We’re looking to license the cup holder as an easier way to get it out to the world. (Those people who AREN’T dedicated readers like yourselves.) One of the companies we’ve come across is a company called Davison out of Pittsburgh, PA. Davison’s bread and butter claim’s to take an inventor’s idea, and to the sum of $10k to $15k they will do an initial patent search, do design work yielding a workable product, make a prototype, and then attempt to license it out. Since the “Nearly” Universal OH cup holder is already in existence, we were directed to the licensing department and asked to pay $6,000.00 US, plus 10% on any royalties we would receive, and the company “guaranteed” they would submit it to 45 companies specifically targetted for our drink holder. Handling this matter personally, when I asked for references, I was told they have a strict privacy policy, and no references would be allowed. Fair enough, but could my email address and phone number be given to current clients who might be interested to share their experience? Negative, they don’t do that. Okay, so more or less I’m supposed to pay $6,000 with no guarantee and no actual person to talk to about their experience with Davison? When I pushed for a non-company reference I was directed to the corporate website, which contained a few. Push me to the web, I’ll go to the web, and lucky for us I found references, a lot of bad ones.

I went to Google (which I urge EVERYONE to do when dealing with a company, especially something that sounds too good to be true) and did a search for “davison licensing reviews” and found a few results. Most were calling the company a scam, and although it’s not an exact scam (some people did claim however they paid $10,000 to $15,000 and never received a prototype of their idea) it is important to note (from this Forbe’s magazine article on Davison) that the company does in fact make most of it’s money from the design process, and only a small fraction of a percent of its income comes from royalties of sucessfully licensed products. Another big problem stated by the website (here’s the website for Davison complaints) was that the company’s customer service was horrible once you handed over your money.

Key lessons to be learned here.

1.) The internet is a wonderful tool, so use it. If something sounds too good to be true, don’t assume it is, just check it out on Google. Although you’re rarely find positive reviews (keep this in mind if you find nothing on a company or service as that might be a good thing) if people are unhappy, you’ll definitely find out it’s not worth doing and why the person feels that way. Another good place to search after Google is the Better Business Bureau, of which Davison also had like 200+ complaints.

2.) The design process is expensive. Although I’m personally unsure of the follow through on their services (since I will now not be paying them), Davison’s price tag for the design budget is in the ballpark. I think for the design and patent application itself was right around $12k for our universal cup holder. I would suggest not cutting any corners though, and if you’re truly confident in an idea (and you can find more helpful info on the patent process on our blog) take the time to meet with a patent attorney and at least do an initial patent search. Should the results be positive, look for a qualified design firm (usually an engineering firm) that you can work personally with to monitor how your funds are being used.

Other than that, good luck, and it’s still possible to bring a product to market, just don’t expect it to happen overnight.

Getting a patent is not a very simple process as it could be quite long drawn out (as we learned by patenting our universal drink holder). There are quite a few process and procedural steps where the patent application is scrutinized by the patent examiner and clarifications sought from the inventor. The process starts with the inventor making an application for a patent, and the application as well as the invention being scrutinized to ascertain as to which part of the invention can be patented. If the patent application and the invention stands up to scrutiny, a patent is granted for a pre-defined period of time.

There are all kinds of inventions that are of varied scope. Some inventions do nothing more than add a concept to the vast body of concepts that exist from earlier. Take for instance a car video game. There could be a host of ideas and features like the car being turbo boosted or even damage to the car in the event of collisions. To this, if you add the novelty of showing how the racer is progressing on a race track map, this idea of racer display on the map could well be patented. Those who are still not prepared to file for a full fledged patent can file a ‘provisional patent application’. The advantage of patents is that these can catapult young inventors to global fame and name, not to mention the monetary benefits that accrue from it.

When filing for a patent application, it makes sense to submit formal drawings of the invention. These drawings help in projecting the image of the invention in all its distinctiveness and uniqueness. These drawings are prepared by trained draftsmen, who have long years of experience in this field. Once the idea of the invention has been conceived, design patents are prepared, which are an aesthetic representation of the form of the invention in question. The tenure of design patents is generally 14 years.

There are other kinds of patents which are of the nature of utility patents. These patents are able to protect the use of machines, medicines, components and computers in addition to ingredients which add to the utility of the invention. These patents are handed out for novel machines or even processes and are distinct from design patents that are appropriate for inventors of new manufactured articles. The concept of provisional utility patents is rather rare and not apt at an elementary level.

Manufacturers also have a great utility for patents because they invest huge sums and need to protect the uniqueness of their invention. The idea behind giving a 17 year manufacturing patent is to reward innovativeness as it is beneficial to consumers. While unrestricted monopoly is not beneficial, the idea of a 17 years patent seems to be a kind of middle path. Inventions that come prior to an invention are know as ‘prior art’. The way to get a patent on your invention is to prove that your innovation is quite distinctive and is a significant improvement on the prior art.

Companies generally have a well set manner for laying out new product innovation. Ideas get sent from the business manager to the strategic committee that conducts the preliminary feasibility test after which regular reviews by the engineering team is conducted to make progress on the project.

The inputs from the developer or the development team are quite important as new product development is a tough task. It needs conversion of complex ideas into practical products which means that applied research is used as the input with development being the throughput and the finished marketable product being the output. Developers also take into account the kind of costs that are required to bring the product into fruition.

Past research is an indicator of what has already been done and not necessarily of what is needed for the future. It is also possible to use computer aided design (CAD) to visualize the product and also propel it towards better execution and implementation. Research teams can help, as they do a good job in predicting trends that will become big in future. They also test out ideas or concepts so that one may be able to access the chances of a product succeeding.

Some people are fast to take on and use new products. These people are called early adopters. There are others who take a little more time to adopt it and are known as the early majority. The late majority are those who are averse to risk, while there are the laggards that are quite resistant to change. These laggards may even take on products that have become the norm and quite well entrenched in the market.

You can use market research to ascertain the demand for a product and the kind of price that would be acceptable. A prototype may also be used to visualize the product (which we had made numberous times with our drink holder). Market research helps in factoring in the trends in the market too.

It is always better to make a product in the early life style stage of a product to maximize the potential of the product. Product design takes into account engineering, style and cost constraints too. Patents involve legal hassles that need to be factored in also.

Patents serve an important purpose. They help innovative startups preserve their interests in a highly competitive world which help to defend the company. Companies use patents to gain competitive and also strategic advantage in a ‘dog-eat-dog’ world. One needs to do a search for patents and patent attorneys also check this out before filing a patent on behalf of the innovator. One can also use software to gather, sift, predict and manage technology using the patent.

There are some specific requirements of patents. For one, it has to be proved that the invention is indeed unique and is not an insignificant improvement over what existed earlier. Individual governments give patents to help the innovator and also society. These patents help the innovator produce their invention on mass scale without fearing undue competition. These patents help to deter free riders and idea thieves who might steal the product innovation without spending on R&D or making any effort.

It is required that you file the patents before making the invention public. If it is disclosed prior to being implemented, it would not be granted a patent as one cannot patent ideas. But if you file a patent with sketches and descriptions of the invention duly notarized, the USPTO would accept it and hold it for two years.

It is also possible to find patents for business processes. These are used for chemical formulas, inventions and other discoveries. Earlier, business method patents considered non patentable as they are rather abstract in nature and not in physical form, as such. As of now business method patents are not under question, but there are certain criteria and algorithms in the realm of patentable subject matter.

Commercial designs for products are also protected by patents in this day and age. These can help in protecting new and unique designs in computers and accessories and peripherals. These help prevent any copycat designs by unscrupulous competitors and design thieves. On the other hand, there are design patents that do not protect an invention or an idea but just the external and ornamental design of what has been depicted and shown. This is being on a stickier wicket than when you have a utility patent, because copies are easier to effect.

We’ve all done it, been somewhere and something wasn’t to our liking, thinking, “This could be better if…” Lots of people have great ideas, but they skip one MAJOR step, and that’s follow through. In these rough and ready times of firings and lay-offs, wouldn’t it be nice to have a backup plan? Taking an idea, and turning it into a patent is easier than you might expect, and if the idea’s a good one it might even ease your financial burdens.

All it takes is a way to improve either an existing product, or just solve a problem you face in your day to day routine. The idea can be simple or complex, but you need a solution to get the ball rolling. (Note: Simpler ideas tend to be easier, and cheaper, to patent.)

2. Make a record and/or drawing of the idea.

Once you have the idea, it’s time to establish a paper trail. There are multiple ways of doing so, but here are a few simple suggestions. (A thing to keep in mind, however, is these records will never replace a patent. It should only serve as additional information to your patent at a later date, and for invention brainstorming.)

Keeping a journal is a good first step. In the journal you can jot down ideas, and scribble out pictures. The important thing is to have someone else sign and date each entry as a witness. The best sources are credible sources, such as professionals (i.e. lawyers, doctors, accountants, engineers, etc.), but as they might tend to charge for such a service, a coworker or friend will achieve the same goal.

Recording ideas in computer files is also helpful. These files contain important information like “Date Created” and “Date Last Modified.” The tricky thing about computer files is creating pictures, and unless you’re an engineer with technical programs, scanning in drawings may become overwhelming.

Which leads me to my next method of keeping a record of your ideas, and that’s using an engineer for a design job. Whether you have a friend who’s good at committing abstract ideas to concrete solutions on paper, or you want to hire an engineering design firm for drawings, this is a good step. It’s also helpful because if you’re not a technical person yourself, the friend or engineer can also troubleshoot the idea early to let you know if it’s going to work or not. Again, all drawings should be signed and dated.

3. Do basic research of existing patents.

This is where the grunt work starts to kick in, but remember, if you’ve at least started to follow through with your idea, getting through this step just got easier. Nothing in this step needs to get real technical, as a good patent lawyer will want to do an official search to make sure he/she is not wasting time for either party. The overall goal of this step is to make sure your idea is not currently patented.

Online searches are best, and try to research by the simplest description of your idea. You should also include alternate definitions of your idea, as some people would describe your idea differently. (An example of this is when I came up for the idea of the “Nearly” Universal OH. It wasn’t enough to research just “cup holder,” I had to research similar terms like “beverage holder” and “drink holder.”)

Here are two websites that offer free patent searches, without creating any type of account.

http://www.google.com/patents

http://patft.uspto.gov/

While here are two others that might be a little more informative, but you have to create an account or pay a subscription.

http://www.freepatentsonline.com/

http://www.delphion.com/

4. Research and interview patent lawyers.

This step also requires a little work, but if you’ve done a decent search in the last step, this one will be easy. What you’re trying to accomplish here is finding a lawyer you feel comfortable with. Most lawyers will do a quick consultation over the phone, but need cash to meet face to face. I thanked these types of lawyers for their time, but moved on. To me it seemed like buying the car, AND THEN taking it for a test drive.

Finding a good lawyer requires calling more than one, and some might have a low fee or free initial consultation in their offices. I’m not saying you should be wasting their time, but as you now believe in and are committed to your idea, this is where you’ll gather the information you need to actually apply for a patent. Make sure to take your records and drawings with you, and as was said earlier, most patent lawyers have engineering backgrounds and can tell you if your idea will work or not. (If your budget is low, try searching for pro bono lawyers.)

Key questions to ask are about costs and timelines. Ask for ballpark figures, and although you can’t hold them to those, a good professional tends to give “worst case scenario” estimates. What will the patent search run? How quick is the turnaround? Who conducts the patent search (i.e. in-house or contracted outside)? How much will the filing of the patent cost? Average time until patent is approved? What costs could be involved after a patent is issued? Also ask if the firm has applied for patents similar to your idea as far as complexity.

5. Choose a patent lawyer and apply for a patent.

Please, please, PLEASE understand that the “cheap and free” ways to file for a patent yourself, advertised throughout the internet, will not offer you maximum protection once your idea takes off.

The proper way to do this is by choosing a professional you feel comfortable with, is within your budget, and has the experience to file for your patent properly. “Within your budget” will most likely be the important factor, as filing for a patent is an expensive process.

Although every filing is different, here are a few figures from my experiences when filing. (Remember, my simple mind comes up with simple ideas, so my filings have been towards the low end.) Patent searches ran between $800 and $1,200 US. Filings were right around $8,000 US, with extra money in case the claim on the patent had to be argued in court. (I chose Hughes Law Firm, www.inventionlaw.com, north of Seattle, WA. The lawyer I worked with was very understanding, explained any issues that might arise with my invention, and the prices were on the lower end of the firms I interviewed.)

As you can see, although a decent initial investment is needed, the opportunity to sell or license your idea is limitless. (You’ll even be called an “inventor.”) If you’re ready to take the next step, merely look around you, and think, “How can I make this world better?”

Article on Ezine Articles.