Re: Copy Right/ Patent

**Iceberg** · 08-07-2006, 04:26 PM

Ok, follow up question:

How do I go about selling my "idea" to a business that would be interested in it (understandably, I believe they would end up owning the product and patent).

**Steeler** · 08-07-2006, 05:19 PM

First of all, develop it yourself as much as possible. Even go so far as to patent it yourself if possible. If you own the design you can either sell it to a manufacturer/investor or protect yourself against theft if someone runs off with the idea. Investigating a patent also lets you know if there is already another product on the market similar to your idea.

What do I mean develop? Sketch out the design, build a working prototype, test it. Try multiple configurations. If you don't have the technical know-how to do it yourself, look for a trusted technically savvy partner to help you bring it together. DO NOT pitch the idea to any investor, manufacturer or marketing firm until you have secured your legal rights to the idea through adequate development. I'm not sure what category of product you are working on, but if it is a simple gadget, piece of novel electronics, or any kind of houseware product, these things can be stolen, copied, and mass produced very very easily.

When you are ready to introduce your product, you have a few options. First, you can choose to manufacture and sell it yourself. There are a lot of resources available to you in figuring out the process behind this, but it takes a good head for business. You need to develop the prototype, test it, check for existing patents, check its legality in terms of the Federal Trade Commission, EPA, FCC, etc. You need to find a manufacturer in the US or overseas, hire a distributor, and decide on how you want to market - retail, catalog, direct response, etc. Then, if your distribution warrants it, you need to develop your advertising strategy. So it's a big investment of time and money.

You can also simply sell your product to an investment, marketing, or distribution company. All those "Inventors Wanted" programs are set up by marketing firms looking to develop products. Some of them are scams, some are legit. All of them are fiercely competetive. The biggest place to see them all in one go is at the Electronic Retailing Association Expo in Vegas. Sometimes it's worth the price to see all the companies there, sometimes it's a blowout. Kind of depends on what you're looking for when you go. You see a lot of products debut there, a lot of inventors wandering around looking for money, and some gems of sound advice buried in a lot of corporate BS.

This is an offshoot of my company's business. I'm not an expert, this is just the process I see from the sidelines. Hope it helps.

**leejo** · 08-07-2006, 05:27 PM

Unless you have an extra $1 million or so sitting around, and if you are very serious about this idea, get intellectual property insurance. If someone steals your idea, it will cost about $1 million to protect your property.

**Wimpinator** · 08-07-2006, 05:43 PM

If you go for a patent then you deifinately need to use a patent attourney. These people write them for a living and will get it written in the best way to protect your rights.

For the manufacturing bit you can contract out the manufacturing to various companies. I usually try to keep my business in the US but sometimes money dictates otherwise. It is very hard to beat the cost of Asian manufacturing companies.

good luck man and let us know when you are a millionaire!

**Rincewind** · 08-07-2006, 07:21 PM

Originally Posted by CingularDuality

It's really not a viable option. At least not if you don't want others to just change the color and patent their version.

Without a patent that specifically outlines the design of your creation, others will just change the design a tiny bit and patent it themselves. You'll have nothing recorded to prove the design was your invention, only the fact that you were selling a similar product first.

This is the entire reason that the patent office exists.

Yes it is. And like most things, it depends on the 'idea'. Since Squeak has been light on details, it may be the best route he could take. They are especially useful in the development phase of a product (which Squeak is in) and while shopping for fabricators, engineers, and even attorneys. Applying for your patent should be done only when the nebulous parts of product design (hardware or software) are worked out to ensure maximum protection under international patent and IP laws. Applying for a patent is NOT the only or even the best way to protect your IP. Additionally, having a patent is not the only way to contest “prior art.”

If you're serious about your idea get in contact with an IP/patent lawyer about your options and keep the relationship going as your 'idea' moves through various stages.

**El_Gringo_Grande** · 08-07-2006, 09:57 PM

The new patent laws being proposed will have something to say about all this.

http://news.zdnet.com/2100-9595_22-6102493.html

It sounds like it might end up being who files first, not who invents first.

**CingularDuality** · 08-25-2006, 12:29 PM

I just came across this via slashdot, and thought I'd share: What things cost

**ACU** · 08-25-2006, 08:37 PM

Originally Posted by CingularDuality

It's really not a viable option. At least not if you don't want others to just change the color and patent their version.

Without a patent that specifically outlines the design of your creation, others will just change the design a tiny bit and patent it themselves. You'll have nothing recorded to prove the design was your invention, only the fact that you were selling a similar product first.

This is the entire reason that the patent office exists.

listen to the man

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