Do
you have an invention idea that isn't protected?
If
your invention idea isn’t protected …don't
discuss it with anyone
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.
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:
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.
Therefore, I’ve written an eBook
that’s to the point, easy to read and understand, which will give you an
overview of the complete
process, beginning with the invention idea ... Does this eBook contain everything to make you a success? Probably not. But, it will walk you through the basic steps so you will have an understanding of what’s involved, provide pertinent definitions and guidelines (including how foreign patents fit in) for all intellectual property, and it contains links to websites that all inventors, both new and experienced, need and should use. And with this knowledge, you will then be in a position to decide which way you want to go; for example:
It’s made up of three parts: 1) Inventor’s Story (from my personal consulting experience);2) Definitions & Details (information on patents, copyrights, trademarks, trade secrets, etc.); and 3) Appendices (resource links to specific helpful information that I use constantly). It's a fast and enjoyable read, which will help you put invention protection and invention marketing into perspective. In fact, you are encouraged to read it in two ways: First: just
click and read through it...to get an overview of the process;
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. It is
ready to be filled in and notarized.
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... 1)
Confidential
Agreement Free
Bonus ($9.97 Value) 2) Sales Agreement... Free
Bonus ($9.97 Value) 3) Option
Assignment Agreement... Free
Bonus ($9.97 Value) 4) Assignment
Agreement... Free
Bonus ($9.97 Value) 5) Option
License Agreement...Free
Bonus ($9.97 Value) 6)
License
Agreement... Free
Bonus ($9.97 Value) 7) Joint
Venture Agreement... Free
Bonus ($9.97 Value) 8) Limited
Power of Attorney...Free
Bonus ($9.97 Value) 9)
Affidavit
Agreement... Free
Bonus ($9.97 Value) 10)
Business
Plan Summary...Free
Bonus ($9.97 Value)
P.S. Every once in a while I come up with a good invention and I try to stay in control and make as much money as I can. And, this was hard to do because of my marketing ignorance and lack of knowing how to effectively use the computer. Therefore, after much research and time spent, I've come across something you might want to check out. Why? Because it has to do with getting a handle on understanding internet marketing and understanding how Ebay works. With a little knowledge in these two areas, you might develop the confidence to not only market your own invention using the the internet, but come to realize that ebay is a great place to sell an invention product if done correctly. That's my new game plan...and I have taken action to that end. Click on the links below if you have an interest: |
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© King Enterprises 2008