Idea Into Product / Workshop

“73% of inventions starting new industries
come from independent inventors.”

Dear Friends!

This workshop was created by and for independent inventors, especially for the first-time inventors, who want to bring their ideas to life and see them as products on stores’ shelves.

We are a small group of independent inventors, currently residing in New York. As we meet many first-time inventors with the same whats and hows, we gathered our experience and knowledge to answer most of them, as well as we encourage you to share yours via comments.

Our purpose is 1) to give you precise instructions on every major step on your way to bring your idea into the product 2) to let you publish your idea on our IIP-Database testing and marketing platform to collect feedback about your idea from both possible interested parties and other inventors, search for partners to help you manufacture and successfully sell your product…

The previous version of this workshop is at www.ideaintoproduct.blogspot.com

That is all. Invent, patent and make it work!

Good luck!

US Patent and Trademark Office Definitions

What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

There are three types of patents:

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

What Can Be Patented

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.

The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.

Let’s take an example: say, you’ve come up with the idea of wireless phone (what now we call cellular phone). The idea itself cannot be patented or somehow protected unless you have a method or detail instruction how to take this part and that part and assemble a thing which will be a wireless phone. Therefore, every idea needs a specific way of implementing it.

What Is a Trademark or Service-mark?

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

What Is a Copyright?

Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress. For more general information about patents, specific questions and answers use this link http://www.uspto.gov/web/offices/pac/doc/general/index.html

Here’s a general instruction and basic information at the idea implementing process:

1. Make certain that your idea is new, and do your homework (patent search);

2. Record your invention to have a proof of ownership (register your idea);

3. What’s your idea’s market value? (test your idea);

4. Marketing of your idea. Manufacturing, ad and sales campaign (run your idea);

5. Auction your invention;

6. File the non-provisional (utility, design, plant) patent, and, if necessary, trademark the name of your product;

Every step is important, takes its time and normal course. We want to draw your special attention on two of the most major steps – testing and marketing – which need your enormous passion and consistency.

Also, be advised that disclosing an invention on public (e.g. on IIP-Database) sets the clock running for filing a U.S. patent and derails potential foreign patent rights. Inventors have one (1) year to file for a U.S. patent upon public disclosure, and inventors lose any chance of obtaining a foreign patent if they disclose their invention before filing.

In this workshop you will find a lot of technical information, links to internet web pages, videos and books, and we recommend you to learn as you go, not looking further then you are now on your way.

Patent Search is a process of making sure that your invention is unique, and one of the first things an inventor has to think about before registering his idea. (For trademark search – see the instruction below, in the trademark section).

Instructions:

Let’s start simple: make a list of all possible titles and descriptions of your invention, and use search engines (yahoo.com or google.com) for any matches. The thing is your invention could be in stores already, you just might not know about that.
If nothing’s found, we need to search Patent Database. We recommend you to follow next steps with us to get a proper understanding.
Ok, for example, we have our idea for Essential Oiled Bracelet, that’s how we do it – go to USPTO Database http://patft.uspto.gov, click on “Quick Search” under ‘Issued Patents’, enter “bracelet” for Term1 and choose ‘title’ in Field1, and click “search” button. We have a list of results for different bracelet, and need to find the closest one to ours – so we choose ‘perfume bracelet’, clicking on it and find that its US Classification is D11/4 (usually below is shown the information which classifications were patent searched for that particular patent – that could be used for advanced searching later). Now we start it all over, and now instead of title enter prime classification number “D11/4” for the Term 1 and Field1 is “Current US Classification”. We have 191 results, every result we have to review carefully to be sure none of them match my invention. If none, just in case check other classifications for advance search. Then we do all the same for “Essential Oil” as a Term1, and so on. Upon accomplishing patent search make a detailed report of your search results for further references.

It’s not that complicated as it looks. Good patent-search results gives you about 80-90% guarantee that official patent search will be successful; if you find something similar to your invention – think how can you make your invention different and function differently? Can you improve it – make it less, bigger, change shape, sizes, colors..?
If you want to be confident that your idea is unique and completely new before doing any further moves, we recommend you to use patent search services for independent inventors, such as www.internationalpatentsearch.com. Prior to that make an accurate record of your invention as a proof of ownership (see next chapter for details).

Useful Links:

• “Ask the Inventor” web-site – http://asktheinventors.com/Books/patentsearch.htm
• “InventNet” website – http://www.inventnet.com/patent_search/patent_search.html
• Google Patent Search tips http://www.google.com/googlepatents/help.html

So, you did all necessary search and didn’t find anything similar to your invention… What’s next? Before you start, please watch a video presented by US Patent and Trademark Office:
https://uspto.connectsolutions.com/conceptprotection/
Ok, now first of all you should find out what kind of invention you have: patent, trademark or copyright. All the answers you’ll get on USPTO (US Patent and Trademark Office) web-site, use link http://www.uspto.gov/web/offices/com/iip/index.htm
Here is your step-by-step instruction:
If you have a patent (utility patent – any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; there is also a design patent – the appearance of the product, – description you find below), to register your idea means to have proven dated records of your idea title and description (as USPTO recommends – made in the notebook with consecutively numbered pages), witnessed by any person you know (wife, friend, neighbor) and/or to file a provisional patent application with Patent and Trademark Office(all forms could be found on USPTO web-site http://www.uspto.gov/web/forms/index.html#patent ); if outside of US – contact local PTO). I recommend to do both. And that’s basically the only things you have to do before speak to anyone about your idea. Let’s do it step-by-step:
•Come up with the title of your invention, if there is nothing similar on the market – be advised to trademark the name later (see below how-to).
•Write a comprehensive description of your idea, including your idea’s purpose, all possible variations in forms, sizes, colors, actions and other information; use the letter-size paper. This description will be attached to the application form.
•In most cases you need to attach drawings of your invention; if you can’t draw it yourself, be cautious when asking somebody else for it. The drawings don’t have to be professionally drawn but it has to be clear what it shows. Check www.google.com/patents for sample patent drawings.
•Also there is an option for you to attach CD(s) with other descriptions of your idea, – you can record an audio, video or any other files which give more information about your invention.
•Filing fee for provisional patent filing is $220 or $110 for small entity (for latest filing fees check http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm ). All independent inventors can claim for small entity. Get more info what’s “small entity” in Consolidated Patent Rules Brochure, part 1.27. Use check, money order or credit card (credit card payment form – http://www.uspto.gov/web/forms/2038-fill.pdf); making payment by credit card is preferable and more secure, more over you know right away that the filing fee is charged and you may start testing and marketing).
•Now fill up the Provisional Application Form (PTO/SB/16). Detailed check-list as well as mailing address are here http://www.uspto.gov/web/offices/pac/provapp.htm, use a large envelope for mailing.
•Usually it takes 3-6 weeks for USPTO to process, and they will send you a filing receipt with your invention’s application number and filing date. Starting this date you have 12 months to massively expose your idea to the market, find interesting parties, and start filing non-provisional patent application. This 12-months period your invention has a patent-pending status.
•As it was said there is also a design patent (e.g. design of speakers, cars, music players and so on) – the answers are here – http://www.uspto.gov/web/offices/pac/design/index.html#def. For the latest filing fee check USPTO fee page. Recommendation – be sure that the drawings and/or photographs are high-quality and in high-resolutions. The form for design patent is the same as for utility patent (PTO/SB/01).

If you have a trademark (a name, word, phrase, logo, symbol, design, image, or a combination of these elements), take a look at the basic questions link http://www.uspto.gov/web/offices/tac/doc/basic/ . As with patents, keep the records of your trademark filed up, dated and witnessed, before giving them to graphic designers. Trademarks could be filed online(http://www.uspto.gov/teas/index.html ), but before you start, here is few recommendations:
•USPTO takes a filing fee (check latest ones on http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm, scroll to trademark fees) for trademark processing anyway, and it is your homework to do to be sure that your trademark doesn’t conflict (or make a likelihood of confusion, as they say) with already existing or pending trademarks. Use Trademark Electronic Search System first: http://www.uspto.gov/main/trademarks.htm (find a “search” link in the “What you can do online” section); also do necessary research in the internet to avoid paying a filing fee to be refused in registration.
•Also, it’s a special requirement for the image of your trademark which you have to upload while applying online. All helpful info is here http://teasplus.uspto.gov/TeasPlus/view/FTK/teahelp.htm#JPGimageFile
•Check-list before you start online application: http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm and for more details go to http://teasplus.uspto.gov/plushelp.html#Rule222%28a%29
•“New Trademark” application page (http://www.uspto.gov/teas/teasplus.htm ) will ask you which type of application you are going to use. If you have all the items from the above trademark check-list (rule 2.22(a) link) – choose less pricy TEAS Plus Form. Follow the questionnaire, and get your trademark registered!
Also, here is some helpful links concerning trademarks:
1. Trademark manual of examining procedure – http://tess2.uspto.gov/tmdb/tmep/,
2. How to do USPTO code trademarks – http://tess2.uspto.gov/tmdb/dscm/index.htm,
3. Trademark and Patent Catalogs – http://www.uspto.gov/web/offices/ac/ido/oeip/catalog/index.html

If you have a copyright, all basic information you will find on their web-site http://www.copyright.gov/ . If you are an author of any musical, literary, artistic or some other intellectual work, this link will answer all of your questions. As Copyright Office answers on the question: “Do I have to register with your office to be protected?” – “No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work”. So it’s your choice to file copyright. Information about filing a copyright application online is in the tutorial http://www.copyright.gov/eco/eco-tutorial.pdf . For specific questions go to http://www.copyright.gov/help/faq/
Online application fee is $35, regular application fee is $45. It takes up to 8-10 months to process (online applications – much faster).

Useful links:

• Quick search of USPTO updated forms: http://www.inventnet.com/forms.html
• Consolidated Patent Rules Brochure http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf
• Consolidated Patent Law Brochure http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf

Now, when your idea is protected you can publish it on IIP-Database. How can you test an idea using our database? Very simple.
First of all, contact design studio or any artist for professional good-looking drawings (3 to 5 from different angles and showing various functions), write a comprehensive and strong marketing description with all possible details (this is different description from the one you submitted to USPTO; check some of the ideas’ marketing description at IIP database), ask someone to edit it (e.g. virtual rewriters http://www.humanrewriter.com) and publish it in IIP-Database. Check IdeaIntoProduct website for publishing instructions.
Second, a lot of inventors, entrepreneurs, innovation specialists are browsing our database every once in a while seeking new products for their businesses, and when they are trying to figure out more about your idea, they contact you and ask you questions. The more questions you get, the more interest your idea emit, the more precise information you can gather about different fields your idea can be useful in.
And third, build a list of every possible company from the appropriate industry your invention is from (80 companies? 160? 300? – the more the better!), and e-mail a brief description with cover letter along with the link to your idea’s IIP-page (template cover-letter is in bonus chapter). How to search for your potential buyers, their contact information and what to do with that?
The most effective step-by-step way is:
1. Define your product’s industry (e.g. for essential oiled bracelet the industry interests are: beauty, health and pharmacy);
2. Make a list of all possible companies in those industries, starting with the most appropriate ones (e.g. essential oil resellers and distributors, manufacturers; then – fashion online stores – Avon, Yves Rocher, etc; pharmacy product wholesellers – the total list of more than 2000 companies)
3. Use template letter (see bonus chapter) to write paper letter or email to every company from your list; since between you and desired contact person there will be a secretary – be short, simple and focused on benefits.
4. Browse websites like www.portfolio.com, www.hoovers.com, www.manta.com to find out companies’ addresses, phones, innovation dept. executives’ names
5. Either way of approaching your contacts (email or paper letter) is fine; of course, using both ways are better. Conduct three massive e-mail and/or letter attack every 2 weeks for the great results.
6. Collect responses – questions and your answers – for your records. Later this information will be very valuable for the one you choose to represent your product.
Now, what is to test an idea? To test your idea means to find the answers on questions every entrepreneur or company would ask you within first minutes of your first conversation – what is your idea’s demand (market niche), what’s the competition in its industry, and what’s your idea’s profitability. The answers on first two questions are to be collected from search engines, for example Google:
• Make a list of 5-10 descriptive words of your idea (or product), get more of them on get-keyword-ideas link https://adwords.google.com/select/KeywordToolExternal?defaultView=2;
• check the demand – it’s the amount of online search queries;
• for every appropriate keyword check the pay-per-click price at http://adwords.google.com/select/Login under Costs and Payment section; the higher price – the more competition.
Now, let’s find the profitability:
• using search engines, review first 10-15 search results, and check the products’ prices and services;
• contact local manufacturers (e.g. www.thomasnet.com ; see more in “entrepreneur resources” below), discuss the prices on your product’s manufacturing, multiply by 8-12 times (depends on your product’s price, ad campaign cost, competition), – and now compare your result with similar products’ retail prices.
If the numbers say a promising all-right, go on further! Collect and use the statistics to show the potential of your product to possible distributor(s)…

Usefule links:

• Guide how to prepare your product presentation: http://asktheinventors.com/Books/presentations.htm
• Test your invention thru the MeetUp communities – global enthusiasts and small business owners (www.meetup.com)

“My friend Fred has a new book coming out and he was trolling around for new marketing ideas. I think he’d be surprised at this:
Sell one.
Find one person who trusts you and sell him a copy. Does he love it? Is he excited about it? Excited enough to tell ten friends because it helps them, not because it helps you?
Tribes grow when people recruit other people. That’s how ideas spread as well. They don’t do it for you, of course. They do it for each other. Leadership is the art of giving people a platform for spreading ideas that work. If Fred’s book spreads, then he’s off to a great start. If it doesn’t, he needs a new book…”
Seth Godin. “Tribes”

Very simple. And probably the only way to make our ideas work in a modern market. Besides, we need to dress our idea a little before letting other people see and value it. And to expose your idea correctly, to give other people a proper look of your idea’s content and functions – that’s what makes you and your idea’s marketing successful.

Now when you see all the feedbacks about your future product by testing it, it’s time to give a bright look to your idea. To add video of the prototype and its pictures, video of your invention in action – Live or 3D graphic – are always great and help people to understand more about your idea; attaching calculations is optional, but mention that you have them handy anyway. That’s what entrepreneurs want to see first. Besides publishing instructions, which you can get on our website, also we recommend you to look for great invention-posts in our database, borrow what you find best.

For price-affordable services, such as design studios, prototype makers, artists, and others – please check our suggestions or offer yours.

Now it’s time to find out the approximate value of your invention. Our strong recommendation is to do this part with your legal council if possible. If a trusted and competent specialist is not available, there are three articles which we present to your attention:

• a “Goliath”, an online library of business knowledge (article “20 Steps for Pricing an Invention” – http://goliath.ecnext.com/coms2/gi_0199-3459437/20-steps-for-pricing-a.html);
• for technical inventions – a short useful work of Richard Reeves “A Model for Valuing an Invention” (www.richardreeves.net/docs/valuip.doc);
• inventor’s resource center Invention Help – “Price Your Invention for Maximal Profits” (http://www.invention-help.com/invention-pricing.htm)

Also, you may consider a service which does automated pricing of your idea, e.g. Patent Value Predictor (fee of $150 for each patent value) (http://www.patentvaluepredictor.com).

Here is a list of companies who accept new product inventions:

• Guthy-Renker online idea submission at www.guthyrenker.com
• Bed, Bath and Beyond www.bedbathandbeyond.com
• BJ Direct (Retail Product Distribution) www.bjgd.com
• Children products, games and toys – Creative Group Marketing (fee applies) – http://www.creativegroupmarketing.com. World Innovation Network (almost any possible product)
• Submit new toys and games for licensing – Excel Development (http://www.exceld.com )
• Beauty and fashion products – Accessories Brainstorm – http://www.accessorybrainstorms.com
• Medical products – Sylmark (free service for inventors) http://www.sylmark.com
• Product evaluation McPherson Partners (royalty basis, no upfront payments) – http://www.mcphersonpartners.com
• Placing products with companies – RoyaltyPros Licensing (fee basis) – http://www.royaltypros.com

It takes time, passion and effort to come to this stage of the game where the most fun lies. If the job is done properly your idea will find its bidders and will be licensed or sold. Start your auction price with 70-80% of the numbers you received from evaluating services.
In case of licensing the invention be advised to file your non-provisional utility patent application (within one year since you registered it) to have control over your invention in future.

The last step is a business of your patent attorney. You may use USPTO site to find few in your local hoods.

Here is a general picture of what must be done:
1) file utility patent application form (PTO/SB/01) along with necessary other forms – transmittal form (PTO/SB/05) and transmittal fee form (PTO/SB/17), usually you receive a confirmation of acceptance in 3-4 weeks and a notice for patent search in 6-7 months.
Prepare and submit officially accepted patent drawings (http://www.uspto.gov/patents/basics/index.html#standards) and full specification of your invention (http://www.uspto.gov/patents/basics/index.html#spec). The use of professional service is required. On USPTO site or www.google.com/patents you will find examples of how non-provisional patent specification is composed. Filing fee is $330 (as an independent inventor go with small entity discount – $165).
If more than one inventor, please use USPTO Additional Inventors form (PTO/SB/02). Also, you may submit an Application Data Sheet (details §1.76 from Patent Rules http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf).
Also final approval before sending papers to USPTO is necessary. Schedule a per-hour consultation with patent attorney (usually $100-200 per one hour) to review your documents. Check close registered agent or attorney here: http://oedci.uspto.gov/OEDCI/query.jsp;
2) upon receiving a notice for patent search, pay the patent search fee: utility patent – $540 ($270 as a small entity), design patent search fee – $100 ($50), plant – $330 ($165);
3) usually in 3-4 months after patent search payment, you will get a notice of your patent examination. In order to start examination process you are required to pay an examination fee: utility – $220 ($110), design – $140 ($70) and plant – $170 ($85);
4) if everything goes without delays and crossing other patents, USPTO sends you a patent allowance notice. You will be required to pay an issue fee of: utility patent – $1510 ($755), design $860 ($430) and plant patent $1190 ($595).
This might take 15-20 months to get an utility patent, but it is not a matter of importance – you have your rights to license your product and this final step is pure formality. Thanks for making a world a better place!