Posts in Inventors Information

A lot of inventors and entrepreneurs might come up with an idea that solves a problem, but I’ve always took a different approach. I would let the market tell me what it’s looking for or what it needs or what’s missing. And I like to refer to it as looking for a sleeping dinosaur. By that I mean something that is old and tired. Don’t reinvent the wheel but come up with a small change in existing products. So number one, you’re guaranteed that there’s a market for it. And number two, the technology exists.

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the start of two new regional pro bono patent programs in California and the District of Columbia—the result of the USPTO’s cooperative efforts with the California Lawyers for the Arts and the Federal Circuit Bar Association (FCBA).

In 1879 the United States Supreme Court first had the opportunity (and necessity) to address whether Congress had been granted in the Constitution the power to enact legislation to protect trademarks. Since 1879 there have been many cases involved trademark issues that have wound up the top Court in the United States. But a summary start to finish of all Supreme Court trademark cases is even a bit ambitious for us in a single article. Thus, what follows is a summary of those trademarks issues that have reached the Supreme Court over the last generation.

It takes time to prepare a detailed written disclosure that will support any number of claims, and there is just no way to rush it. Inventors and entrepreneurs intuitively know this, but still some get lured into believing that what they get for $1,200 is just as good as what they would get if they paid $8,000, which is unrealistic of course. You should not fall for what you want to hear when you deep down know it makes no sense. If you aren’t convinced ask yourself this: When you were in school and you had to write a paper for a grade, was the resulting paper better if you spent more time or less time working on the project? The reality is the more time you have to spend the better the work product. If you are not paying very much then you realistically cannot expect the same number of hours, nor can you expect the same level of quality.

There really is no one-size-fits-all approach to inventing that can be claimed to be a road-map to success that will work in all cases. Notwithstanding, there are certainly a number of things that can and should be done early in the inventing process if an inventor is going to pursue inventing as more than a hobby. I continually preach to inventors the need to follow what I call a “business responsible” approach, which is really just my way of counseling inventors to remember that the goal is to not only invent but to hopefully make some money. Truthfully, the goal is to make more money than what has been invested, which is how the United States Congress defined “success” in the American Inventors Protection Act of 1999.  The odds of being successful with one of your inventions increase dramatically if you engage in some simple steps to ensure you are not investing time and money on an invention that has little promise.

So how do you decide whether you have a mere idea or a conception that is on the road to a full blown invention? That is a difficult question to answer and one that has few, if any, bright line rules or useful generalizations. What I would say, however, is this: If you can sketch out the invention on paper (in the case of a device) or list the steps (in the case of a process) you likely have something that is tending toward the invention side of the idea-invention continuum. This is because in order to file a patent application you do not have to have ever made the invention or used it, you just need to be able to explain to others how to make and use the invention. So proofs on paper associated with written text explaining the particulars is enough to satisfy the patentability requirements in the United States. So in many, if not most, cases inventors have an invention capable of obtaining protection far earlier than they likely expect.

The moral of the story for those in the anti-patent community is this: get a clue! Why not do something radical like becoming informed on the topics on which you pontificate? Treating patents like they hold up innovation is ridiculous. You need to re-calibrate your definition of innovation and stop pretending that those who copy are innovators. That is insulting and extraordinarily disingenuous even for folks who are constitutionally challenged by the truth. Doing what someone has already done is NOT innovative. It is the antithesis of innovative. It is copying. It is infringing.

Inventors who attend these USPTO sponsored inventor conferences will receive practical advice from successful inventors, experienced practitioners and USPTO officials. The registration fee is $80 per person ($70 for seniors or students) and includes all sessions and presentations, morning and afternoon refreshments, lunch both days and the networking reception. Having been involved several times with the conference when it is held in Alexandria, Virginia, I can say first hand that this event is excellent, informative and educational. I highly recommend it for inventors and business people who need to become more familiar with patents and trademarks.

When finances are difficult people look to themselves for assistance, and to figure out how they can make a better tomorrow without relying on anyone else. But if you do not have enough resources to pursue a plan in a manner that is likely to succeed all that you have done is waste time and money. Yes, the dirty little secret is that being cost conscious and seemingly financially responsible can lead exactly to the point where you didn’t want to be. The truth is that if you cut too many corners in the invention to patent to commercialization cycle your odds of succeeding go down dramatically. Being cheap is not synonymous with being fiscally responsible.

The first step toward commercializing an invention and making money from it is typically to pursue the patent path.  On the road to a patent there are many mistakes that inventors can make unwittingly, some of which will ultimately make it impossible to obtain a patent. With that in mind, here is a list of the top 5 mistakes inventors make, followed by discussion of what you should do to move your project forward in an appropriate and responsible way.

Counterfeiting is now one of the fastest growing and profitable industries in the world. With an average of 5 – 7% of the world trade market, it is a $600 billion per year industry. The U.S. Customs and Border Protection (CBP) reports the total number of counterfeit goods increased dramatically in FY 2011 by 24% compared to the prior year, and has increased 325% over the past decade. The impact and cost across industries is quite staggering. The Federal Trade Commission reported that counterfeit automotive parts total approximately $12 billion and also result in 200,000 fewer manufacturing jobs. Additionally, electronics industry experts stated a loss of between $100 billion and $200 billion annually. Of particular concern is the pharmaceutical industry, which counterfeit drugs account for $75 billion dollars globally.

Even when we switch to first to file inventors will still in some cases need to be able to detail when they conceived of various aspects of their invention if they are going to attempt to rely upon the grace period. Affidavit practice to establish what was invented, when it was invented and that someone else derived their invention or disclosure from you will still be a part of patent practice even after March 16, 2013. Therefore, it is critical now to have an invention record and will similarly be extremely important even after the switch to first to file takes place.

All too often inventors feel that the assistance of a patent attorney is really not necessary. That is an opinion shared by many unfortunately. It is not unfortunate for the patent attorney really, but rather it is unfortunate for those who hold the belief because invariably those who represent themselves obtain rights that are so narrow that they are practically useless. Recently I have had the occasion to be contacted by several independent inventors who did file their own nonprovisional patent applications and are now facing a First Office Action that rejects all the claims. A First Office Action that rejects all claims is not uncommon, but these applications have little or no useful discussion of the invention so there will be little or nothing anyone can do to help them ever achieve a patent. A bad patent application results in either an extremely narrow patent or no patent at all. All that time, money and energy wasted. These inventors, who are unfortunately the norm for those who represent themselves, may well have had an invention that could be protected but through a faulty application will now likely never receive a patent on their invention.

According to the FTC, coupons are a big business.  There are more than 3,000 manufacturers that annually distribute nearly 330 billion coupons that are worth an estimated $280 billion. With this type of marketplace it is easy to understand why opportunistic criminals would be interested in the industry, particularly given the economic plight of the moment caused by the Great Recession, which we cannot seem to escape.  Tough times cause people to be more cost conscious, but this also provides the perfect cover for con artists and scammers.  

No matter where we go these days, social media surrounds us. It seems everyone is saying, “Follow us on Twitter.” “Like us on Facebook.” “For More Information Scan Our QR Code.” Just this week alone I have seen at least a dozen places in my everyday life where social media has come into the real world; At church, On my way home from the airport on the backs of hotel shuttle vans; At my local coffee shop to name a few. Social media is here to stay and businesses of all sizes know it. But what many smaller businesses don’t know or care to realize is that there are several bad habits that still need to be broken in order to make the most out of their social media strategies. Following is a list of these common bad habits and what small business can do to get it break away from these same old mistakes.