Frequent Questions

Here are are some of the most frequently asked question we receive during our presentations and via email on this website.

The Great Idea!

I have some great ideas but I don’t want to actually invent the products myself. Is there a company that will pay me for my ideas?
            The good news is that your great ideas are a fabulous start and you may be able to turn your creative ideas into cold, hard cash!  The bad news (if you want to call it that) is that it is nearly impossible to sell ideas. I wish we could tell you that such companies (those that would buy unprotected ideas) exist, but we know of no one who buys ideas. The problem is that there are many people with lots of good ideas
            That said, there is still plenty of room for innovation in this country. Manufacturers do sometimes buy or license the rights to developed products. You may indeed be able to sell your ideas once you have done the research to determine that the ideas are yours to pursue and you have, at minimum, filed a patent application with the United States Patent and Trademark Office.

What should I do after I get a great idea?
            Follow through! Many people have some really good ideas for great new products, but most of them never do anything about it. Thomas Edison, one of the greatest and most prolific inventors in American history, said, "I have more respect for the fellow with a single idea who gets there than for the fellow with a thousand ideas who does nothing." Following through is the difference between a successful inventor and a dreamer.
            Don't get us wrong! There is nothing wrong with dreaming. In fact, it can often be the starting point. Some people daydream terrific ideas. Others actually dream great ideas while they are sleeping. Our terrific idea came in a real dream. Inspiration can come at any time and in many ways. Be open to it.

Through the years, I have seen a lot of my product ideas appear on the store shelves. I now have another good idea. How can I make sure that I get the money from my good idea?
            Now you are on the right track!  Don’t take it sitting down. Do the work necessary to guarantee that YOU will be the one to make the money on your next great idea. That exact thing has happened to almost everyone. How many times have you seen something on the market that you yourself thought of?  We can tell you that it has happened to all of us who are involved in inventing. It is a sinking feeling to see someone else making money from something that we thought of and did nothing about. We believe that ideas are "in the ether" and if an idea occurs to one person, chances are excellent that it has also occurred to several others.  The person who will benefit from it is the one who moves forward, immediately!
Don't dally!  If you do, your great idea could be someone else's invention. The United States is a First to Invent country, not a First to File country so it is very important that you start researching and documenting your progress in an inventor’s journal  And, keep moving forward!  Nothing happens until you make it happen!  Andy Rooney of 60 Minutes says, "Opportunities are never lost; someone will take the ones you miss."  We have seen that this is true.

 

First to Invent
Unlike most other countries in the world, the US patent law system observes the rule that the inventor who first invented an innovation, (not the first person to file for a patent on it) will be granted the patent. In order to prove ownership of an invention, you must prove that you started working on the idea at an earlier date, diligently pursued the invention without ever abandoning the effort, and actually reduced it to practice. This is why your inventor’s journal is vitally important.

I have a great idea, but I don't know how to get started. What do I do first?
            The brainstorm of a great idea is a wonderful beginning but it is only the beginning. Now your inventive adventure begins!  The very first thing to do is to determine if the idea is yours to pursue. With any new idea, you must start at the beginning of the inventive process. It is very important that you not tell anyone about your idea without first having that person to sign a nondisclosure agreement. (You will find sample nondisclosure agreements in the back of this book).

NON-DISCLOSURE AGREEMENT
A non-disclosure agreement (NDA), also known as a confidential disclosure agreement (CDA), is actually a legal contract between the owner of proprietary information (the inventor) and the receiver(s) of that information. It states that the parties agree not to disclose the information covered in the agreement for a specific term (in years).

            Start your inventor’s journal and then perform both a market search and a preliminary patent search. These searches can be time consuming but it is crucially important that both be performed as thoroughly as possible before proceeding further.  The good news is that both of these searches can be done for absolutely no cost at all because you can do them yourself. It will only cost you the time you spend on them. If at this point you find that your invention already exists, you will have saved yourself from investing your hard-earned cash in a futile project.

I have an idea for using an existing product in a completely new way for an entirely new market. Can I get the  company that makes this product to pay me for my idea?
            Hmmm. This would be the absolute easiest route to success if you can finesse it!  It is certainly possible that a company might pay, at least something, for an idea that would expand their existing market substantially. It is not something we have any personal experience with but it sounds reasonable. You might need to approach the manufacturer by explaining that you know of another use and a brand new market for their product that could increase their sales dramatically. Explain that you will tell them what it is if they will agree to pay you a royalty on all sales to that new market. Do your homework before you go to them. Find out how big that potential market could be. Would they be distributing the product to retail outlets that they do not currently serve, or would the product just appear in another part of a store where their product is already sold?  It is certainly worth a try. We wish you great success!

I have a great idea that I just cannot believe is not on the market already. It's so obvious. Why would this be?
            We hope it is because you are the first person to think of this fabulous invention!  However, the sad fact is that some very good products don't reach the marketplace because they are just too expensive to manufacture and sell. 
             But...don't jump to that conclusion. There could be other reasons as well. If a good market search and patent search does not turn up your idea, it would be wise to get a professional marketability study performed. A professional marketability study from a reliable source can give you a definitive answer to whether manufacturing cost is the problem or if there might be another reason this product is not on the market.  The marketability study might also recommend that you move forward quickly with this great idea!
            New products frequently appear that are so obviously useful that they should have been marketed long ago. If you are fortunate enough to come up with something that is very obvious, very marketable, and economically feasible, it could be a real winner!

I have thought of a great invention but I don't have any idea of how to actually make it. What now?
            Thinking out of the box is great and it is often the launching pad for terrific ideas, but thinking too far out of the box may result in frustration. We advise first-time inventors to stay within their area of expertise. Too often first-time inventors confuse an idea with an invention. For example, I may think that it would really be neat to have cars that hovered above the road on jets of air, eliminating the need for tires and making for a very smooth ride. That's an interesting idea, but that is all it is… an idea. I wouldn't have a clue as to how to create such an invention. Or, I might think, “wouldn't it be great to have a machine that you could just walk into that would immediately transport you to another location in the world.”  Those are just ideas!  They are way out of my area of expertise!  Inventions like those will have to be left to the scientists, or more likely, to the science fiction writers.
            Staying within your area of expertise does NOT mean that you have to know everything about how to make your invention right now. It just means that you must have the ability to find out what you need to know in order to proceed with your invention. When we began working on our first invention, Ghostline®, we did not know all that we eventually learned, but we did know that we could find the information. We could find the people who knew the information we needed to learn in order to figure out how to do what we wanted to do.
            We often hear from people who have an idea (a "wouldn't it be nice if" idea) but they don't know how to do it themselves and they don't know how to find an expert in the appropriate field to help them. By the way, if you are not cautious, the expert you hire to help you develop your invention may turn out to be the actual inventor, instead of you.. In order to be the inventor, you must have an idea of a way to make your invention work. At the very least, your expert may have to be listed as a co-inventor. The way to avoid this complication would be to have a special nondisclosure document that would make it clear that you are hiring the expert, paying him for his assistance, and stating that he has no claim of ownership whatsoever to your eventual invention. This document is called a contractor’s non-disclosure agreement and you will find a sample of this agreement on this website in the links on the home page.
            The chances of success for a first-time inventor are greatly enhanced when the inventor stays within his/her area of knowledge. Don't try to invent a complicated device on your first time out. Many simple, yet useful items that will make life easier for all of us are yet to be invented.

How soon will I start making money on my idea?
            This is something everyone with a great idea wants to know!  We certainly did. Unfortunately, there is no quick answer. There are too many variables to be able even to make a reliable guess. We can tell you that it will probably be much longer than you think. Inventing is fun and exciting but it is not a fast process. Some people seem to think that they can have money rolling in within six months of when they first had the idea. There may be cases of this happening, but they are the exception rather than the rule. The period from idea to income will probably take two or three years or more. If you have a great idea however, don’t let the time involved deter you. Once the money does start to come in, all the effort will have been worth it.

I think my idea is a great one but how can I know if it would make a good invention?
            You are a wise product developer to ask this question. Many times independent inventors are so enamored with their ideas that they fail to look at them objectively to determine if they are likely to succeed in the marketplace. There are criteria against which you should measure your idea. If your invention meets all or most of the following criteria, you probably have a winner!

            If your invention meets most or all of the above listed criteria, you have a great chance for success. This does not mean that it cannot be successful if it does not meet all of these criteria; it just means it is not as likely. For example, an expensive item that is a one-time purchase can be a successful invention if the potential market is large enough.

I know that I am the first with this idea. I have never seen it for sale and I would have seen it if it were for sale. Where do I go from here?
            We totally understand how you feel. When you have a great idea for a product that you need and you have never seen it on the market, you just assume that you are the first with the idea. We have to fight that tendency ourselves every time we come up with a new product idea. It is a natural thing to do. We are sorry to have to tell you though, that it is not as simple as that. Many, many ideas that never make it to the market have been patented. If they are in the patent database (if they have ever been patented), you cannot get a new patent on them. The United States Patent and Trademark Office (USPTO) tells us that 97% of the patents issued to independent inventors never make it to market. But they are still patent protected, making them unavailable for new patents. Other great ideas that are not patented have been offered for public sale, perhaps on an obscure website or in a catalog with limited distribution. If they have ever been offered for sale, it will not be possible to get a patent on them.
            So, the first thing you must do after getting your great idea is to complete some research to be as certain as you can that the idea is available for you to pursue. You do this in two ways. First, you will need to do a market search (to be certain that it is not already offered for sale). Then, you will need to do a preliminary patent search. You can do this search yourself from the comfort of your own home or office with the resources that are available over the Internet.

Can I do a market search myself?
            You can and you should!  Before you invest money in your idea, invest your time to determine if the idea is yours to pursue. Start by going to the type of store that would offer your invention for sale. For example, if your idea is an office product, go to office supply stores and make sure that you do not find your invention already being offered. Then, check specialty catalogs that might be likely to carry a product such as yours. Some products are offered online through websites and nowhere else, so it is a good idea to do an online search using key words and checking all of the links that appear for those words.

I have never done a patent search. How do I do this?
            You can do it in one of two ways. You can go to one of the Patent and Trademark Depository Libraries (PTDLs) that are scattered around the country or you can do it from your own computer. Your local library can direct you to the closest PTDL or you can find a complete listing of the PTDLs on the USPTO’s website at  http://www.uspto.gov/go/ptdl/ptdlib_1.html. The PTDL librarians are thoroughly trained to help you to do the best search you can.
            If you choose to do your own online patent search there are a few things you need to know in order to make sure that you check thoroughly.  We offer a free step-by-step guide to patent searching on our website at http://asktheinventors.com/Books/patentsearch.htm. There is also a new free Google patent search site that is very user friendly. You can find it at www.google.com/patents. The aforementioned search sites are for US patents only. If you wish to search international patents, you can do so at www.espacenet.com.

What is a preliminary patent search?
            Good question!  A preliminary patent search is another search that you can and should do before you invest your time, your money and more importantly, your heart and soul into this invention idea. Preliminary patent searches are also often called knockout searches. The purpose of a preliminary patent search is to take a look at the United States Patent and Trademark (USPTO) database to see if you find your exact invention idea. While this preliminary search won’t replace the professional patent search, if you do find your exact invention, you have avoided spending time and money on a futile effort.

 

If it is a simple idea, Could it still be a good one?
            You bet! In fact, it is often the case that the simplest inventions are the best and have the widest appeal. For example, if you were to think of a simple container for breakfast cereal that is easier to deal with than the traditional cereal box, your invention would appeal to millions of people. If, on the other hand, you were to think of a new kind of foot pedal for a unicycle, that invention would appeal to far fewer people.
            Many simple ideas have been the greatest. Where would we be without Ziploc bags?. . . or Velcro?   These simple ideas have made a difference in all of our lives. 

Can I tell all my friends about my great idea?
            Fight the urge!  If this idea is as great as you think it is, you do not want to do anything that might jeopardize your chances of success. Tell only those friends that you trust completely and have them first sign a non-disclosure agreement. You can explain that you must ask them to sign the non-disclosure agreement in order to protect your rights to file for patent protection, not because you do not trust them. It’s the truth.
            Until your idea is protected, it is better to tell as few people as possible. In inventing, the first person to apply for a patent is usually the one who receives it. Because the USPTO observes the one-year rule in regard to patent applications, it is vitally important to always obtain a signed non-disclosure agreement (NDA) for your files before revealing your idea to others. As long as you have gotten a signed NDA before showing or discussing your invention, it is not counted as a public disclosure.. 

Public Disclosure
The USPTO has a One-Year Rule that requires that your patent application is filed within one year of the first Public Disclosure. A public disclosure can be any of the following situations:  showing or describing the invention without first obtaining a signed NDA, describing it in a published document, offering the invention for sale or actually selling it. If you fail to apply for a patent within one year of any of the above instances, the invention will be considered to be in the public domain and not eligible for a patent.

I'm just a kid but I have thought of some great ideas for inventions. Can I be an inventor too?
            Absolutely!  There are products on the market right now that were invented by young people. Did you know that the technology for television was invented by a 14 year-old boy?  Young people are great inventors!  Go to any store and you will see products that were invented by youngsters. There are no age requirements for owning a patent. Go for it!

I want to make a change to a bicycle that will be an added feature. Would I just get paid a royalty on the added feature or on the whole bicycle?
It is all going to depend on the agreement you and your attorney are able to work out with the manufacturer. We believe it would depend on how much your invention changes the bicycle. Is it a small additional feature or is the basic design changed so that bicycles with your invention would be significantly different from ordinary bicycles?  If it is a small feature that would be added to an existing bicycle, you would probably be paid royalty only on the added feature.
            If, on the other hand, your design changes the entire bicycle, we think you could reasonably expect to receive a royalty on the wholesale selling price of the entire bicycle. For example, when CPP International sells a piece of poster board with the Ghostline® grid printed on it, our royalty is based on the total wholesale selling price, not just the cost of adding the Ghostline® grid to an ordinary piece of poster board.

What should I do if I have an idea that improves an existing patented product?
            Most inventions are improvements on existing products. Yours is a legal question and we are not attorneys. That said, this is our understanding of your situation. It depends on the patent on the existing product. If that patent is written in broad enough terms to anticipate your improvement, then you would not be able to develop your product. If, on the other hand, your improvement is not anticipated in the existing patent, you may be able to get a patent on your improved version of the product. I hope that is the case for you. In any event, you should speak to a patent professional. Take a copy of the existing patent along with your improvements when you go to visit with them.

Getting Started

Is it important to document when I first had my idea? How do I do that?
            It can make the difference between having the right to get a patent on your idea and losing the opportunity!  It is very important to document when you first had your idea because the U.S. is a First to Invent country. This means that if more than one person were to file for a patent on the same invention, the person who can prove that he had the idea first and that he has been continuously working on it would be legally considered to be the inventor.
            You can document your idea by starting an inventor’s journal and by filing for patent protection. Throughout our country’s history there have been numerous times when more than one person filed a patent application on the same invention at about the same time. The person who was able to document that he was first with the idea and was continuously working on it was the person who was entitled to the patent. Did you know that Alexander Graham Bell’s patent on the telephone was challenged by another inventor of an extremely similar device? Bell won the right to the patent by proving that he was first with the idea. Henry Ford also faced a challenge when he attempted to patent the automobile. Again, he proved he was first so he was granted the patent. We can’t emphasize enough the importance of documenting when you had your idea!

Can I send a self-addressed letter to myself to prove when I had my great idea?
            Oh, we wish it were that easy!  The short answer is no. The courts have ruled that a self-addressed letter to yourself is not legal proof of when you had the idea. The reasoning is that someone could mail an unsealed envelope to himself, insert a back dated description and seal the envelope at a later time. Popular belief has long held that this “poor man’s patent” would prove the origination date of an invention idea. That is simply not true.

What are the very first things I should do to get started?
            At the risk of being redundant. . . start an inventor’s journal, perform a market search, and a preliminary patent search.  This bears repeating, however. It is that important!

I didn’t find anything at all in my patent search. That’s good, right?
            Not really!  If you found nothing, at all, even close to your idea, you may not have done a thorough enough search. Most ideas will turn up some similar patents or at the very least patents on products designed to solve the same problem. Patent searching is a tedious task and, even with our guide, it should take you at least a day or two to carefully look at patents using key words and then look at prior art and classification numbers. You may not have taken enough time doing your search. Get back to work!

PRIOR ART
Prior art is a broad term given to all knowledge, products, patents, information etc. which relate to the subject matter of a patent application and which was public prior to the date the patent application was filed. In addition to products on the market, prior art can include information in published articles and known methods and techniques.

I found a patent on my idea but it has expired. Can I get a new patent on it?
            It would be great if we could do that, but the answer is a resounding no!  Once a patent has expired, it goes into the public domain. That means that anyone can manufacture, distribute and sell the product. The technology described in the patent belongs to everyone and anyone who chooses to use it.

In trying to do my online patent search, I cannot get any of the images. What am I doing wrong?
            Relax!  You are not doing anything wrong. Your problem is easily solved. First, you must have Adobe Reader (a free download) and then you simply need to download either InterneTiff or AlternaTiff, free programs that you can find by simply typing InterneTiff or AlternaTiff into Google or another search engine.

PRINTING PATENT IMAGES
When you are viewing patent images and wish to print them, click on the icon at the top of the image page, NOT the icon at the top of your monitor that you normally use for printing.

I’ve done my market search and my preliminary patent search and have not found my exact idea anywhere. How can I start claiming this idea as mine?

            Wonderful!  It’s looking good for your idea at this point. You can start claiming the idea as yours in a couple of ways. First, you can (same song different verse!) . . . start keeping an inventor’s journal!  Second, you can begin using non-disclosure agreements each and every time you show or discuss your idea with anyone. Since the U.S. is a First to Invent country, it is very important that you start documenting when you first had the idea, when you started working on it, and that you have been continuously working on it without long periods of inactivity. We are going to keep telling you to start your inventor’s journal until it becomes ingrained, so get used to a little nagging. Like your mom, though, we are doing it for your own good!

What is an inventor’s journal and where can I get one?
            The inventor’s journal is simply a blank book with stitched-in (not glued-in), lined pages that are numbered. You can number them yourself if the book does not come already numbered. You can get them from many sources. They are often called composition books and generally are available from drugstores, grocery stores, office supply stores, etc. The cost is minimal, usually under $5. A little fancier, and a little costlier, version is also available from the United Inventors’ Association (www.uiausa.org).

How do I fill out an inventor’s journal?  
            Very carefully and thoroughly!  Your journal will only be considered a legal document and proof of when you had your idea if you fill it out in a very precise manner. You can start out by describing and drawing your invention the best that you can. Then you need to have two people who are not related to you to read your description and sign and date the page where you described it. This is very important. It is essential that you keep your journal in exactly the right sort of journal book. It must be a book in which the pages are stitched or sewn in. It must not be a book with glued pages. Another important thing about your journal is the manner in which you write your entries. Write your idea in detail in the book and include drawings as needed. Fill in the pages completely, writing in ink from top to bottom and side to side, ignoring the margins. You must write on every single line all the way across the page. If your sentence ends before the end of the page leaving a portion of blank line, simply line through that area to indicate that it was intentionally left blank at the time of the entry. Ignore the margins. Just completely fill it in. Do not ”white out” or erase anything. Just cross out any mistakes. You must not leave any spaces that could be filled in at a later date. That is why it is important to cover each entire page. Do not skip any pages. Write on both the front and the back of each page. Your journal is VERY IMPORTANT because it establishes when you first got the idea and exactly what your idea is.
            Each new entry into the journal should start immediately following the last entry. It is important to always date the beginning of each entry. Your journal will be a complete record of your progress with your invention. Keep it just like a diary. Tell every detail of your efforts regarding your invention. List names of people you talk with and new ideas relating to your invention as they come up. The journal can serve as legal proof in a court of law of when you first came up with the idea for your invention and how you developed it.
            If two people have the same idea and both have journals, the one with the earliest beginning date will be considered the inventor. This is the reason it is important not to leave any blank spaces as you write in your journal. If you need to show your journal in a court of law, and the spaces are all filled in, it doesn't look as if you came back at a later date and added information.
            After you have thoroughly described your invention, ask a friend who will have no financial interest in your invention to read, sign, and date the book after he/she has signed a nondisclosure agreement (NDA). Date each subsequent entry and keep a continuous record of your progress with your invention. Staple receipts for materials, etc. to the pages if you wish. Periodically, ask a friend to read, sign, and date the journal. It does not have to be the same friend as long as you have a signed nondisclosure agreement from each person who participates.

When you talk about keeping a journal (which I have started) and having 2 people sign it other than a relative....does that count significant others or domestic partners?  
            Would that significant other or domestic partner share the benefits from your invention? If so, they should not be the ones to witness your journal. Your journal should be witnessed by people who would not profit from your invention.  

Also, is there a time limit on how soon someone signs the journal after you write your initial idea description?
            There is no time limit but. . . the sooner the better!

What if I need to tell someone my idea in order to get his or her help? 
            There is a right way and a wrong way to do it. Be smart!  Do it the right way to protect your invention and your right to file for patent protection on it. If you need to tell someone, ask him to sign a non-disclosure form. You can find sample NDA’s at the back of this book. Do NOT show or discuss your idea with anyone, even a professional service provider, such as a prototype designer, without having him to sign the appropriate NDA for your files. The exception to this rule occurs when you discuss your invention with a patent agent or a patent attorney. These individuals are bound by the ethics of their professions to hold your idea in confidence, so sharing the idea with them without using an NDA will not start the clock ticking on your patent filing date.

What are non-disclosure agreements and why are they important?
            You need to get familiar with these right away. NDAs, described in Chapter One, are legal documents that should be used liberally by every inventor.  Non-disclosure agreements (NDAs) ,sometimes called confidentiality agreements, are extremely important for protecting your idea and for allowing you the time you need to develop your product. They are simple legal documents that you should have signed by anyone to whom you show your invention. The documents state that the recipient has seen your invention and he agrees not to tell anyone else about it or to use it in any way.  In addition to putting the receiver of the information on notice regarding your ownership of the information, the NDA serves another very important function.  Getting a signed NDA for your files before revealing your invention prevents the disclosure of the idea from being a public disclosure.  A public disclosure starts the clock ticking on the filing date for your patent application, allowing you only a year in which to file.
            A sample non-disclosure document, prepared by our Texas patent attorney, is provided at the back of this book. It can also be printed from our website (on the home page under the Ghostline® ghost on the right side of the page).  The NDA is a legal document that you will keep in your files to prove when and to whom you showed your idea.
            There are two basic types of NDAs that are used by independent inventors. The first is a standard NDA and it should be used when showing or discussing your invention with anyone. The second is a Contractor’s NDA and it should be used when hiring any professional to help you make a prototype or develop your invention. The Contractor’s NDA simply states that they are working for hire and any improvements or changes they make to the invention remain the sole property of the inventor. This NDA protects the inventor from inadvertently ending up with a co-inventor who would have a claim on the invention.

Do I have to go to an attorney to have a non-disclosure agreement created?
            You can, if money is just burning a hole in your pocket and you want to spend more than you have to.  Unless there is something about your invention that requires more specific information than the usual NDA’s provide, you do not need to go to an attorney to get an NDA. NDAs are readily available from multiple sources. You can find sample non-disclosure agreements in the back of this book. Also, most inventor clubs give free non-disclosure agreements to their members and guests. Free non-disclosure agreements can be found on the United Inventors’ Association (www.uiausa.org) website as well. If you have any question about the protection of the NDA you plan to use, consult an attorney or an agent in your state.

I don't know what kind of protection I need for my idea (Patent? Trademark? Copyright?)
            We cannot advise you for your specific situation, but these are the differences, as we understand them. A utility patent, also referred to as a non-provisional patent, protects useful processes, machines, articles of manufacture and compositions of matter. A design patent is granted on the ornamental design of a functional item. A trademark is for a product name, logo or slogan that describes a product. A copyright is for written, musical, or artistic work. An intellectual property attorney could tell you which kind or kinds of protection would be appropriate for your idea.  Most patent attorneys and patent agents do not charge for the first visit with an inventor. Or, if you don’t know a patent attorney or patent agent, head to your local inventor’s club where you will probably be able to discuss the type of protection you need with a patent attorney or patent agent for absolutely no charge.

What happens if I find my product already for sale or already patented? Does that mean I am out of luck?
            Don’t give up until you have no alternative!  You may or may not be out of luck. It depends on several factors. If you find that your invention idea is already offered for sale and it is not patented, you may manufacture and sell it, too. If it is not patented, it is in the public domain. That means anyone is entitled to make and sell it. Many successful products have never been patented at all. The Post It Notes product is a well-known item that falls into this category.  That product was never patented but it has certainly been a success in the marketplace. Many different companies make their own versions of it.
            If you find that your product is already patented but is not on the market, that too, may offer you an opportunity. If the inventor never managed to get his idea to market, he may be willing to either sell the patent rights to you or he may be delighted to find someone who is as enthusiastic about the idea as he is and thus be willing to partner with you. You can find the patent holder’s name and address listed on the patent.

PUBLIC DOMAIN
A literary work or an invention whose copyright or patent has expired or that never had such protection is said to be in the public domain. These works and inventions are available to anyone.

Do you have a list of the steps of inventing that will help me keep on track with my invention?
            We do. While many of the steps to inventing are the same no matter what your product is, there are few hard and fast rules of what must be done and when. These are steps we took when we invented Ghostline®. You may wish to use them as a guideline or you may want to blaze your own trail. Whatever you choose, hold on to your hat for a wild ride!  Inventing is exciting, exhilarating, discouraging, tedious and thrilling (sometimes all in the same week!).

I feel so all alone in this process. I need a support group to help me through this. Are there clubs for independent inventors? If so, where can I find them?
            Indeed, there are such organizations and you are a wise inventor to seek them out! Inventor clubs often have patent attorneys and patent agents among their membership who give freely of their advice at the meetings. There are usually members who are prototype professionals, marketing professionals, as well as inventors at every step of the inventive process. The networking opportunities and the shared resources at the meetings can make the difference in whether you get your product to market or not.
            Inventors Digest Magazine (www.inventorsdigest.com) and the United Inventors’ Association (www.uiausa.org) both maintain lists on their websites of active inventor clubs.
            If you are not in an area served by an inventor’s association or club, you can find support and encouragement on websites like ours as well as the websites of Inventors Digest Magazine and the United Inventors’ Association. There is help if you seek it out!

I have a great idea for a baby product. My friends tell me I should take it to Babies R Us. Should I?
            Whoa!  We know you are excited about your idea but you could ruin your chances of making any money from it if you rush off to show some company your idea before you have done your due diligence. Undoubtedly, your friends are excited about your idea and want you to jump right to the end of the process. They mean well, but it would be a BIG mistake to do that now. You should have some protection in place before you show it to any manufacturer or retail store. But, first things first. . . do a market search and a patent search before you do another thing.

Making it real!  Build a prototype

What is a prototype?
The dictionary describes it this way:  “the original or model on which something is based or formed”  For an inventor, a prototype is simply a working model of the invention.  It does not need to look like the final product. It does not need to be made of the materials of the final product. It only has to show what the invention is, how it works, and that it does work. That's it!

I know my invention will work the way I envision it.  Why do I need to actually build a prototype?
Your words sound familiar to us because we felt the exact, same way!  But not going through the prototype process would have been a huge mistake.  We thought we knew exactly what our invention should be.  Ghostline®, our invention, is lines that can be seen up close for lettering or drawing on poster board.  We made our first prototype by simply measuring and drawing light pencil lines on poster board.  When we got ready to have our first prototypes printed (after studying inks, screen and off-set printing) we first tried extremely thin black lines (too dark!  We could see them across the room!).  Then we tried gray lines (again too dark!)  We decided to try blue lines (again, no good!)  We thought we had hit upon the correct ink formulation when we tried pure white (too hard to see!).  When we decided on yellow lines and had the first batch printed we were elated when we saw them at the printers (under florescent lighting).  The lines were easy to see up close but could not be seen at a distance.  We thought we were home free until we took them home and placed them on the kitchen table (under incandescent lighting). . . OOPS!  The lines disappeared entirely!  All in all, on a simple invention like ours, we went through seven or eight prototypes before we finally hit upon the exact right formula that made the lines visible from a writing distance but virtually imperceptible from any distance away. 
We learned that even the simplest of inventions needs to go through the prototyping process.  During that process you will find things that will not work, that you thought would work.  You will discover improved ways of making your invention that you might never have thought of if you had not made a prototype. 
Going through the prototyping process you will be able to make your invention in the best possible form.  This is very important when it comes time to file for your patent protection.  You want to be the one who has thought up every possible improvement on your invention before someone else does and makes your patent obsolete. 
We strongly urge every inventor to make a prototype of their invention, if they can at all! Skipping the prototyping process is a big mistake!

Can I build my own prototype?
Absolutely!  In fact we encourage you to make your own prototype.  You can make it out of any materials or even other products that you find.  Go to the hardware, hobby or any specialty store that might have the parts you need to assemble your prototype.  Build it to be certain that it works the way you think it will. 

Does my prototype have to look like the final product?
No, it only needs to demonstrate what your invention is, how it works, and that it DOES work. 

How can I find someone to help me build a prototype?
There are many sources of help.  The first place to look is your local inventors club that may have professional prototypers as members.  Another place is in the Yellow Pages.  Sometimes they are listed as prototypers.  Other times they will be listed according to the services they provide.  For example, if you need a machine shop to help you simply look under “machine shops” or “metal fabrication.”          

How much will it cost to build a prototype?
There is no way to even guess at the answer to this question.  It all depends on your invention, its complexity and the materials of which it is to be made. 

I don’t have a machine shop; can I make my own prototype?
If you have tools to use or can borrow them from a relative or friend.  Many independent inventors devise ways to make their first prototype themselves.  If you can, do it!

My prototype needs some engineering, where can I find help building it?
If your product needs engineering help you may be able to find that in the engineering department of your local university.  Often graduate or senior students will take on projects for independent inventors for bargain prices.

My prototype needs to be made of plastic, how can I do that?
If your prototype needs to be made of plastic you can find listings for plastic manufacturers.  Speaking of plastic prototypes, if you only want to make one or two working models you may be able to make them yourself with the help of a video that explains how to make your own plastic prototype from simple readily available materials. You can find that video at www.plasticprototypes.net.

Check out this source for rapid prototypes!

Alpha Prototypes

Rapid Prototyping Services - the process of converting CAD drawings into physical parts. Specializing in stereolithography. Easy online quotes that provide instant pricing for prototypes.

What is an injection mold?
It is an expensive mold used by manufacturers.  They pour liquid plastic or other materials into the mold and create thousands or millions of identical products.  Injection molds are extremely expensive often costing from $20-30,000 on the low side to well over $100,000 or more!  Most independent inventors find the costs prohibitive.  That is really just as well in most cases, if you plan to license your product. Unless you plan to be the manufacturer of your product you should make the best prototype that you can to show what your invention is, how it works and that it does work.  Then, if you license your product, let the manufacturer get the injection molds made.  It is unlikely a manufacturer would use your mold even if you had one made.  It is likely that they will make minor changes that would necessitate a new mold anyway. 

 

How can I be sure that my idea is not already out there?

It is essential to conduct both a market and patent search to make sure that you are the first person with the idea.  We suggest that you start by going to the type of store that would eventually offer your invention for sale.  For example, if your idea is an office product, go to office supply stores and make sure that you do not find your invention already being offered for sale.  Also, check specialty catalogs that might be likely to carry an invention such as yours.  If you do not find it at the kind of store that carries similar items or in a catalog, it is time to do a patent search.  There are several ways to do this.  One way is to go to the nearest Patent and Trademark Depository Library (see the list posted on our website under "Libraries").  The librarians in the Patent and Trademark Depository Libraries are very knowledgeable and helpful and this service is free.  Or, you can conduct a fairly thorough search online by going to www.uspto.gov (on our "links" page) if you enter every key word that you can think of to describe your invention.  It is also very important to do a "classification" search.  Many times you will come across inventions listed in the same classifications as yours that you might have missed doing only a key word search.  It is also very important to search all possible years.  When we were inventing Ghostline, we found a patent from 1877 (that was NOT a typo) that had to be listed as "prior art" for our second patent.  If you need a little help in doing the search online we offer a free patent search e-book.  Just request it through our website and we will send it right out to you.   Finally, you can hire the search done by either a patent agent or one of the firms that specialize in this service in the Washington, DC area.  We have links to the patent agent we personally use as well as a firm we trust in the DC area.  You can find links for both on our "Helpful Links" page.

What if I need to tell someone my idea in order to get his or her help? 

If you need to tell someone, have him or her sign a "non-disclosure" form that says that they are not allowed to talk to anyone else about the idea. You can find a sample NDA that you may print out on the right side of our home page right under the little Ghostline ghost.

I don't know what kind of protection I need for my idea (patent? trademark? copyright?).

We are not attorneys so we cannot give you any legal advice but these are the differences as we understand them.  A utility patent is for an invention that is utilitarian (it has a use).  A trademark is for a product name, logo or slogan that describes a product.  A copyright is for written or artistic work.  An intellectual property attorney could tell you which kind or kinds of protection would be appropriate for your idea.  

What should I do after I get a great idea?

Follow through! Many people have some really good ideas for great new products, but most of them never do anything about it. Thomas Edison, one of the greatest and most prolific inventors in American history, said, "I have more respect for the fellow with a single idea who gets there than for the fellow with a thousand ideas who does nothing." Following through is the difference between a successful inventor and a dreamer. Don't get us wrong! There is nothing wrong with dreaming. In fact, it can often be the starting point. Some people daydream terrific ideas. Others actually dream great ideas while they are sleeping. Our terrific idea came in a real dream. Inspiration can come at any time and in many ways. Be open to it.

Once I have a good idea for a new invention, then what?

The first thing to do is to start keeping a journal. In the journal you need to describe and draw your invention the best that you can. Then you need to have two people who are not related to you to read your description and sign and date the page where you described it. This is very important. It is essential that you keep your journal in exactly the right sort of journal book. It must be a book in which the pages are stitched or sewn in. It must not be a book with glued pages. Another important thing about your journal is the way you write in your entries. You must write on every single line all the way across the page. Ignore the margins. Just completely fill it in. Each new entry into the journal should start immediately following the last entry. It is important to always put the date at the beginning of each entry. Your journal will be a complete record of your progress with your invention. Keep it just like a diary. Tell every detail of your efforts regarding your invention. List name of people you talk with and new ideas relating to your invention as they come up. Your journal will show when you first had your idea and how you developed it. The journal can prove in a court of law when you first came up with the idea for your invention. If two people have the same idea and both have journals, the one with the earliest beginning date will be considered the inventor. This is the reason it is important not to leave any blank spaces as you write in your journal. If you need to show your journal in a court of law, if the spaces are all filled in, it doesn't look as if you came back at a later date and added information. You can find inexpensive books that are perfect for this purpose at any drugstore, grocery store or office supply store. They are often called 'composition books' and can be purchased for under $3.

INVENTION IDEAS

I have some great ideas, but I don't want to actually invent them myself.  Is there a company that will pay me for the ideas?

Many people want to sell an idea but that is nearly impossible unless your invention is a toy and that industry works in a completely different way. Many times patents are not required for toys or games. Generally companies want to buy inventions that are protected with a patent. 

I want to make a change to a bicycle that will be an added feature.  Would I just get paid a royalty on the added feature or the whole bicycle?

We believe it would depend on how much your invention changes the bicycle.  Is it a small added feature or is the basic design changed so that bicycles with your invention would be significantly different from ordinary bicycles?  If it is a small added feature that would be added to an existing bicycle you would probably be paid royalty only on the added feature.  If, on the other hand, your design changes the entire bicycle, we think you could reasonably expect to receive a royalty on the wholesale selling price of the entire bicycle.  For example, when Carolina Pad sells a piece of poster board with the Ghostline grid printed on it our royalty is based on the total wholesale selling price, not just the cost to add the Ghostline grid to an ordinary piece of poster board.

My invention is a . . . . . . . . . and I want to know if you would be interested in partnering with me?

We are flattered that you would ask us to "partner" with you but we partner only with one another.  We may be able to help you by working as your agents, if your product is in the school/office supply category.  If it is not, we may be able to recommend legitimate agents who do work in the area of your invention.

I have an idea for using an existing product in a whole new way for a completely new market.  Can I get a company to pay me for my idea?

It is certainly possible that a company might pay, at least something, for an idea that would expand their existing market substantially.  It is not something we have any personal experience with but it sounds reasonable.  You might need to approach the manufacturer by explaining that you know of another use and market for their product that could increase their sales dramatically.  Explain that you will tell them what the market and use is if they will agree to pay you a royalty on all sales to that new market.  Do your homework before you go to them.  Find out how big that potential market could be.  Would they be distributing the product to retail outlets that they do not currently serve, or would the product just appear in another part of a store where their product is already sold?  It is certainly worth a try.  We wish you great success!

We are students and we want to know how to invent an automatic napkin dispenser.  Can you help us?

The name of our website may have caused you some confusion.  It sounds like we answer any question but actually this is a website run by my sister and me, who try to help people who want to be inventors.  We give them advice and tell them the steps they need to take to go from having an idea to having an actual product on the market. 

I have thought of a great invention but I don't have any idea how to actually make it.  What now?

We advise all first-time inventors to stay within their area of expertise.  Too often first-time inventors confuse an "idea" with an invention.  For example, I may think that it would really be neat to have cars that "hovered" above the road on jets of air, eliminating the need for tires and making for a very smooth ride.  That's an interesting idea, but that is all it is, an idea.  I wouldn't have a clue as to how to actually make such an invention.  Or, I might think, wouldn't it be great to have a machine that you could just walk into that would immediately transport me to another location in the world.  Those are just ideas!  Way out of my area of expertise!  Inventions like those will have to be left to the scientists, or more likely, to the science fiction writers. 

Your area of expertise does NOT mean that you have to know everything about how to make your invention right now.  It just means that you must have the ability to find out what you need to proceed with your invention.  When we were first working on our first invention, Ghostline, we did not know all that we eventually learned, but we did know that we could find out what we needed to know.  Or, we could find the people who knew the information we needed to learn in order to figure out how to do what we wanted to do.

We often hear from people who have an idea (a "wouldn't it be nice if" idea) but they don't know how to do it themselves and they don't know how to find an expert in the appropriate field to help them either.  By the way, the expert you hire to help you develop your invention may turn out to be the actual inventor, not you, if you are not cautious.  You must know of a way to make your invention work to be the inventor.  At the very least, your expert may have to be listed as a "co-inventor."  The only exception to this would be if you have a special nondisclosure document drafted (by an intellectual property attorney or a patent agent) that would make it clear that you are "hiring" the expert and they have no claim whatsoever on your eventual invention. 

The chances of success for a first-time inventor are greatly enhanced when the inventor stays within his/her area of knowledge.  Don't try to invent a complicated device on your first time out.  There are many simple, yet useful, items that will make life easier for all of us yet to be invented.

I have invented a new food item.  Does the information on your website apply to food inventions also?

Food items are some distance away from the types of inventions we are familiar with, but you may need to get some sort of protection, depending on exactly what your item is.  If it is a new recipe for something you may only need to keep it confidential as a "trade secret."  A patent attorney or patent agent could tell you for sure.

Inventors Digest Magazine devoted an entire issue to the development and marketing of food items.  Just go to www.inventorsdigest.com and look for 'Back Issues.'  Then look for the one that say, "Inventing for Food" on the cover.  Perhaps that magazine will give you some guidance in the development and submission of a new food item.

I have a great idea that I just cannot believe is not on the market already.  It's so obvious.  Why would this be?

Some very good products don't reach the marketplace because they are just too expensive to manufacture and sell.  But...don't jump to that conclusion.  There could be other reasons.  If a good market search and patent search does not turn up your idea, the Wisconsin Innovation Center, http://academics.uww.edu/business/innovate/index.html , is an excellent place to start.  Their evaluation can give you a definitive answer to whether or not cost is the problem.

How can I figure out how much it will cost to manufacture my invention?

That can be a difficult thing to do, but here are some guidelines:  Most products need to be able to retail for 4 to 5 times the cost of producing them.  So, if you can find a similar product that is on the market, look at the retail price and divide that by 4 or 5, that should give you a 'ballpark' idea of the cost of production.  If you cannot find a similar item, look at other items that would be made from the same materials and use approximately the same amount of materials and see if you can do the math backwards on them.  This is a very rough way to do it.  Obviously the best way is to find the cost of the raw materials and get estimates from manufacturers on the cost of producing the item.

FUNDING

I have good ideas but no money.  Where can I find funding?

Funding is about the biggest obstacle an independent inventor has to face.  We have a couple of links for you to check out.  Each one has several sources of possible funding.  The first, www.uiausa.com/ConnectionPage.htm#funding , is from the United Inventors Association website.  The second link, http://inventors.about.com/cs/gettingthemoney is from a search engine called About.com.  There are a number of funding sources listed there.  We do not have personal experience with them, so check them out thoroughly before doing business with them, but we have no reason to believe that they are not legitimate, either.  It is just a good policy to check out any unknown source.

PROTOTYPES

Where can I get a prototype made and what will it cost?

Prototypes do not have to be elaborate or expensive.  It does not have to be made of the materials that the final product would be made of.  Just make it out of any material you can find.  It only needs to demonstrate what your invention is, how it works, and that it DOES work.  If your invention is something that you cannot make even a rough prototype of yourself there are companies that specialize in making prototypes.  Their fees can sometimes be quite expensive so if you are able to make it yourself you are often better off to do so.  Watch our "Helpful Links" page.  We expect to list several reputable prototype makers there soon.

If your prototype is something that needs to have a plastic injection mold they are extremely expensive.  Now, however, there are less expensive alternatives.  A process that is called "Rapid Prototyping" accomplishes the alternatives to plastic injection molding.  The machines that do the rapid prototyping are basically 3-D printing machines.  The machines take a drawing and "build" a model, microscopic layer by microscopic layer.  There are several different machines that are able to build prototypes in this manner.  The most common rapid prototyping machine are the ThermoJet, Genisys, Prodigy, JP System 5, Objet Quadra and the Z402.  You can find listings for companies all over the world that provide rapid prototyping servies by using the keywords, "Rapid Prototyping Service Bureaus" or by going to:  http://home.att.net/~castleisland/u_lks.htm .  On this site, page down to the heading "Commercial Service Providers" and you will be able to find the rapid prototyping service nearest you.

Rapid prototyping does not replace plastic injection molding for durability.  It is, however, able to make a prototype that will clearly demonstrate what will be needed to manufacture your invention.  A prototype made with the rapid prototyping process is usually more than sufficient for an inventor to show a prospective licensee.  And, the cost is dramatically less expensive.  It is not unusual for a plastic injection mold to cost tens of thousands of dollars.  Rapid prototyping can cost around $20 per cubic inch of material used to make it.  That's quite a difference.

What is a prototype?

It is a model of your invention. It does not have to look exactly as you envision the final product to be. It just has to be a good enough model that any prospective manufacturer could see exactly how it works, and that it will work. Your prototype may be made of cardboard, when the actual product would be made of plastic or metal.

Are "virtual prototypes" useful for independent inventors?

Yes! When the cost of making an actual prototype is prohibitive virtual prototyping is an excellent alternative. Virtual prototyping consists of 3D CAD animated drawings that illustrate what your product would look like from every angle. If there are working parts to your invention they demonstrate how the parts work. Virtual prototyping can be expensive but we know of a source of excellent virtual prototypes at the most reasonable costs available. Contact us if you wish to get a referral.

PRODUCT EVALUATIONS

Do I really need a professional evaluation of my invention?

Before you spend a lot of money on a patent for your invention it is a good idea to get it evaluated by a professional firm.  They can analyze the competition, the market acceptance and the cost of manufacturing your product, among other things.  There are several places you can go for legitimate invention evaluations ( Beware of the scam evaluation and promotion companies!) The costs for their services vary generally from around $50 (for a very limited study of your invention) to around $500 for a very thorough and useful evaluation.  You will find a few listed on our "Helpful Links" page and our "Want Us to Help You?" page.

Is it possible to get a market evaluation before you begin the patenting process, or should you wait until you get some type of protection?

It is not only possible to get a market evaluation first, it is highly recommended!  Most people, in their zeal to get their great ideas 'out there,' don't consider 'doing their homework' first and sometimes cause themselves a lot of grief.  It is great to hear from someone who is doing their product development in a methodical way.

If you get a good evaluation before proceeding to patenting, you can often save yourself a lot of money, far more than the cost of the evaluation.  These evaluations cover so many important things that product developers need to know about their new products, such as who (and what) your competition is, where the actual marked lies, how large the possible market may be, manufacturing cost vs. retail selling price, possible weaknesses in the product that could be corrected before patenting, even possible licensees, etc.  Good evaluation services have contacts all over the world that they utilize in evaluating new products.  That is something that an independent product developer would find very difficult and time consuming to do.

These services will provide you with signed non-disclosure documents, so you can feel comfortable in disclosing your information to them. We have two such services that we recommend on a regular basis because we know them to be thorough and reasonable in price.  They are:

http://academics.uww.edu/business/innovate/index.html and

http://uiausa.com/UIAIAP.htm .

 

How did you find your patent attorney?

We joined our local inventors group and got the recommendation from them.  We actually visited with about four attorneys before we decided on one.  We hired him, had difficulty communicating with him and finally went back to the first patent attorney we saw.

How much did it cost to get a patent?

In 1994-95, when we were getting our patent, it cost between $6,000 and $8,000.  We paid around $2,500 to start and then paid other fees as they were due.  It is our understanding that most patent attorneys allow clients to pay fees as they come due and as work progresses on the patent.  Many patent attorneys or patent agents do not charge at all for the first visit with them when they evaluate the patentability of your invention.  Check to be certain that this is their policy, however, before scheduling an appointment.

What is a Provisional Patent Application and how might that help me, an independent inventor?

A provisional patent application is exactly that, an application. It will never result in an actual patent unless you convert it to a regular utility patent application. There are advantages to filing a provisional patent application if your product is ready for licensing (i.e. a thorough patent and market search has been done, a working prototype exists, and an analysis of cost of manufacturing vs. retail selling price has been done). It is also a good idea to have a professional product evaluation performed by a legitimate source (NOT THE COMPANIES YOU SEE ADVERTISED ON RADIO, TV AND IN PRINT!). The filing fee for a provisional patent application is only $100 (significantly less than the filing fee for a regular utility patent application). The beauty of the PPA is that it allows you to legally state that your product is "patent pending" from the moment you drop your application into a U.S. mailbox. You are then ready to present your product to potential licensees with some degree of comfort that they are unlikely to "rip you off" knowing that you have filed with the USPTO. Also, if you are able to find a licensee during the one year time period of the PPA then the licensee would likely pick up all the expenses related to filing and prosecuting the actual utility patent. You, of course, would still be listed as the inventor on the patent. The disadvantage of a PPA is that it has only a one year time period. If you let the one year elapse without converting it to a regular utility patent application and you have divulged your idea without the use of NDA( i.e. made a public disclosure of your idea), then you would forfeit your right to ever file for a patent on that invention. (Remember, we are not attorneys and there may be nuiances of the law and filing requirements that a competent attorney could and should help you to understand.) If you have NOT divulged your idea without using an NDA you may still file for a patent on your idea. You would, however, lose the earlier filing date that you would have benefited from if you had converted your original PPA to a regular utility patent application.

How much does it cost for a professional to write a Provisional Patent Application?

It all depends on where you go for help. Rates vary widely. Most attorneys and agents charge between $800 and $2,400 to write the provisional patent application.

I have a patent which I have licensed to a company. They are supposed to pay the patent maintenance fees. How can I be sure that they have paid them?

Maintenance fee information is available on the USPTO website and you can pay your maintenance fees online there. The exact location is: http://ramps.uspto.gov/eram/patentMaintFees.do

Did you do your own patent search?

We did.  In 1994 it was before patent searching on the internet was available through the United States Patent and Trademark Office's website (www.uspto.gov) so we did it at our local Patent and Trademark Depository Library.  The librarians there are trained by the USPTO and can help you to do a fairly thorough patent search yourself.  After having satisfied ourselves that our idea was patentable our attorney recommended that we have a professional search done also.  That is a good idea even though it turned out that we found the same "prior art" that the pros did.  Our attorney had the professional search done for us before we knew that we could go directly to the patent search firms rather than through the attorney and save a bundle of money in the process.  Our attorney charged us approximately twice what it would have cost if we had hired the professional searchers ourselves. 

Is the patent search guide you offer enough of a search before I file for a patent?

No!  The patent search guide teaches you how to do a preliminary patent search only.  It serves several purposes.  First, it allows you to do a "knock-out" search.  In other words, if you find your idea right away, you will save yourself further time and money if you know how to look for it in the patent database.  Also, if you do the best search that you can possibly do and have not found your invention, but you have made notes of the patent numbers and perhaps printed out the patents that are closest to your idea, you can save yourself some money when you take it for a professional search. 

I have done a patent search using your guide and found absolutely nothing!  Is this good news?

Not really.  If you found nothing at all even close to your idea, you may not have done a good enough search.  Most ideas will turn up some similar patents.  Patent searching is a tedious thing and even with our guide, it should take you at least a day or two to carefully look at patents from key words and look at prior art and classification numbers. 

Do I have to have a patent attorney?

You can submit your own patent application but we would not advise it. The rules of the USPTO regarding exactly how a patent application should be are very specific. Your best chance for actually getting awarded a patent are with the help of a competent patent attorney or patent agent. The road to getting a patent is long and there are pitfalls that a good attorney can help you to avoid. Also, a patent attorney or patent agent can write the claims in such a way that your patent is more likely to be comprehensive, affording you more protection.

We personally recommend patent attorney, Alan Theile. He is with Strasburger, Attorneys at Law, in San Antonio, Texas but he works with inventors all over the country. In addition to being an intellectual property attorney he is also a contract and international contract expert. To reach him Click Here.

I had my attorney file for a patent on my behalf.  When the "first office action" came back from the USPTO my attorney recommended that I drop it.  I did and then a year or so later I saw "my invention" on the market patented by someone else!  I feel betrayed by my attorney and the USPTO!  Do I have any legal recourse?

We are surprised that your attorney was willing to just accept the first office action (rejection of the patent, citing claims on other patents) as this is indeed routine with the patent office and it is almost unheard of for a patent to be accepted and issued without at least one office action.  Most attorneys and their clients understand this and just prepare to have to rewrite some claims in order to have it allowed.  We do understand that there is some attorney costs involved in rewriting the claims and resubmitting to the USPTO, but it is usually not as much as the writing of the initial application and can usually be paid over some period of time.  This is a real shame that you elected to drop it, especially since someone later patented essentially the same thing. 

As for whether you have recourse with the patent office, or your attorney, this is a legal question and we are not attorneys, so we cannot say what you might be able to do.  We would suggest contacting a different patent attorney for advice on how to proceed.

Does the USPTO routinely reject patent applications at the "first office action" in order to drive up costs for independent inventors?

We don't know.  We do know that it is their job to make certain that they protect patents that are already issued by rejecting any claims that could overlap those on existing patents.  So, for this reason, we believe they sometimes get over zealous in rejecting claims just to protect themselves.  We think they figure that if you really want your patent badly enough, you will provide proof to them that your claims do not interfere with those of a patent that is already in existence.

You can't.  It is a bit of a gamble when you file.  It is possible that someone else has already filed but it has not yet been published.  Patents are published 18 months after they are filed unless you are only filing for a U.S. patent and have specifically indicated on your application that you do not wish to have it published until it issues.  If you are filing for patents in countries other than the U.S., it is our understanding, that 18 months it the maximum amount of time that it will remain unpublished.

I found a patent for my invention but it is very old and expired.  Can I patent it now and sell it?

If you have found your exact invention then, no, you cannot receive another patent for the exact same invention even if it is no longer sold in the market place.  Once a patent expires it becomes a part of the "public domain" and anyone who wishes may manufacture and sell it.

I did a patent search and found a very close match to my invention but mine is better - am I out of luck?

Not necessarily, it all depends on how the claims are written on the offending patent.  If they are "broad" and anticipate your improvements then you would be out of luck.  If, however, the claims do not anticipate your improvement you may still be okay.  When my sister and I were inventing Ghostline we found a patent for a product that also produced a poster board with a very faint grid.  It served the exact same purpose as our invention.  At first we were devastated until we read the claims carefully.  It was then that we discovered that the patent that concerned us had a completely different and inferior method for applying the grid to the poster board.  We were able to go on and get three patents on our product.  So, the moral of this story is, read the other patent carefully.  If you are not certain that you understand the patent language (sometimes it can be very obtuse!) then take it to a patent professional (a patent agent or a patent attorney) and have them review that patent as well as your product idea. 

I have an idea I want to patent.  I do not have an actual prototype.  Can I do that?

This is what the USPTO says about that:  "A patent cannot be obtained upon a mere idea or suggestion.  The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine.  A complete description of the actual machine or other subject matter for which a patent is sought is required."

In trying to do my online patent search I cannot get any of the images.  What am I doing wrong?

What you need is 'Alternatiff.'  It is a reader for those image files from the USPTO.  This is a free download.  Then, you should be able to view the images.  Just go to this link and follow downloading instructions:

http://www.alternatiff.com/

How long does patent protection last?

The term of a utility patent is 20 year from the date of filing.  The term of a design patent is 14 years from the date of issuance.

My invention is a great item.  I have been making and selling it for years and everyone loves it.  Can I get a patent on it?

This is a legal question, but our 'gut feeling' is that you cannot now file for a patent when you have been selling the product for many years.  Check with an attorney to be sure.

I have a great idea and I don't want anyone to steal it from me?  I know I must use non-disclosure agreements before showing it to anyone, but does that mean a patent attorney should sign a non-disclosure agreement too?

A patent attorney, or patent agent, is someone that you can trust with your idea.  Patent agents and patent attorneys are ethically bound to keep your information confidential.  They would soon be out of business if they disclosed anyone's invention. 

That said, be very careful of others to whom you entrust your information.  there are legitimate sources of help for inventors for everything from protecting your idea to help with creating your prototype or marketing your invention, but stay away from those companies who advertise that they will take your idea and make you a millionaire.  Those are the ones to beware of.

I have an idea for an item of clothing.  Can I get a patent on clothing?

In general, we think that if you have invented some innovation in garments (something unlike anything that is presently on the market) it may be something patentable.  We have seen that done in a new type of children's wear.

You would need to consult a patent agent or patent attorney with some specifics about the garment in order to get a definitive answer.

My idea is for a new game.  I know many games are not even patented, do I still have to do a patent search?

It is necessary to do a good patent search to make sure that your game ideas has not already been patented, because many toys and games are patented, but you are right when you say that many toys and games are not patented.  It is not always necessary to have a patent in order to market toys and games.  This is because the industry is so 'hungry' for more and more new games and patenting is too long a process.  Often, a copyright is all that is necessary for something like a board game.  You could ask a patent agent or attorney to be sure, but toy agents are happy to look at such items that are not protected and they (at least the ones we work with) are very ethical and would not steal an idea.

Be sure to also do a good market search to make sure that your game is not already on sale someplace.  Just check stores that carry games and then check the Internet carefully by typing in key words that might describe your game and then following the links to see what is being sold.  Then, check out all catalogs that you can.  Most catalogs are online now, so that search is not so difficult.

I want to create a "new" invention by combining two existing products.  Can I do that if the existing items are protected by patents?

This is a legal question and we are not attorneys so we cannot give you an answer.  You may have a great idea and there may be a way to do it, but you will need to consult with a patent attorney or patent agent to know for sure.  Many patent attorneys and patent agents will give you your first visit free in order to determine if your idea is patentable.  Just call their office and ask the person who answers if that is the policy before scheduling your appointment.

My husband works for a large company that made him sign a contract saying that anything he invents while he works for them belongs to them.  He has invented something that has absolutely nothing to do with his work.  Can we file for a patent listing me as the inventor instead of him?

We are not attorneys but we believe the answer is a resounding NO!  That would be fraud on the patent office.  Please check with an attorney to be sure.  It is our understanding that the patent must list the actual inventor/inventors. 

What do the terms "patent pending" and "patent applied for" mean?

They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public.

Is there any danger that the Patent and Trademark Office will give others information contained in my application while it is pending?

All patent applications are maintained in the strictest confidence for at least 18 months (for international patent applications) and until the patent issues for U.S. patents if the inventor has specifically indicated that he/she does not wish to have it published until it issues. After the patent is issued, however, the Office file containing the application and all correspondence leading up to issuance of the patent is made available in the Files Information Unit for inspection by anyone and copies of these files may be purchased from the Office.

May I write to the Patent and Trademark Office directly about my application after it is filed? 

The Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not correspond with both you and the attorney/agent concerning the merits of your application. All comments concerning your application should be forwarded through your attorney or agent.

Is it necessary to go to the Patent and Trademark Office to transact business concerning patent matters?

No; most business with the Office is conducted by correspondence. Interviews regarding pending applications can be arranged with examiners if necessary, however, and are often helpful.

If two or more persons work together to make an invention, to whom will the patent be granted?

If each had a share in the ideas forming the invention, they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his/her name alone. 

If one person furnishes all of the ideas to make an invention and another employs him or furnishes the money for building and testing the invention, should the patent application be filed by them jointly?

No. The application must be signed by the true inventor, and filed in the Patent and Trademark Office, in the inventors name. This is the person who furnishes the ideas, not the employer or the person who furnishes the money.

Does the Patent and Trademark Office control the fees charged by patent attorneys and agents for their services?

No. This is a matter between you and your patent attorney or agent in which the Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) Patent and Trademark Office prosecution.

Will the Patent and Trademark Office help me to select a patent attorney or agent to make my patent search or to prepare and prosecute my patent application?

No. The Office cannot make this choice for you. However, your own friends or general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients. 

Will the Patent and Trademark Office advise me as to whether a certain patent promotion organization is reliable and trustworthy?

No. The Office has no control over such organizations and does not supply information about them. It is advisable, however, to check on the reputation of invention promotion firms before making any commitments. It is suggested that you obtain this information from the Better Business Bureau of the city in which the organization is located, or from the bureau of commerce and industry or bureau of consumer affairs of the state in which the organization has its place of business. You may also undertake to make sure that you are dealing with reliable people by asking your own patent attorney or agent or by asking others who may know them.

Are there any organizations in my area which can tell me how and where I may be able to obtain assistance in developing and marketing my invention?

Yes. In your own or neighboring communities you may inquire of such organizations as chambers of commerce, and banks. Many communities have locally financed industrial development organizations which can help you locate manufacturers and individuals who might be interested in promoting your idea.

 

TRADEMARKS

Did you trademark the name Ghostline and is a trademark important?

Yes, we did trademark the name Ghostline and it is very important.  Utility patents last for twenty years while trademarks last as long as the mark is in use.  Our license agreement for Ghostline states that the licensee will continue to pay royalty to us, even if the patent has expired, if they continue to use the trademark.  It is unlikely that after twenty years they would be willing to abandon the brand name that they have spent all that time and money establishing in the market.  Trademarked names have equity in the market.

COPYRIGHTS

I have some written prose with drawings that I would like to copyright but the US Patent and Trademark Office does not deal with copyrights. Where do I go to find information on copyrights and how much they cost?

The Library of Congress is in charge of copyrights. You may contact them at http://www.copyright.gov/. Copyrights are inexpensive and easy to obtain. The cost is only $30 per copyright.

 

MARKETING/LICENSING

How long did it take for you to get your invention on the market?

From the time Mary first dreamed of it until we actually saw it in the stores it was about 2 1/2 years.

If I license my invention, how much royalty can I expect to get?

The percentage of royalty paid to an inventor varies.  The most common percentage is 5%.  That is not a hard and fast rule, however.  Some royalty rates can be as low as 1-2% or as high as 15-20%.  It all depends on the item and the industry.  It also depends on the size of the manufacturer.  Generally, the larger the manufacturer (with market saturating coverage) the lower the percentage of royalty paid to independent inventors.  Often the inventor ends up with about the same amount of money if he/she goes with a smaller manufacturer and a higher percentage rate vs. a larger manufacturer with a lower percentage rate.  It is a personal decision for the inventor to make.

Do you make enough money now that it was worth all the time, trouble and money involved?

Absolutely!  When we were working on developing Ghostline, our first invention, we both had full time jobs but took one day a week to work on Ghostline.  After it was all said and done and we began receiving "mailbox money" (quarterly royalty checks that come to us without any work done by us), we both said, "If we had known how lucrative and how much fun it would be we would have devoted more than one day a week to it so that we could have arrived at this point sooner!"

I think my product is perfect for one of the shopping channels on television. How do I get my product on tv?

We have come across a book that tells you exactly how to do that in a simple easy-to-understand way. We LOVE this little gem of a book. It is by Nick Romer, a man who has walked the walk and now shares everything he has learned with the reader. It will be available in bookstores in February, 2008. This potentially life-changing book (published by John Wiley & Sons) is bargain. If your goal is to get your product on the shopping channels run, don't walk to get this book!

How did you find the company that licensed your invention?

We went to the library and researched companies that made poster board.  At that time there were only eight to ten of them in the United States.  We sent letters, presentations and samples to all of them because we could not afford to travel to them in person.  Although we identified potential licensing companies while our patent was pending it was not until we sent out a "press release" announcing that we had received notice of allowance of our patent that they took notice.

Finding the Source for Nearly any Product

by Dane

Have you ever been to a specialty store and seen something you thought might sell well in your business? But maybe you wondered how to find the wholesale product source for it? Here’s a way to find out the wholesale product source for just about any product.
Look at the UPC Label. Nearly every product on the market is labeled with this code. If you’re not sure what a UPC Code looks like, About.com has a write-up on UPCs here.
Write down the first 6 numbers of the UPC Code (or enter them in your PDA). When you get back to the home office, get on the web. The Uniform Code Council maintains a free reverse lookup website, where you can type in those numbers and VOILA! It will show you the primary supplier (with address) for that item.

 

Should I license my invention, sell it myself or sell it outright to a manufacturer?

That is a very personal decision that each inventor must make for himself/herself.  Based on our experience, we would recommend that you license it.  If we had sold it outright we would have received far less than we have received (and continue to receive) in royalties.  We would discourage inventors from trying to manufacture and sell their product themselves.  It is very rare to find an inventor who has the experience and know how to face the challenges and expenses of advertising, manufacturing and distributing their own product.  In addition, no matter how terrific the invention is, most large retail companies will not buy from "one product vendors" (independent inventors).  Their shelf space is allotted to companies that sell them many products.

How do I find the companies that might want to license my invention and how do I contact them?

The first and probably the easiest way to find a manufacturer is to go to the library and look in a set of books called the Thomas Register.  The librarian can help you to find a list of manufacturers in the United States who manufacture items similar to or at least in the same category as your invention.  You can also find the Thomas Register online at http://www.thomasnet.com .

Another way to find potential manufacturers is to go to the directory of manufacturers http://www.mfginfo.com.

Still another way is to go to stores and look at products that are closest to or more similar to your invention.  Most of the packaging should list the name and address of the manufacturer.

You can use the internet to locate potential manufacturers through the national Yellow Pages or by using key words.  For example, if you have invented a new type of baby swing, use keywords "baby swing," "infant furniture," "baby supplies," "child swing," etc. etc. etc.

Your online patent search can also give you leads to possible licensees.  Look at the patents closest to your invention and get the names and address of companies that are listed as the "Assignee."  Those companies obviously do license inventions.

Another option is to let them find you.  You can do this by listing your invention with services that will post your invention on the Internet for manufacturer to see.  You can find listings for these types of services in a magazine called "Inventors Digest." You can find "Inventors Digest" either on the newsstand or on the Internet at http://www.inventorsdigest.com .  

Finally, you can get help in getting your invention licensed by  enlisting the help of a legitimate product developer. 

Trade Shows are a great place to find multiple potential licensing partners!

A great way to locate potential licensees is to go to a tradeshow for that industry.  There are LOTS of them.  Just go to Google and type in "____________ (your category of invention ~ for example, ‘golf’) trade show" and it will come up with links to lots of trade shows that feature that category of products.  At these shows the manufacturers of your type of product will have booths and they will be selling to the retailers who attend the show ordering products for their stores.  I would suggest that you join one of the associations that sponsor these trade shows.  You can probably join as an associate member for a reasonable fee.  Then, go to one of the shows.  The first couple of days you should just walk the show and make notes on the companies that look like potential licensees of your product (your item would fit right in with their existing line of products).  On the last day of the show (when all the buying by the retailers is done) go to the booths you identified as potential licensees.  Give them your business card and ask them if they ever license products from independent product developers.  They will either say that they do, they do not, or they might.  If they say that they do or they might explain that you are an independent product developer and you have a product that would fit right in their line of products and you would like to call them in a couple of weeks to set up an appointment to show it to them.  Do not tell them exactly what your product is.  Simply tell them that it is a product that solves such-and-such problem.  Get their business card.  In a couple of weeks call and remind them that you met them at the _________ show.  Tell them that you are a member of that association and you will immediately be treated as a professional and someone who is familiar with their industry.  Your chances of getting an appointment to show them your invention is dramatically increased when using this method.  At that point make the appointment and go and pitch your product. 

Before going to a trade show be sure to prepare a top notch presentation.  We have a free guide to preparing your presentation at http://www.asktheinventors.com/Books/presentations.htm. 

 

I'm having trouble composing a script to use when I call the presidents of companies that we are interested in to license our product. Our product is called the LeashCatcher and is fully patented and trademarked. It basically is a wristband with a strap attached that opens to allow the end of a leash. When this strap is then closed, a person is able to walk their dog without grasping the end of the leash. It is a hands free method to control your dog while you walk. Our problem is we just don't know what to do to get their attention. Also, should we send them our presentation, which includes pages done using all your helpful hints from your e-book, plus a video, if they show an interest? We have a website and also have been sellling our product in the area for a year, so it seems unnecessary to be secretive. Or, should we just suggest that they access our website and then wait for them to call or write us?

There are a few key points to remember when making appointments with potential licensees.

1. Never call yourselves inventors, call yourselves "Product Developers."
2. Use a company name, if you have one.
2. Call the New Products division of the company. Nurture a relationship with the folks in that department of the company. Hopefully, one of them will decide that your product could be a "feather in their cap" and guide it through the process.
3. Do not give them a detailed description of your product. Just describe how it solves a common problem in a simple and inexpensive way.
4. Request a face-to-face meeting. Schedule the appointment.

It might go something like this:

Greta: “Hello, Mr. New Product Head! This is Greta A. with AllGRinns, Inc. We are product developers and we have developed a product that is a perfect match for your company. It is a logical extension to your line of products. And, it's patented! We are looking to license it exclusively to one manufacturer. We'd like to show it to you first.”

Mr. New Product Head: “You have? What is it?”

Greta: “It is a simple way to solve a problem common to dog walkers all over the world. It is one of those ideas that you are going to wonder why it hasn't been around before. It is so exciting and perfect for your company that we would like the opportunity to bring it and show it to you. When can we do that?”

Mr NPH: “Just tell me what it is.”

Greta:  “It’s a brand new product that neatly solves the problem of walking more than one dog at the same time.  I know that you are aware of the problems inherent in the currently available leashes designed for this purpose.  This idea easily and inexpensively makes these other products obsolete.  I would really like the opportunity to show you how it works and I’ll gladly travel to your location for just a few minutes of your time. “
(Here, if he says he is unaware of the problems with similar products, explain briefly the problem that is happening with the current products that your new product solves.)

Then, try to nail down the appointment without giving him any more specifics.

If you can get the face-to-face meeting that is best. If you are able to meet with them do not give them your presentation until you are done. You don't want them looking through the presentation rather than looking at you. The presentation is designed to speak in your behalf after you have left or if you are unable to meet with them in person.

It is not really necessary to be secretive but you may generate more interest and get to schedule the in-person meeting if you are a bit coy. Then, at the meeting, tell them about your website and give them a demo DVD if you have one.

 

Then, try to nail down the appointment without giving him any more specifics.

If you can get the face-to-face meeting that is best. If you are able to meet with them do not give them your presentation until you are done. You don't want them looking through the presentation rather than looking at you. The presentation is designed to speak in your behalf after you have left or if you are unable to meet with them in person.

It is not really necessary to be secretive but you may generate more interest and get to schedule the in-person meeting if you are a bit coy. Then, at the meeting, tell them about your website.

What if the company I contact insists on knowing what my invention is when I call them?

I have never had one to take that attitude and I have talked with a lot of them. I tell them I have an improved folder or an improved binder, or an improved whatever and they make the appointment. They usually just need to know the specific category of item so that they can have the right vice-presidents in the meeting. The liklihood of their asking more than that is extremely slim. They work with product developers all the time and they know that unless there is already a published patent, they do not want to disclose everything on the phone. I don't think you will have to "dig your heels in", but if you do, you will probably not get the appointment. Remember, at this point they hold all the cards. Tact is the order of the day.

A big company I contacted about possible licensing of my product says they will NOT sign my non-disclosure agreement but say I must sign their submission documents. Must I?

It is not unusual for large companies to refuse to sign your non-disclosure agreement. They will not do so because they will be saying, in effect, that they have never seen your invention idea before. This may not be the case. Your idea may have already been submitted to them by another independent inventor, or their research and development department may be currently developing a product similar to yours or they may have developed such a product in the past. If they were to sign your NDA you could then claim that they had "stolen" your idea when in reality, they had not. As for the submission documents, you will almost certainly be required to fill those out and send to them before your appointment. They may go ahead and set the appointment, but you will have to have those documents back to them before submitting. These big companies are extremely concerned about independent inventors suing them and claiming that the manufacturer stole their invention. These documents are required by them for their self protection against such suits.

You mention that after preparing the presentation that if I can't go to the manufacturer to send them a copy of the presentation.
At what point do I get them to sign a NDA?
Is there someone that I need to contact first?

As for how to handle the situation of getting a non-disclosure when you are sending the presentation, first of all, never send a presentation without first having phoned and actually talked with someone. Try to reach the company president if it is a small to medium sized company or the head of new products if it is a large company. Tell them that you have a patent-pending product that is a perfect fit for their line of products that you are seeking to license. Ask if you can send them some information on the product. At that time, when they agree to accept the information, tell them that you will send (or fax) a non-disclosure form that you wish them to sign before you send the information.

Chances are excellent, especially if it is a large company, that they will have submission documents that you will need to sign before you can send your presentation. We have found, in fact, that many large companies require that you sign their submission documents but they will not sign your non-disclosure document. At that point, you will need to decide whether to go further with the submission. We have done so without difficulty with a lot of companies, but it is a personal decision as to who you can trust. I can't remember what you said the status of your protection is at this time. Have you actually filed your patent application? If so, a non-disclosure from them is not such a sticking point.

Where can I find someone I can trust to help me get my invention patented, protected and marketed?

Although there are many charlatans in the invention promotion business there are legitimate sources of help also.  You must be sure that you are dealing with the later, not the former!  Your local inventors association or club can be a great source of help and encouragement.  You can find a listing for your closest club on the website of the United Inventors Association (http://www.uiausa.org).  Before engaging any company to help you it is wise to check them out thoroughly.  We have a printed copy of a USPTO pamphlet that can help you to identify the scam artists and steer clear of them.  Click on the "Don't be Scammed" link on our home page to view it.

Should I license my invention exclusively to one company or should I license it nonexclusively to several companies?

The main points to keep in mind when securing multiple license agreements is that the royalty rate received from each company is very likely to be significantly less than the percentage you would receive if you had one exclusive licensee.  If you have enough licensees the added distribution could more than make up for accepting a lower percentage of royalty from each company.  Second, it is sometimes more difficult to get a licensee interested in licensing your product if they know that their competitors will have the same opportunity to make and sell the unique feature.  On the other hand, if the feature is something that everyone who makes your type of product will want, it could work.  Many products are licensed to multiple licensees.  The final consideration when licensing nonexclusively is that the burden to enforce the patent will remain with you, the inventor.  Nonexclusive licensees will normally not take on that responsibility.  If you are making enough money from all your licensees you may have the resources to enforce the patent yourself.  Keep in mind that patent infringement lawsuits are very expensive, sometimes running a million dollars or more.

Will most companies sign a non-disclosure agreement?  What if they won't?

MISCELLANEOUS INFORMATION

Do you know of any inventors organizations outside of the U.S.? 

Australia the Inventors Association of Australia, www.inventors.asn.au/

New Zealand Inventors, imontanjees@xtra.co.nz

United Kingdom, www.invent.org.uk

WRTI (http://www.wrti.org.uk) This is a new website for inventors, innovators and entrepreneurs. It provides a comprehensive online source of informationfor inventors, acting as a one stop 'shop' linking to the best related sites.

We do not have any personal association with any of these groups.

 

Innovate Design in the UK is not an inventors' group but a company to help inventors. You can find them at http://www.innovate-design.co.uk/. This is how they describe themselves:

" Innovate is a group of award winning product designers that specialise in turning ideas and inventions into viable, marketable products. Innovate offers support and advice through the whole invention process: how to patent an idea, organising a patent application and design development to sell the idea to industry."