PATENT SEARCH

Free US patent search - The revelation that will save you time and money.

Over the last few years, the U.S. Patent and Trademark Office (USPTO) and other organizations have put patent databases online — free for everyone’s review and search.

The service provided directly by the USPTO. http://www.uspto.gov/patft

Many inventors conduct a preliminary patent search prior to hiring a patent agent or patent attorney to file a patent. This search is generally performed to discover whether or not a particular invention is truly original or if, in fact, it has already been patented.

POSSIBLE PROBLEM

If they find no patents exactly like their invention they are happy and continue on their merry way. This is a very poor approach because there is more research needed.

We suggest examining patents closely to find additional possible product features, identify other potential uses for products, identify companies recently receiving patents in the area (potential licensees), closely study the background sections and any data presented in the background sections and any data presented in the patents. You can learn a great deal from those who have gone before.

A patent search by an attorney or company can run up to $1,000 or more, especially if your invention is in what’s called a “crowded” field of art — that is, lots and lots of products in the same field of your invention.

Patent searching is an interactive task.
To do a good search you must determine how your invention works, NOT how you will use your invention. For example, an improvement on an automobile switch will be found with switches--not with automobiles. Why, because the invention is a switch, not an automobile.

Why Conduct a Preliminary Patent Search?

A. Patent searches are conducted for many purposes. Among them are to:

1. Determine if a particular invention is unique

2. Identify potential features for new product

3. Identify other possible uses for a new product

4. Determine independent inventors or companies currently or historically obtaining patents in a particular area

5. Find the patent(s) for a particular invention

6. Determine the state of the art in a particular area

7. Identify patents in a specific field for generating citation maps (a tool in determining the relative importance/value of a specific invention

8. Study the rate of innovation in a particular area

9. Determine the patent portfolio of a specific company

10. Determine if an invention infringes upon the intellectual property rights of others

11. Learn about an industry or a specific company

12. Search for potential solutions to design or safety problems

13. Identify potential licensees

14. To identify additional reference materials such as journal articles, books, product literature of use to those working in this area. Patents often list printed reference materials.

15. Identify inventors working in a certain field.

B. Conduct a Self-Search

The 7-Step U. S. Patent Search Strategy

Step 1: Determine what type of patent you will be seeking. A utility patent covers the functional aspects of an invention, while a design patent only covers the appearance of an invention.

Step 2: Access an online patent database such as the ones provided by the U.S. Patent and Trademark Office (USPTO). Determine the most relevant classes and subclasses for your invention.

Step 3: Read the class descriptions in the database to see which are relevant to your idea.

Step 4: Review all patents issued within those classes.

Step 5: Perform comprehensive keyword searches for your potential invention. Leave no stone unturned.

Step 6: Assemble your search results into a report that can be readily referenced.

Step 7: If and when it is time to proceed for a full patent, provide all of your referenced information to the patent attorney or agent you hire.

Completing a preliminary patent search on your own is really not difficult. You just need to have the time to sift through the information, document it and present it to your patent attorney/agent down the road.

If you are concerned about doing your own search and don’t mind investing a few dollars, we can offer a preliminary patent search for you for only $397.00. Give us a call at 1-888-780-3463 to discuss your options.

Thomas Edison – the most important inventor in modern history. Did you know that Edison had 1,093 patents? Not all of his patents became financially successful. His Light Bulb patent (left) and his actual first working light bulb (right) are one of his most famous inventions. This invention made him wealthy. On September 4, 1882, the first commercial power station, located on Pearl Street in lower Manhattan, went into operation providing light and electricity power to customers in a one square mile area; the electric age had begun.

Copyright © 2009 InventorEducation.com - Helping Inventors One Patent At A Time. All Rights Reserved

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PROTOTYPING

Why build a prototype?

Because it is much cheaper to change a product early in the development process than to make changes after you obtain patent protection.

A prototype is often the best way to gather feedback from users while you are still planning and designing. It is a quick way to find out if you are on the right track with your plans and design.

SOME HISTORY

Before 1880, every inventor had to present a working model or prototype of his or her invention to the patent office as part of the patent application. You do not have to submit a prototype any longer. However, prototypes are great for several reasons.

• Legally a prototype proves what is called a "reduction to practice" and if the question ever comes up, a prototype can be proof that you were the first inventor. The United States uses the first to invent rule, granting a patent to the first inventor who conceives and reduces the technology or invention to practice, for example a working prototype or a well written description.
• You can include photos of your prototype in your inventor's logbook.
• A prototype helps you figure out any design flaws your invention has and if it really works.
• It can help you make sure your invention is the right size, shape, and form.
• A prototype helps you sell or license an invention. You can use it during demonstrations.

Making one can prepare you to write your patent application and make your patent drawings

As stated above, you will need a prototype to verify if your idea works the way you think it will. Your prototype doesn't necessarily need to be made from all the same materials as your final product will be, but it needs to be a close approximation of your final product to prove to you, investors and potential partners that your idea does work.

Some inventors get all the way through the product development process, "perfect" their product, invest in a patent, but when they finally try to build the product, it doesn't work. Then they make changes in their product to make it work, but by doing so, sometimes their own product changes invalidate their patent protection. That is why it is so important to make a working prototype before you invest in a full patent. Having a Provisional Patent Application (PPA) during this process is something to consider.

Building the Prototype

Depending on your product, you may or may not be able to build the prototype on your own. Remember that your prototype doesn't need to be made of all the same materials as your final product; it just needs to work and look like your final product will.

If you cannot build the prototype on your own, you may need to hire a professional prototype builder, an engineer or just a capable person.

Paying for Your Prototype

Building a prototype can be the first costly step in your product development (depending on the complexity of your product). If you don't have a fair amount of savings, or the opportunity to take a small loan, you may need investors to help pay for your prototype.

Family and friends are often the best place to start for some small investments. Some of them may already know about your product, they may have been encouraging you, and now may be the time to ask for some investments. You want to be upfront about the risk of investing in a new product, especially if you hope to keep good relations with your family and friends. Some may want to invest a lot of money into your product, but we don't believe this is a good idea unless they want to become partners in your business. Investing in new products is risky and you don't want to take advantage of family and friends who are eager to help.

Once you start taking on investors beyond your family and friends, you will need to talk to a business lawyer to make sure you aren't breaking any laws with your investors.

Prototype design and construction cost vary depending on the simplicity or complexity of your product. Most working prototypes can cost between $1,500 and $15,000 to make.

Virtual Prototypes

Virtual Prototypes are very useful for pitching an invention to a potential licensee at a cost that is much lower than that of a physical prototype. A Virtual Prototype is a series of photo realistic images of an invention that can be developed by designing the invention in three dimensions on the computer. The results can be viewed from different angles, and illuminated to create professional virtual photographs of the invention. The invention can also be an Animated Virtual Prototype and shown as a video. The price for most virtual prototypes is usually between $1,500 and $3,500 depending on complexity.

PRESENTATION OF THE PROTOTYPE TO DIFFERENT PARTIES

Each idea is different and the best approach to prototyping depends on the specifics of the idea. However there are some basic principles that can help. The first question to ask is: "What is the prototype for?"

When presenting your idea to an investor or company representative it might not actually be necessary to have a working prototype. It is often possible to convey the idea or invention to an interested party using a graphic presentation or virtual prototype. The idea should be designed, ideally using computer aided software, and then images of the product laid out on presentation boards. It is probably best to get a professional product designer to complete the design work and show how the product looks and what it does. Try to find a design company that specializes in product design for inventors.

If funds are tight it is better to spend the money on a professional presentation rather than a prototype. The presentation will be more cost effective than the prototype and will be quicker to produce. The work done during the design stage can help reduce the cost of the prototyping stage if it becomes necessary at a later date.

When a prototype is necessary

Concept prototypes are sometimes necessary to either prove that an idea works or instantly convey an idea that is hard to describe on paper. If people need to interact with the idea to be persuaded of its benefits then a prototype can make all the difference.

Often people are more prepared to back an idea if they can see that a lot of the development work has already been done and a prototype demonstrates this. An inventor could typically expect to charge more for an idea if it has been prototyped so it is worth considering if the funds are available.

What are the different types of prototype?

There are three main categories of prototype:

1. Proof of principle: A prototype that simply proves that a particularly new system or mechanism works. Often it is just part of the overall idea and it does not need to look like the final product.

2. Aesthetic model: A prototype that looks like the final product but is not fully functional.

3. Pre-production prototype: A pre-production prototype looks, feels and works like the final product. This type of prototype can be produced to mimic how it would actually be manufactured to check that everything will fit together correctly.

What is rapid prototyping?

Rapid prototyping is a technology that takes a 3D computer model and builds a 3D plastic part. There are three basic techniques for rapid prototyping: Stereo lithography, Selective Laser Sintering and Fusion Deposition Modeling. For all these processes the model needs to be professionally designed using computer aided design.

FINAL CONCLUSIONS

Recently there have some reality shows on TV for inventors. The first one was called ‘American Inventor’. The series lasted two years. In my opinion it was a farce of a show (but that’s for another time to discuss). Another and more recent show is called “Shark Tank’ (no comments yet). On both shows the inventors were required to show their products to the judges. Without my getting into the details of the inventions, the inventors presented their inventions in ways that they felt were best.

They point is that some of the inventors presented first class prototypes or working models while others presented much less appealing prototyped products. It’s up to you to decide what level of prototype you wish to present to whom.

Copyright © 2009 InventorEducation.com - Helping Inventors One Patent At A Time. All Rights Reserved

MARKETING and BUSINESS PLAN DEVELOPMENT

You’ve got a great idea. But negotiating your way from the invention you first sketched on a napkin to a successful product can be daunting.

Laying careful groundwork will make all the difference in whether your invention ever makes it to market. I’m continuously surprised by the number of neophyte inventors who throw a product up on the Internet and see if it sells. 99.9% of these product ideas fail when not the inventor does not follow a solid marketing plan.

Benefits of a Marketing Plan

Successful products are based on solid marketing plans. Without a marketing plan, you waste time, money, and most importantly, missed opportunities. If you have a good product, you need to have an equally good marketing plan.

A first-rate marketing plan is the foundation of a winning product.

Benefits of a marketing plan include:

• Provides a clear roadmap based on facts, data, and analysis.
• Keeps you on track to generate product sales.
• Reduces wasteful spending by following a strategy rather than gut feel.
• Uncovers your customer's true desires and characteristics as the basis of marketing messages (emotional and logical connections).
• Identifies openings in the market.
• Identifies how to create competitive advantages.
• Identifies markets to avoid.
• Identifies the best strategy to meet your goals and objectives.

Four steps in the successful inventor’s approach:

• Refine/Define your product.
• Define the market.
• Define the business itself.
• Understand the “meta driver” that’s pushing your invention at this moment. “Why is this a business opportunity now?”

Within those steps are a number of factors every inventor needs to address.

Refine/Define Your Invention
It’s a no-brainer, right? You know what your invention is. But your idea might evolve as you do more research. Too often, inventors worry about rushing to the marketplace, but don’t spend enough time evaluating the product or what niche it will fill. “Inventors think ‘I’ve got to get it out there before anybody else. They forget to design the business, to look at who the competitors are and who might be complementary businesses.

As you evaluate the marketplace, be receptive to the needs of your potential customers. Some entrepreneurs are content to conduct “obvious market research,” looking at megatrends. Too often they miss that individual conversation in which people really reveal what they need. This is good news, in a way, for the independent inventor operating on a shoestring budget. You can learn a lot simply by observing and talking to individuals. See how consumers use a similar product or participate in an activity where your invention would be used.

It might seem early in the process, but it’s not too soon to start thinking about the second generation of your invention, either. Plan for the adoption curve, noting who is likely to use your invention first, and how you can improve it for subsequent users.

As you continue to develop your idea, the ultimate reality will be how to protect your intellectual property rights.

Decide on a Marketing Plan
Designing a business to market your invention or licensing your invention to another company are the two pathways to market. Choosing to handle the manufacturing and marketing of your product involves considerable more work and risk on your part. It can be hard to fight for space on store shelves for your product or to establish your customer base. In addition, many big companies don’t want to buy an idea from somebody unless they had a track record of proven sales. It’s kind of like winning the lottery.

As you approach companies, you’re also not likely to get them to sign non-disclosure agreements. You have to weigh the risks involved in sharing information about your idea. If you’re an individual inventor without much money, you really don’t have much bargaining power. You really have to find a company you trust. Tell them your idea, and see if they want to work with you.

Most companies have channels by which ideas are submitted. Some large corporations even offer submission areas on their web sites. A reputable licensing agent can help your invention find a home with a manufacturer but will take a percentage of the royalties.

Conduct Research
Feasibility studies will let you know if planning your own business makes sense. “People way underestimate the startup costs. They way underestimate customer acquisition time and costs. Make sure your plan holds water.

Process to Create a Marketing Plan

We've developed a structured process to create a productive marketing plan. The process is flexible to accommodate the special needs of clients and new products.

The steps used to create a marketing plan are:

1. Organize – Gather information covering your goals, objectives, product details, and the market potential.
2. Market Research – With an understanding of your needs, perform market research. The key indicators are industry trends, market success factors, competition, opportunities, customer demographics, customer behavior, and the product characteristics important to your customers.
3. Create Plan – With the knowledge gained from research, the marketing plan begins.
4. Implementation – The marketing plan should be laid out in phases so you can complete the action items in an orderly manner. You can hire others, or do them yourself. Your goal is to learn and grow.

Marketing Plan Contents

There is no one standard marketing plan format. However, we've found that by researching and analyzing certain topics, provides a solid foundation and leads to successful strategies to generate product sales.

Your marketing plan should cover:

• Industry – The current activities and trends related to your product's market.
• Market Data – Statistics and data related to your market, competition, and customers.
• Market Success Factors – The specific industry norms and customer expectations.
• Opportunities – Any current and future openings in the market for your product.
• Threats – Factors to take notice, avoid, and monitor including the competition, government actions, and technology trends.
• Competition – Analysis of comparable products.
• Customer – Your customer's demographics, psychographics, and buying behavior.
• Influencers – The understanding of how certain people influence your customer's buying decision.
• Product Characteristics – Uncovering the important product benefits, features, and functions sought by customers.
• Strategies – Based on your current situation, the strategies (product, pricing, marketing communications, distribution, partnerships) to meet your goals and objectives.
• Tactics – The actions to achieve the strategies (methods to generate awareness, interest, sales, and re-purchase).

Cost to Create a Marketing Plan

A marketing plan is actually an investment rather than a cost. A good marketing plan generates product revenue that far exceeds the cost.

· The time to research and create a typical marketing plan takes about 20 hours of work by a professional. At a rate of $150 per hour, times 20 hours, the total amount comes to $3,000. If you have completed a detailed business plan along with market studies, the total cost can be lower. If extensive market research is needed, such as surveys, interviews, and focus groups, the amount will be higher.

· Marketing plans developed by large marketing firms often start at $10,000 to $20,000 and carried out by junior staff members. You do not need this type of marketing plan.

Ask yourself the following questions to see what you will need.

MARKETING PLAN INTAKE QUESTIONS

1. Is your product in the market or in development?

2. What is your product or product idea?

3. Currently, what is your main business issue or problem or need?

4. When did you launch your product, or when did you begin development?

5. Do you have a written business plan?

6. What is the approximate current marketing expenditure, or plan to spend on a monthly or yearly basis?

7. Do you have these funds or are you looking for investors?

8. Who are the people that make the business and marketing decisions (or yourself only)?

9. What are your expectations?

Did you know that the U.S. Patent & Trademark Office estimates that nearly 97% of all patents fail?

Only 3% of the patents issued by the Patent Office actually make more money than it cost to get the patent in the first place.

Copyright © 2009 InventorEducation.com - Helping Inventors One Patent At A Time. All Rights Reserved

Inventors – 5 Golden Rules How to Save Your Money

When was the last time you threw $500 or $1,000 away? You would never do that right?

Well it amazes me that new inventors are doing just that everyday, throwing their money away. Here is how and why combined with the 5 Golden Rules to Save Your Money.

1. Never hire an Invention Company.
2. Never get a patent before you evaluate the potential of your invention.
3. Don’t get emotionally involved with your invention
4. Don’t hire the first patent attorney or agent you speak with
5. Again – Don’t hire an Invention Company – (this rule is that important to repeat)

Let’s examine the rules one by one.

First, ‘Never Hire An Invention Company.’ The FTC says that over $300 million dollars is lost to invention fraud companies every year. These companies do absolutely nothing for the inventor. They all sound professional and inspiring but they are shams. The people who call the inventor from these companies are all commissioned salespeople who will say anything to get your money. Do not respond to any of their ads on TV, the radio or the Internet. Avoid the ads that might say ‘Free Inventors Kit’ or ‘We can Get You A Patent’ or ‘Wanted Inventors and Ideas’ and many others. They know how to reel a new inventor into their web.

Second, ‘Never Get A Patent Before You Evaluate The Potential Of Your Invention.’ All too often a new inventor thinks to themselves, “well I’ve got this great new invention and I don’t want anybody to steal it so I better get a patent.” Of course patent protection is important, however, not until the product concept has been proven to be worthwhile. It is estimated that over 90% of the patents issued to date are for products that have never made it in the marketplace. Time and money have been spent on legal protection prior to discovering if the invention really has any value. A professional evaluation on the invention before patent protection would help the inventor to save the costs of a patent if the evaluation proved the invention concept was not worth the time, effort and costs. At the least, an evaluation would allow time for the inventor to improve upon the areas within the invention cycle to boost the potential of the invention. Once the improvements are made then you can start the patent process but not before.

Third, ’Don’t Get Emotionally Involved With Your Invention.’ Let’s face it an inventor is usually a creative and passionate person. We all believe very strongly in our invention idea. We are told by others that it’s a great idea and we are sure it will make us rich. Inventors are generally driven by the potential to make a lot of money. Now don’t get me wrong, I am not saying that making a profit on our invention is a bad thing. It’s actually a great result. I wish more inventors would succeed. However, one big negative element to an inventor’s failure is not knowing when to stop or give it up. Professional poker players for example know when to hold them and know when to fold them. Their chances of success are greater when they understand the risks if they choose to continue. The new inventor unfortunately does not have the same business type of approach to their project. They treat their invention idea as their baby, their road to financial success without knowing risks or even understanding the process. That is why over 90% of the issued patents are not making money for the inventors. You must separate your emotions about your invention and treat it as a business.

Fourth, ‘Don’t Hire The First Patent Attorney Or Agent You Speak With.’ Patent attorneys are an integral part of the invention process. They will provide all of the legal expertise required to obtain a patent for the inventor. It is safe to say that most patent attorneys are credible and professional. The down side for a new inventor is not knowing exactly what it is that the patent attorney will be doing for them and at what price. There are no set price structures from patent attorneys. They can charge what ever they feel their value is for the inventor. The only set prices are from the United States Patent and Trademark Office. An inventor should interview at least 3 different patent attorneys to ultimately select the one that they are most comfortable with. Here is a short list of what an inventor should ask the patent attorney.

1. Do you specialize in my products field of development?
2. How much will a patent search with a legal opinion of patentability cost?
3. How much will the entire patent process cost including government fees?

These are just some of the important question need answers to at your initial meeting. If the patent attorney does not provide specific answers, move on to the next.

Fifth, ‘Never Hire An Invention Company.’ If you want to be a statistic with the FTC or the United States Patent and Trademark Office then by all means hire a scam invention company. If you want to save your money and put it towards a more realistic approach for your invention idea stay away from these companies. Do not call them. Do not write to them. Do not waste your time with them. This subject is that important to have repeated as I have done.

Getting rich from your invention is a direct result of saving your money while going through the invention process. By following the 5 golden rules above you will effectively limit your risks while increasing your potential rewards. You must understand that the risks are still very high in the invention game. You just want to be able to know when to hold them or when to fold them.

Copyright © 2009 InventorEducation.com - Helping Inventors One Patent At A Time. All Rights Reserved

Licensing Agreement Checklist

Licensing Agreement Checklist

Licensing a new invention is a detailed undertaking. There are experts who specialize in the actual negotiations on behalf of the inventor. Usually these experts will negotiate for either a flat fee or a percentage of the royalties the inventor will make. These experts are well worth their fee if you choose to hire one.

On the other hand, some inventors choose to negotiate on their own behalf. We do not recommend this approach, however, if you really do want to negotiate your own licensing agreement we have developed a checklist for you to follow.

This list is not comprehensive, but is intended only as an indicative checklist for those intending to license their inventions. In practice, you should check each invention on a case-by-case basis and take account of the prevailing circumstances when drawing up the agreement.

• Introduce the Parties and your basic Objectives
• Specifications
• Object of licensing agreement
  • Type of license seeking (exclusive or non-exclusive)
• Industrial property rights pertaining to the object of the agreement
• Scope of license
  • authorized exploitation methods
  • geographical scope
  • any restricted application areas
  • authorized period
• Changes, further development and improvements to the licensed technology
• Obtaining and maintaining industrial property rights
• License payments
  • one-off payment
  • initial payment
  • royalty
  • minimum annual royalty
• Bookkeeping obligation, inspection rights and reporting
• Obligation to exploit
• Authorization to sub-license
• Technical assistance and training
• Confidentiality
• Compensation for damage
• Limitations of liability
• Enforcement of industrial property rights
• Action against infringements of industrial property rights
• Invalidation of industrial property rights
• Official approvals and permits
• Manufacture of competing products
• Rights of notice and cancellation
• Implications of ending of contract
• Period of validity
• Transfer of contract
• Force majeure
• Invalidation of contract in part
• Notifications
• Applicable law
• Resolution of disputes

Keep in mind that there are additional factors that may contribute to your specific invention. Therefore, if you have negotiated on your own behalf, it is highly recommended that you at least show the licensing agreement to an attorney familiar with the licensing process. This will at least provide you some protection and possibly catch something in the agreement that you are/were not aware or familiar with.

Copyright © 2009 InventorEducation.com - Helping Inventors One Patent At A Time. All Rights Reserved