| Every television viewer has seen the infomercial spot | | | | tweaks and then the final model(s). The art is |
| showing the forlorn, wanna-be inventor, crushed, their | | | | essential as exhibits in utility patent filings, as a tool |
| idea being successfully marketed by another party. | | | | for source of supply and to determine cost of goods. |
| He did not get a patent. The answer offered in the | | | | The models affirm commitment, features and |
| commercial, contact an invention Submission | | | | benefits, product uniqueness and viability. Invention |
| Company, get a patent, market your product or | | | | mills provide virtually none of this. |
| opportunity to thousands of corporate | | | | The inventor will receive an in-house generated piece |
| decision-makers, get rich. This is the American Dream, | | | | of 3-D art. That's it! No models, prototypes or |
| is it not? | | | | hardware! This will be the basis for the campaign to |
| One of the saddest aspects of my work as a new | | | | market the submission for sale, joint venture or |
| product development and marketing consultant is the | | | | license. And, it can not work, ever. |
| whole area of invention submission firms. We see | | | | The inventor provides a verbal description, or |
| dozens of entrepreneurs every year: mentally torn, | | | | self-generated renderings, that are revised by |
| financially rocked, hopes depleted after their | | | | in-house artists. There are almost never face to face |
| experience with the invention mills. In a number of | | | | meetings, essential to the creative process. The |
| cases real opportunity has been slaughtered. In many | | | | result is a piece of art that appears professional to |
| other cases the product or service offered would | | | | the inexperienced. This is the prototype. It is |
| never be a realistically viable commercial opportunity, | | | | sophomoric, unusable for the intended purpose of |
| and any capable consultant would honestly advise | | | | exciting investors. |
| such. | | | | Marketing the Invention |
| Essentially these dream merchants are boiler rooms. | | | | With the patent (provisional, of little value) and model |
| After viewing the commercial and calling the toll free | | | | (a drawing, of no value) in hand the product invention |
| number, the inventor is contacted by a sales person. | | | | is ready to be sold, supposedly. Selling, marketing or |
| Submission materials are forwarded, promises made | | | | partnering a product opportunity is hard work and |
| and costs are discussed. Many entrepreneurs do not | | | | requires contacts, research, experience in highly |
| have the needed investment monies to appropriately | | | | targeted areas, networking, attending trade shows |
| file patents, create prototypes, conduct the research | | | | and tenacity. No is a word heard many, many times |
| and produce the documents necessary to | | | | more often than the word yes is heard. |
| professionally present the product. | | | | How does the invention submission firm approach |
| The invention mills, however, typically offer in-house | | | | deal making? They take shortcuts, and shortcuts are |
| financing and advise that they take care of all of the | | | | death to opportunity. Shortcut number one is blind |
| needed elements required to professionally excite | | | | mailings. A list of companies and contact names is |
| investors or license deals. Often at usurious interest | | | | used and a cover letter, copy of the art and nothing |
| rates, the hopeful inventor makes a down payment | | | | else is mailed as a teaser. Anyone can relate to the |
| on their dream, finances the balance, and, seduced | | | | results of this approach. Executives and corporate |
| by thoughts of riches, fully buys into the program. | | | | decision- makers never respond to junk mail, and that |
| Then reality quickly rears its ugly head. | | | | is what this type of submission really is. |
| The Patent Filing | | | | The inter-net is a wonderful invention, and, of course, |
| There are two styles of patents, utility and design. | | | | the invention clearing- houses really enjoy this tool, |
| Only utility has real value, offering specific protections. | | | | shortcut number-two. Mass e-mailings, unsolicited, |
| The design patent can be easily overcome with | | | | otherwise known as junk mail, are a group favorite. |
| elemental design or art changes to a product. In | | | | The results are always the same, no deal. |
| addition, a relatively recent filing class has been | | | | Shortcut number-three, the product is added to an |
| created: the provisional patent. Essentially the | | | | encyclopedia of the firm's past product's, and the |
| provisional patent is a simple letter to the United | | | | book is offered as a repository of business |
| States Patent and Trademark Office announcing to | | | | opportunities for commercialization. A hard copy is |
| the agency that you have an idea and are keen to | | | | available for viewing or on-line access is available. |
| pursue it. It offers virtually no protection. | | | | Unfortunately, this completely reverses normal |
| The provisional patent costs almost nothing to file | | | | progression of deal making. |
| and has a life of exactly one-year from date of filing. | | | | Many, many more products are seeking a home than |
| The provisional must then be amended to utility or | | | | there are homes available for successful placement. |
| design in a new filing. The invention firms have | | | | Products must be sold and marketed with aggression, |
| in-house attorney's that routinely spit out the | | | | vigor, and creativity. Passivity is a model for failure |
| provisional filings and offer this as proof to the | | | | and that is the approach taken by invention |
| inventor that real patents have been filed and | | | | submission firms with these strategies. |
| protections secured. Inexperienced, gullible first time | | | | I have asked many inventors, "Did you ask for |
| entrepreneurs often believe that their product has | | | | successful product placement references"? They |
| real patent protection. | | | | universally answer, "I was told, that because of |
| After the 12 month provisional period ends, the | | | | secrecy agreements they signed, they could not |
| invention is never supported with a utility filing. The | | | | provide specific product names and details". This is |
| result, product protection rights are fully vacated. | | | | gibberish and a subterfuge. A successful product |
| The inventor has a lapsed provisional and the | | | | placement is by nature openly sold in the |
| submission firm walks away from pursuing the really | | | | marketplace. It is no longer a secret. |
| valuable, and much more expensive, utility patent | | | | Here are several important keys to consider when |
| filing. | | | | interviewing or seeking assistance in marketing or |
| Securing a valuable, solid patent protection is the | | | | launching a new product: |
| most touted benefit viewers of invention | | | | Demand a face to face interview before |
| commercials will hear. Is a patent that important, | | | | hiring a firm or consultant. |
| valuable? Yes, and, no. Of course, a utility patent has | | | | Demand references of successful |
| immense value for any product. Given the choice, we | | | | campaigns. |
| always recommend pursuit of every patent, | | | | Demand to see successful product |
| copyright and trademark claim possible. However, | | | | specimens. |
| there are many non-patented, very successful | | | | Check the firm out with Better Business |
| products in the marketplace. | | | | Bureau, States Attorney General. |
| Patent strategy is crucial. It requires really | | | | Demand a patent strategy for a utility |
| experienced patent attorneys, fully committed to | | | | filing. |
| securing every possible protection available. That is | | | | Demand a template of processes the firm |
| not available from invention submission firms. | | | | utilizes. |
| Create a Prototype | | | | Break out costs for each service provided. |
| It is almost impossible to successfully market a new | | | | Will there be a customized business plan. |
| product without production quality prototypes. This | | | | Interview more than one firm, at least |
| requires diligence, creativity, sophisticated skills and | | | | three. |
| equipment. The steps usually involve a mix of | | | | Ask lots of questions and if you do not receive clear, |
| creative meetings, several 3-D, Computer Assisted | | | | concise responses, walk away. There is competent, |
| Graphic (CAD) drawings, a rough model, styling | | | | reputable help available for every projects needs. |