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The five Critical Steps
Most of us have a good new product idea
every once in a while, but the vast majority of
us never take steps to own or sell our ideas.
However, every year thousands of ideas are acted
upon by their creators. Some develop into
financially successful products.
What does it take to get a new idea
going? How does one protect the idea while in
the process of finding out what to do, how much
it will cost and what the chances of success
are?
Many schemes and procedures are found in
the literature from authors of various
backgrounds. We have found that the invention
process is well represented by a five-step
procedure taught by the Inventors Forum in
Orange County, California. In this process, a
new idea is brought from concept stage to a
"business ready" stage where the inventor is
prepared to seek venture partners, financial
backers or licensees. Let's take a look at these
individual process steps:
Step 1
establishes the legal date of conception.
An idea in your head is protected only by
the fact that no one else can read your mind.
Once you disclose the details to others, they
may be tempted to claim that the idea, or a
modification of it, actually originated with
them. This is prevented by disclosing the
details of your idea on paper, signing, and
dating this document as the "inventor," and then
having it witnessed. The result is a legal
document that is remarkably strong in protecting
the inventor's rights as originator of the idea.
Our patent laws protect the rights of the first
to invent.
Step 2
involves evaluating the marketability of a commercially viable product based on your idea. This is done identifying products or services that meet the same human needs that your product would. This is a very important step and is frequently glossed-over by the eager inventor without adequate discovery. To be successful in the marketplace, a new product must have a strong benefit that some human beings would naturally seek. It is important to be thorough in evaluating all of the current competitive products. For new consumer ideas, competitive products are all around you in the retail stores. For industrial goods such as tools, competitive products are described in technical sheets available from manufacturers listed in references such as the Thomas
Register in any
library.
Step 3 calls for a patentability search in
order to see if the idea is protectable, and
also if it might infringe the patent rights of
others. Some non-patentable ideas, like the "pet
rock," have generated large revenues for their
creators. Most products that are not protected
under U.S. patent laws do not do well for the
small entity independent inventor because just
when sales of the new product are growing
fastest, strong outside interests are attracted
to compete. It is possible to lose a
fast-growing market in only a few weeks. A
preliminary patent search may be carried out
using the Internet or one of the many depository
libraries located in major cities around the
country. A professional search with
patentability opinion from a patent agent or
patent attorney is always a good idea if your
initial search proves positive.
Step 4
is reduction to practice. This means building a
prototype to prove to yourself and others that
the idea really works, or is as appealing as you
first thought. A prototype may not be a
practical possibility or may be unnecessary,
but, if it is feasible, it should always be
considered. Rarely can potential backers,
licensees or venture people convince their
management to invest in your product without
seeing it, holding it and working it. If step
two shows that the market is strong for a
product such as yours, and if your patentability
search results are positive, now is the time to
file for patent protection. It is highly
recommended that both a prototype be made and a
patent application be filed before commercial
efforts begin. The new Provisional patent
application may be written and drawn informally
by the inventor, without legal help, and
requires a filing fee of only $75.
Step 5
is to formulate a business plan. There are two
basic ways to make money with your idea.
Licensing, the first way, requires filing a
strong and broad-based patent application on
your idea and then trading protection under your
potential patent(s) for a royalty against sales
by the licensee. Venture, the second way,
generally involves your personal involvement in
the business of taking the product to market. If
you have experience with manufacturing,
marketing, finance or business management, you
may be functional in your own venture.
Alternately, you may be a silent partner
providing the intellectual property protection
but not becoming active in the venture. Whether
licensing or venture, you will need to prepare a
business plan about what and how you will
proceed.
When properly executed, these critical
five steps produce three important results.
First, a raw inventive idea is converted into a
definable "intellectual property" protected
under law. Second, the inventor, quickly and
inexpensively, develops an understanding of the
true practical value of the idea. Third, the
inventor assumes an "expert" position with real
negotiating strengths. The inventor moves
quickly and assuredly, converting a new idea
into an income stream; or, alternately, learning
that his best strategy is to drop the matter
before investing major time or money in it.
Either way, it's a win-win
situation.
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The next step is to prepare a Marketing
Letter that you will send to all of the
appropriate companies you locate. The Marketing
Letter should be as brief and professional as
possible. You should not utilize a handwritten
letter or any other unfinished material. You may
want to include some of your professional patent
drawings with the Marketing Letter. You should
also attempt to have the manufacturer sign a
Confidentiality Agreement prior to disclosing
your full invention.
After locating manufacturers and
preparing your Marketing Letter, you should then
send the marketing letter individually addressed
to each manufacturer on your list. Speak
with a patent attorney or agent prior to sending
the letter regarding confidentiality issues. You
should attempt to tailor each letter according
to the company you are contacting.
Companies typically have a chain of
command to process your letter, so you may not
hear a response for two to three weeks. If you
haven't heard anything from a company after
approximately four weeks have passed, you should
directly contact the company by telephone to see
if they are interested in purchasing or
licensing the patent rights to your invention.
This letter is only a guide. You should
modify the letter appropriately. You should seek
the assistance of an experienced attorney or
agent prior to submitting any invention
information to a company, whether or not you
have a patent application filed.
[YOUR NAME] [YOUR ADDRESS] [YOUR PHONE
#]
[DATE]
[CONTACT PERSON'S NAME] [MANUFACTURER NAME] [MANUFACTURER
ADDRESS]
Re: [NAME OF YOUR INVENTION]
Dear [CONTACT NAME or MANUFACTURER
NAME]:
I am the inventor of an invention
entitled "[INVENTION TITLE]." I filed a utility
patent application for my invention on [FILING
DATE] through the law firm of [NAME OF LAW
FIRM].
I selected your company because you
manufacture [IDENTIFY THEIR PRODUCTS THAT ARE
SIMILAR TO YOUR INVENTION]. I believe the
[INVENTION TITLE] will benefit your company in
many different ways. [IDENTIFY HOW YOUR
INVENTION FITS WITHIN THE MANUFACTURER'S PRODUCT
LINE].
Briefly stated, my invention comprises
[BRIEFLY IDENTIFY MAJOR COMPONENTS]. The unique
features of my invention are [UNIQUE
FEATURE]. The advantages of the [INVENTION
TITLE] are [STATE ADVANTAGES].
I have enclosed a brochure of my
invention, which briefly displays the key
components for your review. You may also visit
my web site at http://www.DreamsToMarket.com for more detailed
information about the [INVENTION
TITLE].
I am willing to consider selling or
licensing the patent rights to my invention. If
you are potentially interested in the [INVENTION
TITLE], please contact me anytime at [YOUR PHONE
NUMBER]. I look forward to your response.
Very truly yours,
YOUR NAME
Enclosure: Brochure
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Strategy 1: Technology based
intellectual assets: Realizing their
potential.
Strategy 2: Technology
licensing: A strategy for creating
value.
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When locating manufacturers to which you
will send your marketing letter, you should
search for companies who already make products
similar to your innovation. You should
attempt to locate at least 20 to 100
manufacturers in the same business focus of your
innovation.
There are seven places you can search for potential licensees:
-
Your Local Store. You should search your local stores
for manufacturers that make products similar to
your product (i.e., if you product is a new type
of toothbrush, you should get information about
all of the manufacturers of toothbrushes and
other similar dental products.)
-
Trade Shows. Visiting a trade show with
products similar to yours can be a very valuable
resource for you not only for selling your idea,
but also for getting suggestions on how to
improve it. The Trade Show News Network is
a good place to search for upcoming trade shows.
-
Local Governmental Agencies. Local economic
development agencies can be extremely helpful in
locating regional manufacturers that might be
interested in your idea.
-
Magazine Advertisements. You should look through
magazines that are in the area of your invention
for manufacturers who advertise similar products
(i.e., if your invention relates to golf, you
will want to purchase various golf magazines
which have many advertisers within.)
-
Internet Search Engines. Utilize a search
engine to search for companies that make
products similar to your product (i.e., if your
product is a new type of toothbrush, you would
type in "toothbrush" in a search engine such as
Alta Vista.)
-
Local Library. Go to your local library for
reference books on different types of
manufacturers. There are several books that
provide a wealth of information about
manufacturers across the United States
(e.g., American Business
Directories; Thomas Register.)
-
Free Internet Databases.
There are many good databases on the Internet that you can search for free,
such as DreamsToMarket.com. DreamsToMarket.com provides not only the ability
to search for specific manufactures/licensees matched to the industry of your
innovation; additionally, you can list your innovation in the DreamsToMarket.com database.
It's quick, easy and free to develop and list your innovation(s) on
DreamsToMarket.com.
Millions of venture related companies worldwide would then be able to find you and join
you in the development and marketing of your innovation(s).
Coming Soon!!
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