New Innovator Guide

Marketing

In this Section

Marketing New Products and Inventions

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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Sample Marketing Letter

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

Strategies

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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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Locating Companies

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:

  1. 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.)
  2. 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.
  3. Local Governmental Agencies. Local economic development agencies can be extremely helpful in locating regional manufacturers that might be interested in your idea.
  4. 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.)
  5. 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.)
  6. 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.)
  7. 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).

Presentations

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