You have an invention or an idea
for an invention. The first people you may hear about - or even may contact you
- are from an invention development company. They advertise on radio and TV,
and in magazines that cater to the inventive mind - and even some newspapers.
Invention development companies
are private and public research companies that purport to help inventors
develop, patent, and promote their ideas so they can be commercially licensed
or sold. While many of these organizations are legitimate, some are not.
I state my stand on the use of
such companies on my website - www.gadgets-gizmos-inventions,com. But, you may
want to go that way anyway to develop your patent or invention. If that’s the
case, here are seven helpful tips for you to make smart patent and invention
development decisions:
?1. Learn About the PatentProcess.
?When you understand the basics
of how to get a patent, you will know when invention marketers are making
promises they, or the patent system, can't deliver. Knowing the steps to do a
patent search, and what is required, as well as knowing what happens in the
patenting process can only help you in making the right decision. You will have
a better idea about whether the company you are talking to knows what they are
doing for you - and not just their pocketbook.??2. Do Your Homework.
?Check the organization's
references, ask for credentials, and then check them. Ask them for statistics
on how many successes they have had compared to how many total clients. They
are required by law to offer you this type of information. In fact, the
American Inventors Protection Act of 1999 gives you the following rights when
dealing with invention promoters.
Before an invention promoter can
enter into a contract with you, it must disclose the following information
about its business practices during the past five years:
• how
many inventions it has evaluated,
• how
many of those inventions got positive or negative evaluations,
• its
total number of customers,
• how
many of those customers received a net profit from the promoter's services, and
• how
many of those customers have licensed their inventions due to the promoter's
services.
This information can help you
determine whether the promoter has been selective in deciding which inventions
it promotes, and how successful the promoter has been. Ask for names of
“successful” clients, and talk to them.
Invention promoters also must
give you the names and addresses of all invention promotion companies they have
been affiliated with over the past 10 years.
This information can help to
determine whether the company you're considering doing business with has been
subject to complaints or legal action.
You can call the U.S. Patent and
Trademark Office (USPTO) at 1-866-767-3848, and the Better Business Bureau, the
consumer protection agency, and the Attorney General in your state or city, and
in the state or city where the company is headquartered to check them out.??3.
Be Realistic.
?Not every invention is
patentable. Know that very few ideas - even the good ones - become commercially
successful. Be wary of any developer willing to promote virtually any
invention. If you are presented with the phrase - "We think your idea has
great market potential" - beware, and take it for what it is - in a lot of
cases, just a sales pitch. ??4. Know Where Your Money Is Going.
?Ask the organization how your
money will be spent. Be on guard against large up-front fees and find out
exactly how the money is spent. If the company gives you something like -
"Our company has evaluated your idea, and now wants to prepare a more
in-depth research report. It'll be several hundred dollars" - ask them if
the idea is good enough for more research why don’t they foot the bill. ??5.
Protect Your Rights.
DO NOT disclose your invention to
a developer over the phone (or at any time) before first having them sign a
confidentiality agreement. You could forfeit valuable patent rights. A sample
confidentiality agreement is available on my website. ??6. Track Your
Invention's Progress.
?If you decide to use an
invention development organization, deal directly with the agent or patent
attorney who will be handling your patent application. A lot of these type of
firms outsource the work which is not good for you.
Many invention promotion firms
also may claim to perform patent searches on your idea. Fraudulent invention
promotion firms usually do patent searches that are are incomplete, conducted
in the wrong category, or unaccompanied by a legal opinion on the results of
the search from a registered patent attorney.
Because unscrupulous firms
promote virtually any idea or invention without regard to its patentability -
they may go ahead and market an idea for which someone already has a valid,
unexpired patent. In that case, you may be the one subjected to a patent
infringement lawsuit - even if the promotional efforts on your invention are
successful. Most probably, the way the infringement suit is attracted is
through a successful product.??7. Don't Get Discouraged! ??The patent process
can be very complicated, so you will probably need professional help. There are
many good patent agents and attorneys that can help you. The U.S. Patent and
Trademark Office maintains a nationwide register of attorneys and agents who
meet the legal, scientific and technical requirements of the office.
The first step should be a patent
search done by a reputable searcher. Your patent attorney can help with this,
and should review the search for a package price, depending on the complexity
of the invention.
Hang in there. It is a long and
complicated process. But if your idea passes the initial search test and
evaluation, there is a good chance you can receive a patent - in two or so
years.
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