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Don't
discuss your invention idea with anyone or mail it out for an evaluation until it's properly protected. Why? Read this:
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Elisha Gray
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In
1876, on the 14th day of February, Elisha Gray filed for a patent on the very
same day that Alexander Graham Bell did.
Both men claimed that they had
invented the telephone. But, in the end, Gray was denied and Bell
was awarded his place in history.
Why did the judge favor
Bell? Well, it turned out that the final decision came down to one thing:
"CONCLUSIVE
EVIDENCE."
The court had ruled that Bell
was the original inventor due to his proof in which it was determined that on a
certain day, preceding Gray's work, he had been working on the invention.
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Alexander Graham Bell
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With
that in mind, I immediately typed and sketched out a description of my
invention, enclosed it in an envelope, and mailed it to myself. I even had
the post office request my signature when I received it, thereby establishing an
indisputable
mailing date.
Approximately
fifteen (15) months later, I discovered that my invention was selling like hot
cakes in every major retail store (Wal-Mart, Kmart, Sears) in my hometown. I think you can guess how upset and
mad I was because I had not, yet, gotten it to market, and then to discover that
someone else was making a profit from my invention was almost more than I could
bear.
So
I hired an attorney; after all, I had my date-stamped envelope in hand
containing the invention. But to my surprise he told me that a lawsuit
with a big corporation, who had deep financial pockets, would create a very time
consuming and extremely expensive battle in a court of law...and, there was a
very slim chance that I could win. (The
bottom line to my nightmare was: even though I could prove the mailing date of
the envelope, it was another thing to prove what was really contained inside.)
So, I gave up.
With
my next invention, I was still not in a financial position to hire a patent
attorney to do a patent search, let alone file for a patent. And having
the horrible experience of the first invention in mind, I could feel the "patent
time clock"
ticking that made me petrified of losing it to public domain. To say I
was desperate to find a less expensive and faster way to get legal protection
would be an understatement.
But
then, not too much later and after heavy research, I discovered a "protection
service" being offered by the U.S. Patent & Trademark Office for
inventors. Basically, when an inventor mails written documentation of his/her
invention, or concept of the invention, along with a simple description and some
rough drawings...they will file it, in strict confidence, for a period of two (2)
years, at a very modest cost.
Of
course, this is not a patent application,
but
I believe it is just as important. Why? Because it takes time to get a product
to market, or even sell you idea to another person or entity. And as you journey
this road you will meet a lot of clever people that can rob you of your
invention. Even before you talk with an attorney, or a marketing company, or a
bank, or relatives, or friends...it is better and safer to have your invention
safely recorded.
Believe
me, taking this quick action to have proper documentation in the Patent Office
provided the conclusive evidence an inventor needs to determine that he
or she is the original inventor.
| However, the
U.S.
Patent & Trademark Office in Washington,
DC
decided to terminate this program as of February 1st, 2007…
meaning an inventor will have to fend for him or herself until a patent is
granted.
In other words, an inventor
will need to file for a patent within one year after making it known to the
public, with no real protection in the interim.
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Luckily,
I had a relationship with a few patent attorneys, who agreed that they
didn't agree with the decision by the U.S. Patent & Trademark
Office. And after explaining my story with regard to losing my first few
invention ideas because I hadn't protected before I was ready to get a
Patent...they said the next
best way is to have a notebook and witnesses to your idea along with a
notarized Document Disclosure Form.
So
that is what I do now...notarize a form (exactly like the Disclosure
Document that the Patent Office required) with my new ideas before I
talk to anybody. Here are my steps:
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Step One:
I first
find out if the invention idea has already been patented by doing a Preliminary
Patent Search.
(Note:
It is not a full blown
patent search
by a patent attorney, but it will give a very good indication what is out
there)
Step
Two:
If
I don't find anything that looks like the invention idea,
then
I complete the
Document Disclosure form and have it notarized. This will establish the date of
my idea (One idea I had was before the notarized date, so I made up a simple
notebook, which had notes and roughly the days and times I began this idea and
included it with a notarized Document Disclosure form).
Step Three:
Next, I put the notarized document form in a very safe place (I have a small
portable and fireproof vault in my house).
Step Four:
Then I continue with making
my invention a reality, having more time to get all my ducks in a row
instead of being ham-strung with short, patent, time constraints.
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There’s a lot to know and
understand, especially for a small, fledgling inventor...and it seems
that almost
every new inventor will just accept, blindly, any advice from people that
seem to know what they are talking about without doing some kind of
background check or basic research with regard to their credentials.
Of
course these people will help you (for
money), and they, the so
called professionals, will brainwash you with a belief that they possess
expert insider knowledge and will have the complete answers.
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Example:
Those so
called Marketing and/or Promotion Companies who prey on inventors, and are
notorious for stealing inventions that have value (trust
me, I have personal experience);
or, if it doesn’t have value, they will still milk you for as much as can
be tolerated, then drop you like a red,
hot potato.
And
patent attorneys will
and can help you with patent protection. But, because it will take about
two years for a patent to be granted and a
cost of between $8,000 up to $15,000 (included are filing and maintenance fees), they will generally keep
you in the dark while asking for more and more money. If you hang in there
and do get a patent, you still, more than not, will end up with a
protected invention that hasn’t earned a dime...leaving
you very frustrated and probably in debt.
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And
second...I would like to offer an immediate and easy way to protect your invention
idea, which is essential to you having any possibility to monetary
success. Unless you have applied for or have obtained a provisional or
non-provisional (also known as utility or a valid) patent, it is in your best interest to have
conclusive evidence of the established date of your invention idea.
Therefore,
I am offering the Document Disclosure Form I referred to above...
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Disclosure
Document Form
A
document (ready to fill-in and be notarized) disclosing
the date of your invention idea that will establish tangible
conclusive evidence. |
In addition, I have a package of
forms that are invaluable to any inventor.
Let
me explain: Even though you would have a notarized form with regard to your idea,
you will need more protection when talking about your invention to
manufactures, suppliers, engineers, designers, printers, cpa's, lawyers,
investors, banks, relatives, friends, and so forth.
There are, also, many good ideas (cooking recipes, chemical formulas,
etc.) that either can not or should not, be patented. But once you divulge
your idea without some kind of proper Non-Disclosure, also known as a
Confidential Agreement, signed in writing by the party reviewing your idea,
it
automatically becomes public domain, (in other
words...anyone can legally steal it ).
But
before
I tell you what it is, I would like to paint you a picture: let's say you have an invention
idea and come to the conclusion that you need a money partner. You have
someone interested in your invention idea (of
course that is after they've signed a Confidential Agreement).
You need to work this out quickly while you have the money investor's interest, but a few things get in your
way: you don't want a partner under the brutal partnership law arrangement in
this country; you don't want to or have the money or time to get with an
attorney; you don't want to set up some other legal entity like a
corporation or a Limited Liability Company, and the time clock is clicking
to move forward on your invention.
What
do you do? Or, to get to the point, how can you put a legal and binding
relationship together having access to the investor's money for working capital you
desperately need without having or letting this money investor get involved in
the mechanics and/or operation of your business?
Well,
I've been using a Joint Venture Agreement (also
known as
JV Agreement), which
spells out exactly the roles of each party. But it does much more than
that: it states that it is not a partnership arrangement and it has an
exit strategy with legal ramifications noted in case one party doesn't
perform, it outlines the contributions of each party, and it spells out
the profits to be shared at your design.
I've
use it for many things, not just for working with money people; but I
have, also, used it for a relationship with a small manufacturer, with an
investor, and many of legal arrangements in the business world, which even
included real estate dealings.
That's
only one form out of many I use. And maybe you won't need all of
these Agreements, but believe me...you'll feel better having them on hand.
Here's what they are...
Disclosure
Document Form ($19.97 Value)
PLUS...
1)
Confidential
Agreement Free
Bonus ($19.97 Value)
a must use before you talk to anybody
about your idea
2) Sales Agreement... Free
Bonus ($19.97 Value)
a good use is when selling
3) Option
Assignment Agreement... Free
Bonus ($19.97 Value)
a good use is when selling your invention rights before
having a patent
4) Assignment
Agreement... Free
Bonus ($19.97 Value)
a good use is when selling your invention that has a patent
5) Option
License Agreement...Free
Bonus ($19.97 Value)
a good use is allowing someone else to sell your invention rights
for a royalty fee before you have a patent
6)
License
Agreement... Free
Bonus ($19.97 Value)
a good use is allowing someone else to sell your invention,
while paying you a royalty fee when you have a patent
7) Joint
Venture Agreement... Free
Bonus ($19.97 Value)
a good use is when you want to go into business with someone, yet
not be his partner or form a corporation
8) Limited
Power of Attorney...Free
Bonus ($19.97 Value)
a good use is when you
want to give someone your legal power, yet limit it to a certain
endeavor or business venture
9)
Affidavit
Agreement... Free
Bonus ($19.97 Value)
a good use is to have your written word, sworn under oath,
given to someone stating a specific statement
10)
Business
Plan Summary...Free
Bonus ($29.97 Value)
a good use is to have, not only as a guide and future income
earning for your invention, but an organized and detailed outline
of how you're going to achieve success...whether for your own
purpose or for presentation.
P.S.
IT JUST MAKES SENSE
to have some kind of written agreement between you the inventor
and whomever you
are disclosing your idea to.
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