Friday, October 17, 2008

Invention Home: Should I Pursue an Invention

Invention Home: Should I Pursue an Invention

From Wired How-To Wiki

You have been thinking about an idea for months or maybe years. You feel like you have a good idea, your family and friends have told you that you have a good idea and you are passionate and optimistic about the success possibilities. Regardless of your excitement, you would still like to know if your idea is really going to succeed in the marketplace. You would like to at least gain some reassurance that success will happen so that you don’t have to go through the work of inventing if your idea isn’t going to make it. What should you do?

For most entrepreneurs and inventors, passion, optimism and a strong belief in their ideas are key ingredients that drive them to succeed and overcome odds. However, when it comes to making a decision on whether to pursue an idea or invention, inventors should not rely on passion and optimism alone. For an inventor, there is no substitute for taking the time to do research on the idea and to plan for its success. In the long run, making research-based decisions rather than emotional-based decisions can yield more favorable results.

As much as inventors want to know if their inventions will ultimately succeed in the marketplace, it is almost impossible to predict with certainty. Many good inventions have failed on the market while many seemingly not-so-good ideas have gone on to see big success. I suppose the inventors of those not-so-good ideas would argue that their ideas were in fact the good ones considering that they are the ones that succeeded in the market and who can blame them?

The point to consider is that just like the weather, the process of predicting if an idea is going to succeed is a difficult task that more often than not produces inaccurate results. Big companies spend lots of time and effort trying to figure out if a product will succeed before launching it to market. Oftentimes, they can weed products out but it’s never a guarantee that a launched product will succeed.

However, what an inventor should focus on is doing enough research to determine if the invention is unlikely to succeed based on their research and then make a decision how much time and money they are willing to invest based on that research.

Keep in mind that the research process usually doesn’t happen all at once. It is ongoing and occurs in stages as you progress with the idea. If your ultimate goal is to license your invention for royalties as opposed to manufacturing and marketing your invention on your own, consider doing at least some basic research (Please see the Innovator’s Dilemma in the February issue of Inventors Digest Magazine for more on licensing). While manufacturing research will not be discussed in this article, please note that if you are an entrepreneur determined to manufacture and market on your own, you should consider doing far more due diligence and research before you pull the trigger on financing the development and manufacturing of your invention.

If your goal is to license your invention for royalties, you will more than likely be able to pass off the manufacturing and marketing expenses to the company who licenses your invention. Therefore, your financial risks are substantially reduced. While the amount of development needed can vary from invention to invention, you will still have to develop your idea far enough to convince a company that it’s worth licensing. Even though your risk may be less than that of someone who wants to self-manufacture and market their invention, there is still some level of time and expense that must be invested in your invention to reach the point of licensing.

Typically, these efforts and expenses include such things as market research, patent research, patent application and design or prototype development. Although many inventors want to see their idea succeed with a minimal amount of personal expense, it is unlikely that you would be able to license a conceptual idea without having some form of protection and/or design or development. There are two forms of research that all inventors should consider performing before making a decision to pursue an invention: Basic Market and Patent Research.


Basic Market Research

Before you spend any time or money developing your idea, including meeting with a patent attorney, take some time to conduct your own informal market research. For starters, ask yourself some basic questions to ascertain whether your invention really fills a need and if there is a substantial customer base that would purchase your invention. Some inventors may solve a problem that is unique to them, but when they look at the market overall, they may realize that although it’s a good idea, only a limited number of people share their problem, thereby limiting the market opportunity.

Remember that most companies will be reluctant to spend tens of thousands of dollars developing, manufacturing and marketing an invention if at the end of the day there is a very limited market for the product. Gary Sullivan, Director of Merchandising for Allstar Marketing, a direct response marketing company, reiterates this fact when he explains his company’s procedures.

“Our company works within very strict guidelines before we invest in any project,” Sullivan says, “We take the time to research the strength and history of the product category as well as researching the costs to produce the product and the development time and demonstrability of the products for TV. We do our due diligence before we invest in a product.”

After asking yourself some basic questions, you should also consider visiting some local retailers such as Wal-Mart, Home Depot, Office Depot or Target to see if any similar products are already on the market. Search the Internet, and if you don’t have access to the Internet, take a trip to a local library or ask a friend to use their computer. I know this sounds obvious to experienced inventors, but many new inventors skip this step and move right into the patent application or development process. If you have an idea for a new and improved “widget,” find out if there are other widgets like yours already on the market. You may be surprised to find that there are others just like yours sitting on store shelves. If so, do not immediately become discouraged, rather, examine if your invention has benefits or features that differ from the existing product. For example, suppose you invented a terrific new way of catching mice (i.e., a mousetrap), surely you would find many other mousetraps already on the market. This does not mean that there is no place in the market for your trap, you just need to identify if or how your solution is different or better than the others. It could be easier to setup, more humane or an easier configuration of parts that would result in lower cost production—any of which could make it a valuable addition to the marketplace.

In addition to scouring the marketplace for existing products, research whether any of the similar products are patented. Just because a product is on the market doesn’t mean that it has received patent protection from the USPTO or even that a patent has been filed. If you decide to pursue patent protection, you should review these similar products with your patent attorney. However, after completing this research you may decide not to pursue your invention, thereby saving yourself the time and money associated with taking it further.

Patent Research

If you are still feeling passionate and optimistic about your invention after conducting some basic market research, you may now want to consider arranging for patent research to be performed on your idea. I would suggest that you consult with a registered patent attorney or patent search firm to perform and discuss the search with you. Although you can perform a preliminary patent search on your own, utilizing a professional skilled in this area should yield better results.

A patent search is performed for the purpose of finding the issued patents that are most relevant to your invention. Typically conducted in the early stages of the application process, these search results are referred to as prior art. Although, a positive result from a patent search does not predict with certainty whether an invention is or is not patentable, this information can be used as a guide to whether further action is likely to be worthwhile.

After conducting your basic market and patent research, you will be much more educated on whether to continue to pursue your invention into the application filing, design and development stages. Your decision to move forward will be based on research rather than emotions and you will not be rushed into the next steps in the process.

It is this research-based approach to the invention process that can lead to the feeling of reassurance needed to pursue your idea. And remember, as valuable as their feedback is, the fact that your family and friends would buy your invention if it were on the market should not be the extent of your research, since it does not necessarily mean success.

Russell Williams is President and Co-founder of Invention Home a company creating the first nationally recognized marketplace for connecting inventors with companies looking for innovative, new inventions available for license (www.inventionhome.com). He holds a Masters in Management degree from Carnegie Mellon University and a Bachelor of Science degree from West Virginia University.

Invention Home Patent vs Non Provisional Patent (Wired)

Invention Home Patent vs Non Provisional Patent

From Wired How-To Wiki

This is part one of a two part series

Idea, invention, innovation and patents are all commonly utilized terms in the rapidly expanding world of inventing. In the past few years, the process of inventing and the prospect of creating new and innovative products have become more popular than ever, with people from all walks of life striving for the next big idea or product improvement. Even popular media has embraced the idea of the inventor and his or her invention, which is illustrated by the creation of TV programs including American Inventor, Fore Inventors Only and Everyday Edisons. Daytime talk show host Ellen Degeneres is known for her love of kid-inventors, and even Oprah Winfrey implemented an invention contest. For many inventors the initial excitement of a new invention idea is inevitably followed by the concern or question of “how to protect the idea.” After the light bulb goes on, it is important to figure out how to best protect the idea, but it is at this stage were one of several inventor dilemmas first occur. After researching the invention, conducting a prior art search and discussing patent options, it is common for inventors to ask the question: Which type of patent should I file, provisional or non-provisional? What’s interesting about this question is that the answer will often vary depending upon whom you ask. Over the years, I have heard a wide variety of opinions from business professionals, inventors and patent attorneys. While some believe that an inventor is better off moving directly into filing a non-provisional patent application, because it is typically more detailed and exhaustive in capturing the embodiment of the invention, others believe that starting with the provisional application is a better way to go, due to the expense and unknown marketing factors that can be associated with the non-provisional patent.

Just as the invention itself is unique, so is the answer to this patenting question. While the decision should be based on individual circumstance and personal preference, it should be made with a clear understanding of the options. The correct choice depends on what works best for the inventor’s particular situation, taking into account financial condition, stage of development, risk tolerance or marketing progress. And, whenever possible, options should be discussed with a registered patent attorney.

“Looking back on the process, I knew that I wanted to file a utility patent right away, but when the time came, I filed a provisional patent because it was much cheaper and I wanted to delay the expense of the utility patent until I was a little more sure of the idea. If cost wasn’t an issue, I probably would have filed the utility right away,” explained inventor Lisa Shaefer.

To begin to understand the answer to this question, one must first look at the question itself, which is somewhat of a misconception. The question “which type of patent should I file: provisional or non-provisional?” seems to imply a belief that each is an independent patent option where one or the other application would be filed. However, in reality, this is not the way the applications work.

When considering the two types of patent applications, don’t think of them as a choice between two, independent types of patents, like choosing between whether to order coffee or tea with dessert. The provisional patent application is not a substitute for filing a non-provisional patent application. It’s important to understand that even if you file a provisional patent application, you will still need to file a non-provisional application down the road to receive patent protection. Think of the provisional patent application as a possible step in the patent process, but not the final step.

To figure out which direction is right for you, it is important to examine the differences between the provisional and non-provisional patent applications. The non-provisional patent is commonly known as a “utility” patent application. Filing this application establishes the filing date and begins the United States Patent and Trademark Office (USPTO)’s patent review process, which can take 18 months or more to complete. Alternately, the provisional patent application establishes the filing date but does not start the USPTO review process. The provisional patent application provides a measure of protection for 12 months from the filing date and expires unless you file a utility patent application before the 12 months are up. A good way to think of this is that the provisional reserves the filing date for you and allows you to claim the original provisional filing date when you file a utility patent application. But, be aware that the provisional patent application does not apply to a design patent, which means you would not file a provisional patent application if you were planning on filing a design patent for your invention.