term and survive competitor reactions to a new market entrant. A marketing plan is a critical component of your business plan and illustrates to investors that you are a practical businessperson who understands that a good, even superior product is only the first, and not necessarily the most important, component of a successful product launch.

To review, the law recognizes that with many, if not most, inventions there will be three steps to the invention process. The idea comes first, followed by the game plan, followed by the reduction to practice. When dealing with some inventions the idea, game plan and reduction happen rapidly. With other inventions there is some time between these steps. As you go along the way your invention will take shape and become more tangible and identifiable. As that happens you very well may have an invention that could be patented. At some point you will need to do a patent search. I am a fan of inventors doing their own preliminary searches, not because you are likely to find the best prior art but rather to educate yourself and learn. The more you understand the better inventor you will become.

It is possible to succeed even starting with a limited budget, but you really do need to plan ahead and develop a strategy that makes sense within your resources and one that doesn’t invest unnecessarily or recklessly. This conserves resources in a responsible way, while still laying the ground work for obtaining the benefits and protections offered by the patent laws. The nightmare scenario you need to avoid is spending to much on any one invention that winds up going nowhere. If this happens you not only lose what you invested, but you also potentially lose valuable funds that could be used to pursue the next great idea you have. Over the years as I have worked with inventors and musicians what I have learned is that creative people are rarely, if ever, only going to create once.

InventionHome will be hosting the DRTV Product Summit, a one-day event on October 24, 2013, at Robert Morris University that will give everyday inventors the opportunity to pitch their products to six (6) leading “As Seen On TV” companies in one location. Twenty-four (24) inventors will be selected from all of the submissions received and invited to attend the event. Submissions are due by September 30, 2013. The selected inventors will receive 10-minute private pitch sessions with each of the six companies in attendance (60 total minutes). Essentially, this is the inventor/licensee equivalent of speed-dating.

Just as most of society wrongly considers doctors as “gods”, many patent clients wrongly think that patent attorneys will help them achieve these business objectives simply by filing a patent. To be fair, patent attorneys are not being hired to study the client’s market, nor their competitive position within the market. They are not hired to develop the client’s internal IP budget, nor to help the company strategically develop an IP portfolio that could boost exit value. Such an engagement could be fraught with conflicts and confusion. Unless attorneys make clear the limited and narrow scope of their services, and unless and until clients become more IP-savvy, clients will continue to incorrectly assume that all is fine in their Patent La-La Land; nothing is further from the truth.

At what point does an idea take enough form to be considered an invention that can be protected? First, it is completely correct to say that ideas cannot be patented. Having said that, it is equally correct to say that every invention starts with an idea. The patent laws in the United States differentiate between a mere idea and conception. When you have a conception you have an invention, and the easiest way to define the term “conception” in lay terms is as an idea plus some knowledge regarding how to bring the idea into being, whether your idea is a compound, a product, a process or unique software.

One thing that many individuals and professional inventors employed by corporations (i.e., “kept inventors”) have in common is that they frequently do not perceive what they have come up with as worth patenting. So many have the idea that a patent is something that gets awarded to breakthrough innovations, when in fact it is far more common to have a patent awarded to an improvement on an existing product. If you can improve upon something , there is already a market in existence for the underlying product and consumers will perceive your improvement as worth paying for then you very well may have a winning invention. Certainly, you are much farther along the path to success with that trifecta.

For example, does a hair dryer with integrated radio, beer bottle opener, shaving cream dispenser that floats sound marketable? Perhaps as a gag gift maybe, but the addition of random features for the sake of obtaining a patent is not usually wise. I’ve seen terribly broad disclosures filed for an inventor with one extraordinarily specific embodiment. Right away I can tell what is happening. The patent attorney (or patent agent) is drafting the disclosure so that at least one claim, no matter how narrow, can be obtained. Unfortunately, it does not typically make sense to layer on specifics unless those specifics contribute to marketability, and in most cases layer after layer of detailed specifics only makes the claim narrow and less valuable. So if you are going to try and get around prior art to obtain a patent make sure the specifics added will provide an advantage.

Once you have done as much as you possibly can on your own you might want to consider hiring an engineering firm to provide additional information and input to put your invention over the top. The thing to remember is that if the person or firm you hire provides information that relates to the conception of the invention they will be considered a co-inventor. As a co-inventor they have rights to the patent. In order to get the help you don’t want to give up rights to your invention. You will want to have an agreement in place keeping ownership of the patent rights if you seek assistance from someone else, whether they are a professional or not. You should also have a confidentiality agreement in place, unless you are speaking with an attorney, in which case a confidentiality agreement is unnecessary. We have some free sample confidentiality agreements you can use as you see fit.

There are a number of things that you need to know about the invention and patent process that can help you focus your efforts and know what obstacles lay in front of you. Once you conceive (idea + game plan) you will need to be diligent and not let any grass grow under your feet as you move forward toward defining and experimenting with your invention. Generally speaking, conception without diligence can cause the first person who invents to lose the right to the invention assuming someone else invents after you but files their patent application first. So, the moral of the story is once you have your idea and the game plan move swiftly. The law realizes that so-called “garage inventors” cannot quit their day job, but the law will also require proof that you are consistently moving forward and not shelving the invention for periods of time in favor of other endeavors.