Posts Tagged: "inventor"

Invention to Patent: Pitfalls, Perils and Process

To review, the law recognizes that with many, if not most, inventions there will be three steps to the invention process. The idea comes first, followed by the game plan, followed by the reduction to practice. When dealing with some inventions the idea, game plan and reduction happen rapidly. With other inventions there is some time between these steps. As you go along the way your invention will take shape and become more tangible and identifiable. As that happens you very well may have an invention that could be patented. At some point you will need to do a patent search. I am a fan of inventors doing their own preliminary searches, not because you are likely to find the best prior art but rather to educate yourself and learn. The more you understand the better inventor you will become.

A Better Mouse Trap: Patents and the Road to Riches

There are many different reasons why building a better mouse-trap is only the first of many steps on the road to financial freedom. First, there is no guarantee of financial success given by any patent office in the world. This is true even if you have a strong patent that covers a great product that enjoys robust consumer demand. Unfortunately, many inventors operate under the misunderstanding that getting a patent is like owning Boardwalk and Park Place in the popular board game MONOPOLY. The truth is that turning an invention into cash is much more complicated than simply placing hotels on Boardwalk and Park Place. Yes, a patent is an essential ingredient because without one you have no right to exclude competitors from engaging in competitive activities, but you must treat inventing as a business if you want to truly be successful.

Starting the Patent Process on a Limited Budget

It is possible to succeed even starting with a limited budget, but you really do need to plan ahead and develop a strategy that makes sense within your resources and one that doesn’t invest unnecessarily or recklessly. This conserves resources in a responsible way, while still laying the ground work for obtaining the benefits and protections offered by the patent laws. The nightmare scenario you need to avoid is spending to much on any one invention that winds up going nowhere. If this happens you not only lose what you invested, but you also potentially lose valuable funds that could be used to pursue the next great idea you have. Over the years as I have worked with inventors and musicians what I have learned is that creative people are rarely, if ever, only going to create once.

InventionHome Seeks Inventors to Pitch DRTV Companies

InventionHome will be hosting the DRTV Product Summit, a one-day event on October 24, 2013, at Robert Morris University that will give everyday inventors the opportunity to pitch their products to six (6) leading “As Seen On TV” companies in one location. Twenty-four (24) inventors will be selected from all of the submissions received and invited to attend the event. Submissions are due by September 30, 2013. The selected inventors will receive 10-minute private pitch sessions with each of the six companies in attendance (60 total minutes). Essentially, this is the inventor/licensee equivalent of speed-dating.

Turn Your Idea into an Invention with a Good Description

In reality, it is probably better to think of the description requirement as the core to patentability. If you can describe your idea with enough specificity you no longer have an idea, but rather have migrated past the idea-invention boundary, which means you have something that can be patented if it is unique. The crux of this so-called adequate description requirement is that once the first four patentability requirements are satisfied the applicant still must describe the invention with enough particularity such that those skilled in the relevant technology will be able to make, use and understand the invention that was made by the inventor. For the most part, and from a legal perspective, this requirement can be explained as consisting of three major parts. First is the enablement requirement, next is the best mode requirement and finally is the written description requirement.

Patent Drafting: What is the Patentable Feature?

Due to the laws of nature, and the reality that there are only a finite number of solutions to any particular problem, every generation invents, or re-invents, many of the same things. Thus, it is always wise to do a patent search to start the process. I guarantee a patent search will uncover inventions that you did not know were out there. With over 8.5 million utility patents having been granted in the U.S. and well over 1 million pending patent applications, and millions of other published but abandoned patent applications there is always something that can be found that at least relates in some ways. You are always better off knowing about those related inventions. This allows you to determine whether moving forward makes sense, and it also allows for a patent application to be written to accentuate the positive, and likely patentable, aspects of an invention.

Should I File a Patent Before Licensing the Invention?

Without a patent pending you also don’t have anything to license other than an idea that lacks tangible boundaries. While that is not always an impediment to moving forward, the further you can develop your idea the better. The more tangible the more valuable. So an idea is worth something to some people, but an idea that has taken more shape and is really an invention is worth even more. An invention that has been defined in a provisional patent application is worth more, and of course an issued patent takes away much of the risk and questions associated with whether your invention is new and unique. But now we are getting ahead of ourselves. The business of inventing needs to be considered a marathon — not a sprint. Take things one step at a time, proceed deliberately and invest little by little and only so long as it makes financial sense. That is why starting with a provisional patent application is frequently the best thing to do.

Financially Responsible Inventing: Prototype Basics

Getting professional patent illustrations or engineering drawings is certainly helpful, but there is simply no substitute for having a working prototype. Unfortunately, prototypes cost real money. Even though costs have dropped over the past few years thanks to new technologies, the prototype stage is where inventors start to really burn through cash at an alarming rate. For example, if you build an expensive prototype and then need to make a change because it didn’t work so well that means building another expensive prototype. That being the case wise inventors push off an expensive prototype as far into the future as reasonably possible. Instead consider starting with a 3D model, which is much less expensive than a prototype. 3D modeling starts to bring the invention into focus and really can allow you and prospective licensees and partners to envision the invention in a meaningful way.

Déjà vu: Targeting Inventors as the New Boogie Man

The attack on individual inventors using names like NPEs and patent trolls is nearly identical to the attacks previously waged by corporate America on personal injury lawyers, using the McDonald’s hot coffee case as an example of lawyer abuse (now it’s the Wi-Fi patent cases). Like the corporate attacks on everything from the private enforcement of securities fraud claims to unfair business practice, civil rights and age discrimination claims, the new target is patent infringement claims brought by “boogie man” entities that don’t manufacture products.

Why Are Individual Inventors Important To America?

Ray Niro writes in defense of independent inventors: Can anyone cite what section of the Constitution or the patent law reserves the right to obtain and enforce patents exclusively for large manufacturing companies? And how can an individual or small company compete against a large company that decides to copy without concern for the cost or risk of litigation? My plea to those in power is simply this: listen to both sides before you act, please. Stop categorizing all NPEs as bad. Go after abuse where it actually exists. And, please: protect American inventors and invention, not those who copy innovation.

Why Bash Individual Inventor-Owned or Controlled Companies?

Patent Freedom’s data shows that roughly 56% of all NPE suits are brought by companies that are owned or controlled by individual inventors — the original assignees of the patents involved. If you include companies in which individual inventors receive a substantial portion of any license fees or other recoveries, the number is more like 80%. So, why all this hysteria about the evils of entities enforcing and licensing patents, rather than those manufacturing products? The answer is because the debate (if you want to call it that) serves the interests of a group of high-tech companies on the West Coast and some foreign companies who, together, have thrown hundreds of millions of dollars at political groups to influence Congress and even the President.

What is a Patent? Understanding Patents and Patent Law 101

The patent system incentivizes innovation. This is accomplished by granting exclusive rights to inventors or the corporations who own rights by and through their inventor employees. This exclusive right dangles the prospect that if there is a market for the invention it can be exploited only by the patent owner. It is important to note, however, that patents do not protect ideas, but rather protect inventions and methods that exhibit patentable subject matter. In other words, a patent can only protect something that is considered patent eligible. Generally speaking, in the United States the view of what is patent eligible is quite broad.

Getting Your Invention off of the Ground with Crowdfunding

Crowdfunding is a proven way to get initial funding for the commercialization of an invention. Crowdfunding involves posting a project description on the internet, asking for pledges to complete the project, and if the minimum amount of pledges is received by a certain deadline, having the funds transferred to the project. On some sites, such as Kickstarter.com, if the minimum isn’t reached, you don’t get any money. On other sites, such as Indiegogo.com, if the minimum isn’t reached, you still get what you’ve raised.

Patent Claim Drafting 101: The Basics

When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim that defines your invention in broad terms, leaving out any and all unnecessary options. Second, include another claim that defines your invention with as much specificity and with every option you can think of. It does not matter that the claims won’t be in perfect format, with appropriate being defined as the format the Patent Office will ultimately require. At the initial filing stage what matters most is that claims are present and they have appropriate scope, with some being broad and some being narrow and quite specific. By starting to write these two claims you will “bookend” your invention. By this I mean you have disclosed the very broad and generic version of your invention, as well as the highly specified version.

Call for Nominations for 40th Annual Inventor of the Year Award

Nominations are due by May 15, 2013, and the winner (and the nominators) will be honored on Monday, December 10, 2012, in Washington, D.C. at a gala event. The purpose of the award is to increase public awareness of inventors and how they benefit the nation’s economy and our quality of life. To accomplish this goal the IPO Inventor of the Year Award recognizes the most outstanding recent inventor (or inventors in the case of joint invention). Thus, nominations are being solicited from independent inventors, as well as inventors employed in industry, universities, and government.