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Inventors Get Rich
We wish we could turn our great idea or
invention into a million dollars. There are advertisements all over
the TV and internet for invention advisors (promoters) who promise to help
you patent and market your invention.
I am a patented inventor (USP#
5,638,251)
with dozens of other inventions that are still corporate trade secrets.
Here are a few things I've learned along the way.
The
Federal Trade Commission (FTC.gov)
has found that many invention promotion firms claim - falsely - that they
can turn almost any idea into cash. But, the agency says, smart inventors
can learn to spot the sweet-sounding promises of a fraudulent promotion
firm. Here's what they say about how to follow up if you hear the following
lines:
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"We think your idea has great market
potential." Few ideas - however good - become commercially
successful. If a company fails to disclose that investing in your idea is
a high-risk venture, and that most ideas never make any money, beware.
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"Our company has licensed a lot of
invention ideas successfully." If a company tells you it has
a good track record, ask for a list of its successful clients. Confirm
that these clients have had commercial success. If the company refuses to
give you a list of their successful clients, it probably means they don't
have any.
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"You need to hurry and patent your idea
before someone else does." Be wary of high pressure sales
tactics. Although some patents are valuable, simply patenting your idea
does NOT mean you will ever make any money from it.
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"Congratulations! We've done
a patent search on your idea, and we have some great news. There's nothing
like it out there." Many invention
promotion firms claim to perform patent searches on ideas. Patent searches
by fraudulent invention promotion firms usually are incomplete, conducted
in the wrong category, or unaccompanied by a legal opinion on the results
of the search from a patent attorney. Because unscrupulous firms promote
virtually any idea or invention without regard to its patentability, they
may market an idea for which someone already has a valid, unexpired
patent. In that case, you may be the subject of a patent infringement
lawsuit - even if the promotional efforts on your invention are
successful.
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"Our research department,
engineers, and patent attorneys have evaluated your idea. We definitely
want to move forward." This is a
standard sales pitch. Many questionable firms do not perform any
evaluation at all. In fact, many don't have the "professional" staff they
claim.
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"Our company has evaluated
your idea, and now wants to prepare a more in-depth research report. It'll
be several hundred dollars." If the
company's initial evaluation is "positive," ask why the company isn't
willing to cover the cost of researching your idea further.
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"Our company makes most of
its money from the royalties it gets from licensing its clients' ideas. Of
course, we need some money from you before we get started."
If a firm tells you this, but asks you to pay a large fee - up-front or to
agree to make credit payments - ask why they're not willing to help you on
a contingency basis. Unscrupulous firms make almost all their money from
advance fees.
Inventor Protections
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Sometimes the easiest part of inventing is to create the idea.
The toughest part is to sell it. |
The
American Inventors Protection Act of 1999 gives you certain rights when
dealing with invention promoters. Before an invention promoter can enter
into a contract with you, it must disclose the following information about
its business practices during the past five years:
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how many inventions it
has evaluated,
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how many of those
inventions got positive or negative evaluations,
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its total number of
customers,
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how many of those
customers received a net profit from the promoter's services,
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how many of those
customers have licensed their inventions due to the promoter's services,
and
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the different names the
company has operated under.
This
information can help you determine how selective the promoter has been in
deciding which inventions it promotes and how successful the promoter has
been. Check out the FTC.gov
website for more information. Choose an invention promoter carefully
if at all.
Here's
what you can do before you spend big money on a patent:
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Read
books on the patent and invention process
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Do a
free patent search on your own by using the US Patent and Trademark Office
USPTO search engine
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The
USPTO has great resources for inventors including US patent law that you should
understand before going too far with your invention patent process
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You can
file a US patent disclosure on your own for $10.00 but that may not help
you in the long run if you don't take action on the patent process soon
after.
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You can
actually do all the work yourself to get a US patent for less than $1,200.
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Patent
attorneys and patent specialists can greatly ease the process and speed it
up though it will take three years or so no matter what you do. That
service comes at a price of about $5,000 to $20,000 just for the patent.
Oh, and don't forget the ongoing regular patent maintenance fees.
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Conduct
a market study to see if the product or idea you have might sell in large
enough volumes to make a profit. Understand that if you are having
it manufactured, marketed, distributed and/or sold by others your net take
on the total sale might be only 5 to 20%. Everyone along the way has
to cover their costs and make a profit too.
Yes, you
can make money on a patentable new invention. Follow the guidelines
above, read some of the great books on the subject and you can avoid making
others rich at your expense. Good luck and have fun. Read
Invent Your Way to Freedom.
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