Frequent Questions

Here are are some of the most frequently asked question we receive during our presentations and via email on this website.

GETTING STARTED

How can I be sure that my idea is not already out there?

It is essential to conduct both a market and patent search to make sure that you are the first person with the idea.  We suggest that you start by going to the type of store that would eventually offer your invention for sale.  For example, if your idea is an office product, go to office supply stores and make sure that you do not find your invention already being offered for sale.  Also, check specialty catalogs that might be likely to carry an invention such as yours.  If you do not find it at the kind of store that carries similar items or in a catalog, it is time to do a patent search.  There are several ways to do this.  One way is to go to the nearest Patent and Trademark Depository Library (see the list posted on our website under "Libraries").  The librarians in the Patent and Trademark Depository Libraries are very knowledgeable and helpful and this service is free.  Or, you can conduct a fairly thorough search online by going to www.uspto.gov (on our "links" page) if you enter every key word that you can think of to describe your invention.  It is also very important to do a "classification" search.  Many times you will come across inventions listed in the same classifications as yours that you might have missed doing only a key word search.  It is also very important to search all possible years.  When we were inventing Ghostline, we found a patent from 1877 (that was NOT a typo) that had to be listed as "prior art" for our second patent.  If you need a little help in doing the search online we offer a free patent search e-book.  Just request it through our website and we will send it right out to you.   Finally, you can hire the search done by either a patent agent or one of the firms that specialize in this service in the Washington, DC area.  We have links to the patent agent we personally use as well as a firm we trust in the DC area.  You can find links for both on our "Helpful Links" page.

What if I need to tell someone my idea in order to get his or her help? 

If you need to tell someone, have him or her sign a "non-disclosure" form that says that they are not allowed to talk to anyone else about the idea. You can find a sample NDA that you may print out on the right side of our home page right under the little Ghostline ghost.

I don't know what kind of protection I need for my idea (patent? trademark? copyright?).

We are not attorneys so we cannot give you any legal advice but these are the differences as we understand them.  A utility patent is for an invention that is utilitarian (it has a use).  A trademark is for a product name, logo or slogan that describes a product.  A copyright is for written or artistic work.  An intellectual property attorney could tell you which kind or kinds of protection would be appropriate for your idea.  

If it is a simple idea is it still a good one?

You bet! In fact, more often than not, the simplest inventions are the best and have the widest appeal. For example, if you were to think of a simple container for breakfast cereal that is easier to deal with than the traditional cereal box, your invention would appeal to millions of people. On the other hand, if you were to think of a new kind of foot pedal for a unicycle, that would appeal to only a few people. Many simple ideas have been the greatest. Where would we be without Ziploc bags?. . . or Velcro These simple ideas have made a difference in all our lives. 

What should I do after I get a great idea?

Follow through! Many people have some really good ideas for great new products, but most of them never do anything about it. Thomas Edison, one of the greatest and most prolific inventors in American history, said, "I have more respect for the fellow with a single idea who gets there than for the fellow with a thousand ideas who does nothing." Following through is the difference between a successful inventor and a dreamer. Don't get us wrong! There is nothing wrong with dreaming. In fact, it can often be the starting point. Some people daydream terrific ideas. Others actually dream great ideas while they are sleeping. Our terrific idea came in a real dream. Inspiration can come at any time and in many ways. Be open to it.

Can I tell all my friends about my great idea?

Tell only those friends that you trust completely. Until your idea is "protected" it is better to tell as few people as possible. In inventing, the first person to apply for a patent is usually the one who received it. Never tell anyone your idea unless you are sure that they will not try to take credit for it themselves.  The exception to this is when you use a non-disclosure agreement.  When you have anyone you show or tell about your invention sign an NDA it is not counted as a "public disclosure" of your invention.  The USPTO has very strict rules about "public disclosure" of your invention.  From your first public disclosure you have exactly one year in which to file for your patent or lose all rights to ever file for a patent on it.  You may print out a sample NDA from our website.  Click on "How to Invent" then select "Sample non-disclosure agreement."  

Once I have a good idea for a new invention, then what?

The first thing to do is to start keeping a journal. In the journal you need to describe and draw your invention the best that you can. Then you need to have two people who are not related to you to read your description and sign and date the page where you described it. This is very important. It is essential that you keep your journal in exactly the right sort of journal book. It must be a book in which the pages are stitched or sewn in. It must not be a book with glued pages. Another important thing about your journal is the way you write in your entries. You must write on every single line all the way across the page. Ignore the margins. Just completely fill it in. Each new entry into the journal should start immediately following the last entry. It is important to always put the date at the beginning of each entry. Your journal will be a complete record of your progress with your invention. Keep it just like a diary. Tell every detail of your efforts regarding your invention. List name of people you talk with and new ideas relating to your invention as they come up. Your journal will show when you first had your idea and how you developed it. The journal can prove in a court of law when you first came up with the idea for your invention. If two people have the same idea and both have journals, the one with the earliest beginning date will be considered the inventor. This is the reason it is important not to leave any blank spaces as you write in your journal. If you need to show your journal in a court of law, if the spaces are all filled in, it doesn't look as if you came back at a later date and added information.

I'm just a kid.  Can I be an inventor too?

Absolutely!  There are products on the market right now that were invented by young people.  Did you know that television was invented by a 14 year old young man?  Young people are great inventors!  Go to any store and you will see products that were invented by youngsters.  There are no age requirements for owning a patent.  Go for it!

Through the years I have seen a lot of "my" product ideas appear on the store shelves.  I now have another good idea.  How can I make sure that I get the money from my good idea?

That exact thing has happened to almost everyone.  We think of a great idea, do nothing about it and the next thing we know it is on the store shelves and someone else is making the money from it.  We believe that ideas are "in the ether" and if it comes to one person it is coming to several others at the same time.  The person who will benefit from it is the one who moves forward, immediately!!! Don't dally!  If you do "your" great idea will be someone else's invention.  The United States in a "first to invent" country, not a "first to file" country so it is very important that you start researching and documenting your progress in an inventors journal (See our "How to Invent" page for more information on the inventor's journal).  And, keep moving forward!  Nothing happens until you make it happen!  Andy Rooney of 60 Minutes says, "Opportunities are never lost; someone will take the ones you miss."  We believe that is true.

I have a great idea for a baby product.  My friends tell me I should take it to Babies R Us.  Should I?

You should have some protection in place before you show it to any manufacturer or retail store.  But, first things first. . . do a market and patent search first then, if you are in the clear, at the very least, file a Disclosure Document with the USPTO.  http://www.uspto.gov/web/offices/pac/disdo.html

This costs only $10.00 to file and, along with your inventors' journal, is the first step toward claiming your idea. 

 

INVENTION IDEAS

I have some great ideas, but I don't want to actually invent them myself.  Is there a company that will pay me for the ideas?

Many people want to sell an idea but that is nearly impossible unless your invention is a toy and that industry works in a completely different way. Many times patents are not required for toys or games. Generally companies want to buy inventions that are protected with a patent. 

I want to make a change to a bicycle that will be an added feature.  Would I just get paid a royalty on the added feature or the whole bicycle?

We believe it would depend on how much your invention changes the bicycle.  Is it a small added feature or is the basic design changed so that bicycles with your invention would be significantly different from ordinary bicycles?  If it is a small added feature that would be added to an existing bicycle you would probably be paid royalty only on the added feature.  If, on the other hand, your design changes the entire bicycle, we think you could reasonably expect to receive a royalty on the wholesale selling price of the entire bicycle.  For example, when Carolina Pad sells a piece of poster board with the Ghostline grid printed on it our royalty is based on the total wholesale selling price, not just the cost to add the Ghostline grid to an ordinary piece of poster board.

My invention is a . . . . . . . . . and I want to know if you would be interested in partnering with me?

We are flattered that you would ask us to "partner" with you but we partner only with one another.  We may be able to help you by working as your agents, if your product is in the school/office supply category.  If it is not, we may be able to recommend legitimate agents who do work in the area of your invention.

I have an idea for using an existing product in a whole new way for a completely new market.  Can I get a company to pay me for my idea?

It is certainly possible that a company might pay, at least something, for an idea that would expand their existing market substantially.  It is not something we have any personal experience with but it sounds reasonable.  You might need to approach the manufacturer by explaining that you know of another use and market for their product that could increase their sales dramatically.  Explain that you will tell them what the market and use is if they will agree to pay you a royalty on all sales to that new market.  Do your homework before you go to them.  Find out how big that potential market could be.  Would they be distributing the product to retail outlets that they do not currently serve, or would the product just appear in another part of a store where their product is already sold?  It is certainly worth a try.  We wish you great success!

We are students and we want to know how to invent an automatic napkin dispenser.  Can you help us?

The name of our website may have caused you some confusion.  It sounds like we answer any question but actually this is a website run by my sister and me, who try to help people who want to be inventors.  We give them advice and tell them the steps they need to take to go from having an idea to having an actual product on the market. 

I have thought of a great invention but I don't have any idea how to actually make it.  What now?

We advise all first-time inventors to stay within their area of expertise.  Too often first-time inventors confuse an "idea" with an invention.  For example, I may think that it would really be neat to have cars that "hovered" above the road on jets of air, eliminating the need for tires and making for a very smooth ride.  That's an interesting idea, but that is all it is, an idea.  I wouldn't have a clue as to how to actually make such an invention.  Or, I might think, wouldn't it be great to have a machine that you could just walk into that would immediately transport me to another location in the world.  Those are just ideas!  Way out of my area of expertise!  Inventions like those will have to be left to the scientists, or more likely, to the science fiction writers. 

Your area of expertise does NOT mean that you have to know everything about how to make your invention right now.  It just means that you must have the ability to find out what you need to proceed with your invention.  When we were first working on our first invention, Ghostline, we did not know all that we eventually learned, but we did know that we could find out what we needed to know.  Or, we could find the people who knew the information we needed to learn in order to figure out how to do what we wanted to do.

We often hear from people who have an idea (a "wouldn't it be nice if" idea) but they don't know how to do it themselves and they don't know how to find an expert in the appropriate field to help them either.  By the way, the expert you hire to help you develop your invention may turn out to be the actual inventor, not you, if you are not cautious.  You must know of a way to make your invention work to be the inventor.  At the very least, your expert may have to be listed as a "co-inventor."  The only exception to this would be if you have a special nondisclosure document drafted (by an intellectual property attorney or a patent agent) that would make it clear that you are "hiring" the expert and they have no claim whatsoever on your eventual invention. 

The chances of success for a first-time inventor are greatly enhanced when the inventor stays within his/her area of knowledge.  Don't try to invent a complicated device on your first time out.  There are many simple, yet useful, items that will make life easier for all of us yet to be invented.

I have invented a new food item.  Does the information on your website apply to food inventions also?

Food items are some distance away from the types of inventions we are familiar with, but you may need to get some sort of protection, depending on exactly what your item is.  If it is a new recipe for something you may only need to keep it confidential as a "trade secret."  A patent attorney or patent agent could tell you for sure.

Inventors Digest Magazine devoted an entire issue to the development and marketing of food items.  Just go to www.inventorsdigest.com and look for 'Back Issues.'  Then look for the one that say, "Inventing for Food" on the cover.  Perhaps that magazine will give you some guidance in the development and submission of a new food item.

I have a great idea that I just cannot believe is not on the market already.  It's so obvious.  Why would this be?

Some very good products don't reach the marketplace because they are just too expensive to manufacture and sell.  But...don't jump to that conclusion.  There could be other reasons.  If a good market search and patent search does not turn up your idea, the Wisconsin Innovation Center, http://academics.uww.edu/business/innovate/index.html , is an excellent place to start.  Their evaluation can give you a definitive answer to whether or not cost is the problem.

How can I figure out how much it will cost to manufacture my invention?

That can be a difficult thing to do, but here are some guidelines:  Most products need to be able to retail for 4 to 5 times the cost of producing them.  So, if you can find a similar product that is on the market, look at the retail price and divide that by 4 or 5, that should give you a 'ballpark' idea of the cost of production.  If you cannot find a similar item, look at other items that would be made from the same materials and use approximately the same amount of materials and see if you can do the math backwards on them.  This is a very rough way to do it.  Obviously the best way is to find the cost of the raw materials and get estimates from manufacturers on the cost of producing the item.

FUNDING

I have good ideas but no money.  Where can I find funding?

Funding is about the biggest obstacle an independent inventor has to face.  We have a couple of links for you to check out.  Each one has several sources of possible funding.  The first, www.uiausa.com/ConnectionPage.htm#funding , is from the United Inventors Association website.  The second link, http://inventors.about.com/cs/gettingthemoney is from a search engine called About.com.  There are a number of funding sources listed there.  We do not have personal experience with them, so check them out thoroughly before doing business with them, but we have no reason to believe that they are not legitimate, either.  It is just a good policy to check out any unknown source.

ATTENTION: Jack Lander has just published a book that will answer all your questions about getting funding for your invention or great idea. It is called "How to Finance Your Invention or Great Idea: Finding the investors of money and services who will empower your dream." You may purchase this "gold mine" of a book from the United Inventors' Association at http://www.inventorhelp.com/books.html for only $19.95. If you are serious about finding the funding for your invention this book is a MUST HAVE!

 

PROTOTYPES

Where can I get a prototype made and what will it cost?

Prototypes do not have to be elaborate or expensive.  It does not have to be made of the materials that the final product would be made of.  Just make it out of any material you can find.  It only needs to demonstrate what your invention is, how it works, and that it DOES work.  If your invention is something that you cannot make even a rough prototype of yourself there are companies that specialize in making prototypes.  Their fees can sometimes be quite expensive so if you are able to make it yourself you are often better off to do so.  Watch our "Helpful Links" page.  We expect to list several reputable prototype makers there soon.

If your prototype is something that needs to have a plastic injection mold they are extremely expensive.  Now, however, there are less expensive alternatives.  A process that is called "Rapid Prototyping" accomplishes the alternatives to plastic injection molding.  The machines that do the rapid prototyping are basically 3-D printing machines.  The machines take a drawing and "build" a model, microscopic layer by microscopic layer.  There are several different machines that are able to build prototypes in this manner.  The most common rapid prototyping machine are the ThermoJet, Genisys, Prodigy, JP System 5, Objet Quadra and the Z402.  You can find listings for companies all over the world that provide rapid prototyping servies by using the keywords, "Rapid Prototyping Service Bureaus" or by going to:  http://home.att.net/~castleisland/u_lks.htm .  On this site, page down to the heading "Commercial Service Providers" and you will be able to find the rapid prototyping service nearest you.

Rapid prototyping does not replace plastic injection molding for durability.  It is, however, able to make a prototype that will clearly demonstrate what will be needed to manufacture your invention.  A prototype made with the rapid prototyping process is usually more than sufficient for an inventor to show a prospective licensee.  And, the cost is dramatically less expensive.  It is not unusual for a plastic injection mold to cost tens of thousands of dollars.  Rapid prototyping can cost around $20 per cubic inch of material used to make it.  That's quite a difference.

What is a prototype?

It is a model of your invention. It does not have to look exactly as you envision the final product to be. It just has to be a good enough model that any prospective manufacturer could see exactly how it works, and that it will work. Your prototype may be made of cardboard, when the actual product would be made of plastic or metal.

Are "virtual prototypes" useful for independent inventors?

Yes! When the cost of making an actual prototype is prohibitive virtual prototyping is an excellent alternative. Virtual prototyping consists of 3D CAD animated drawings that illustrate what your product would look like from every angle. If there are working parts to your invention they demonstrate how the parts work. Virtual prototyping can be expensive but we know of a source of excellent virtual prototypes at the most reasonable costs available. Contact us if you wish to get a referral.

PRODUCT EVALUATIONS

Do I really need a professional evaluation of my invention?

Before you spend a lot of money on a patent for your invention it is a good idea to get it evaluated by a professional firm.  They can analyze the competition, the market acceptance and the cost of manufacturing your product, among other things.  There are several places you can go for legitimate invention evaluations ( Beware of the scam evaluation and promotion companies!) The costs for their services vary generally from around $50 (for a very limited study of your invention) to around $500 for a very thorough and useful evaluation.  You will find a few listed on our "Helpful Links" page and our "Want Us to Help You?" page.

Is it possible to get a market evaluation before you begin the patenting process, or should you wait until you get some type of protection?

It is not only possible to get a market evaluation first, it is highly recommended!  Most people, in their zeal to get their great ideas 'out there,' don't consider 'doing their homework' first and sometimes cause themselves a lot of grief.  It is great to hear from someone who is doing their product development in a methodical way.

If you get a good evaluation before proceeding to patenting, you can often save yourself a lot of money, far more than the cost of the evaluation.  These evaluations cover so many important things that product developers need to know about their new products, such as who (and what) your competition is, where the actual marked lies, how large the possible market may be, manufacturing cost vs. retail selling price, possible weaknesses in the product that could be corrected before patenting, even possible licensees, etc.  Good evaluation services have contacts all over the world that they utilize in evaluating new products.  That is something that an independent product developer would find very difficult and time consuming to do.

These services will provide you with signed non-disclosure documents, so you can feel comfortable in disclosing your information to them. We have two such services that we recommend on a regular basis because we know them to be thorough and reasonable in price.  They are:

http://academics.uww.edu/business/innovate/index.html and

http://uiausa.com/UIAIAP.htm .

 

How did you find your patent attorney?

We joined our local inventors group and got the recommendation from them.  We actually visited with about four attorneys before we decided on one.  We hired him, had difficulty communicating with him and finally went back to the first patent attorney we saw.

How much did it cost to get a patent?

In 1994-95, when we were getting our patent, it cost between $6,000 and $8,000.  We paid around $2,500 to start and then paid other fees as they were due.  It is our understanding that most patent attorneys allow clients to pay fees as they come due and as work progresses on the patent.  Many patent attorneys or patent agents do not charge at all for the first visit with them when they evaluate the patentability of your invention.  Check to be certain that this is their policy, however, before scheduling an appointment.

What is a Provisional Patent Application and how might that help me, an independent inventor?

A provisional patent application is exactly that, an application. It will never result in an actual patent unless you convert it to a regular utility patent application. There are advantages to filing a provisional patent application if your product is ready for licensing (i.e. a thorough patent and market search has been done, a working prototype exists, and an analysis of cost of manufacturing vs. retail selling price has been done). It is also a good idea to have a professional product evaluation performed by a legitimate source (NOT THE COMPANIES YOU SEE ADVERTISED ON RADIO, TV AND IN PRINT!). The filing fee for a provisional patent application is only $100 (significantly less than the filing fee for a regular utility patent application). The beauty of the PPA is that it allows you to legally state that your product is "patent pending" from the moment you drop your application into a U.S. mailbox. You are then ready to present your product to potential licensees with some degree of comfort that they are unlikely to "rip you off" knowing that you have filed with the USPTO. Also, if you are able to find a licensee during the one year time period of the PPA then the licensee would likely pick up all the expenses related to filing and prosecuting the actual utility patent. You, of course, would still be listed as the inventor on the patent. The disadvantage of a PPA is that it has only a one year time period. If you let the one year elapse without converting it to a regular utility patent application then you would forfeit your right to ever file for a patent on that invention. (Remember, we are not attorneys and there may be nuiances of the law and filing requirements that a competent attorney could and should help you to understand.)

How much does it cost for a professional to write a Provisional Patent Application?

It all depends on where you go for help. Rates vary widely. Most attorneys and agents charge between $800 and $2,400 to write the provisional patent application. We have some great news, however! We were recently referred, by a source we trust, to an established legitimate law firm that was established in 1935. In cooperation with Ask the Inventors! Harpman & Harpman of Youngstown, OH has agreed to make the following offer:

They will write provisional patent applications for Ask the Inventor! referrals for a flat fee of $650 plus government filing fee of $100 which will include informal drawings based on the information provided by the inventor. This rate applies to all inventions except electrical, business method and chemical cases (which would be quoted independently). If you are interested in pursuing this opportunity to get a PPA for an incredibly low price please contact Rich Harpman (330-758-7505). You may also visit their website at http://www.Harpat.com. We receive no compensation of any kind for this referral. We offer it simply in an effort to help you.

I have a patent which I have licensed to a company. They are supposed to pay the patent maintenance fees. How can I be sure that they have paid them?

Maintenance fee information is available on the USPTO website and you can pay your maintenance fees online there. The exact location is: http://ramps.uspto.gov/eram/patentMaintFees.do

Did you do your own patent search?

We did.  In 1994 it was before patent searching on the internet was available through the United States Patent and Trademark Office's website (www.uspto.gov) so we did it at our local Patent and Trademark Depository Library.  The librarians there are trained by the USPTO and can help you to do a fairly thorough patent search yourself.  After having satisfied ourselves that our idea was patentable our attorney recommended that we have a professional search done also.  That is a good idea even though it turned out that we found the same "prior art" that the pros did.  Our attorney had the professional search done for us before we knew that we could go directly to the patent search firms rather than through the attorney and save a bundle of money in the process.  Our attorney charged us approximately twice what it would have cost if we had hired the professional searchers ourselves. 

Is the patent search guide you offer enough of a search before I file for a patent?

No!  The patent search guide teaches you how to do a preliminary patent search only.  It serves several purposes.  First, it allows you to do a "knock-out" search.  In other words, if you find your idea right away, you will save yourself further time and money if you know how to look for it in the patent database.  Also, if you do the best search that you can possibly do and have not found your invention, but you have made notes of the patent numbers and perhaps printed out the patents that are closest to your idea, you can save yourself some money when you take it for a professional search. 

I have done a patent search using your guide and found absolutely nothing!  Is this good news?

Not really.  If you found nothing at all even close to your idea, you may not have done a good enough search.  Most ideas will turn up some similar patents.  Patent searching is a tedious thing and even with our guide, it should take you at least a day or two to carefully look at patents from key words and look at prior art and classification numbers. 

Do I have to have a patent attorney?

You can submit your own patent application but we would not advise it. The rules of the USPTO regarding exactly how a patent application should be are very specific. Your best chance for actually getting awarded a patent are with the help of a competent patent attorney or patent agent. The road to getting a patent is long and there are pitfalls that a good attorney can help you to avoid. Also, a patent attorney or patent agent can write the claims in such a way that your patent is more likely to be comprehensive, affording you more protection.

We personally recommend patent attorney, Alan Theile. He is with Strasburger, Attorneys at Law, in San Antonio, Texas but he works with inventors all over the country. In addition to being an intellectual property attorney he is also a contract and international contract expert. To reach him Click Here.

I had my attorney file for a patent on my behalf.  When the "first office action" came back from the USPTO my attorney recommended that I drop it.  I did and then a year or so later I saw "my invention" on the market patented by someone else!  I feel betrayed by my attorney and the USPTO!  Do I have any legal recourse?

We are surprised that your attorney was willing to just accept the first office action (rejection of the patent, citing claims on other patents) as this is indeed routine with the patent office and it is almost unheard of for a patent to be accepted and issued without at least one office action.  Most attorneys and their clients understand this and just prepare to have to rewrite some claims in order to have it allowed.  We do understand that there is some attorney costs involved in rewriting the claims and resubmitting to the USPTO, but it is usually not as much as the writing of the initial application and can usually be paid over some period of time.  This is a real shame that you elected to drop it, especially since someone later patented essentially the same thing. 

As for whether you have recourse with the patent office, or your attorney, this is a legal question and we are not attorneys, so we cannot say what you might be able to do.  We would suggest contacting a different patent attorney for advice on how to proceed.

Does the USPTO routinely reject patent applications at the "first office action" in order to drive up costs for independent inventors?

We don't know.  We do know that it is their job to make certain that they protect patents that are already issued by rejecting any claims that could overlap those on existing patents.  So, for this reason, we believe they sometimes get over zealous in rejecting claims just to protect themselves.  We think they figure that if you really want your patent badly enough, you will provide proof to them that your claims do not interfere with those of a patent that is already in existence.

You can't.  It is a bit of a gamble when you file.  It is possible that someone else has already filed but it has not yet been published.  Patents are published 18 months after they are filed unless you are only filing for a U.S. patent and have specifically indicated on your application that you do not wish to have it published until it issues.  If you are filing for patents in countries other than the U.S., it is our understanding, that 18 months it the maximum amount of time that it will remain unpublished.

I found a patent for my invention but it is very old and expired.  Can I patent it now and sell it?

If you have found your exact invention then, no, you cannot receive another patent for the exact same invention even if it is no longer sold in the market place.  Once a patent expires it becomes a part of the "public domain" and anyone who wishes may manufacture and sell it.

In the course of doing my patent search I have found a patent that looks very close to my idea.  Should I just give up now?

Don't jump to any conclusions!  When we were inventing Ghostline we came across a patent for an invention that created a poster board with a faint grid.  We thought it was all over for us until we read the patent carefully and discovered that it was for a method of scoring or cutting the lines into the poster board.  Our Ghostline was a much improved method over theirs and as a result we were able to obtain not just one, but three strong patents covering our invention.  If you are unsure of where you stand we would suggest that you talk to a patent attorney or patent agent before you give up.

I have an idea I want to patent.  I do not have an actual prototype.  Can I do that?

This is what the USPTO says about that:  "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."

In trying to do my online patent search I cannot get any of the images.  What am I doing wrong?

What you need is 'Alternatiff.'  It is a reader for those image files from the USPTO.  This is a free download.  Then, you should be able to view the images.  Just go to this link and follow downloading instructions:

http://www.alternatiff.com/

How long does patent protection last?

The term of a utility patent is 20 year from the date of filing.  The term of a design patent is 14 years from the date of issuance.

My invention is a great item.  I have been making and selling it for years and everyone loves it.  Can I get a patent on it?

This is a legal question, but our 'gut feeling' is that you cannot now file for a patent when you have been selling the product for many years.  Check with an attorney to be sure.

I have a great idea and I don't want anyone to steal it from me?  I know I must use non-disclosure agreements before showing it to anyone, but does that mean a patent attorney should sign a non-disclosure agreement too?

A patent attorney, or patent agent, is someone that you can trust with your idea.  Patent agents and patent attorneys are ethically bound to keep your information confidential.  They would soon be out of business if they disclosed anyone's invention. 

That said, be very careful of others to whom you entrust your information.  there are legitimate sources of help for inventors for everything from protecting your idea to help with creating your prototype or marketing your invention, but stay away from those companies who advertise that they will take your idea and make you a millionaire.  Those are the ones to beware of.

I have an idea for an item of clothing.  Can I get a patent on clothing?

In general, we think that if you have invented some innovation in garments (something unlike anything that is presently on the market) it may be something patentable.  We have seen that done in a new type of children's wear.

You would need to consult a patent agent or patent attorney with some specifics about the garment in order to get a definitive answer.

My idea is for a new game.  I know many games are not even patented, do I still have to do a patent search?

It is necessary to do a good patent search to make sure that your game ideas has not already been patented, because many toys and games are patented, but you are right when you say that many toys and games are not patented.  It is not always necessary to have a patent in order to market toys and games.  This is because the industry is so 'hungry' for more and more new games and patenting is too long a process.  Often, a copyright is all that is necessary for something like a board game.  You could ask a patent agent or attorney to be sure, but toy agents are happy to look at such items that are not protected and they (at least the ones we work with) are very ethical and would not steal an idea.

Be sure to also do a good market search to make sure that your game is not already on sale someplace.  Just check stores that carry games and then check the Internet carefully by typing in key words that might describe your game and then following the links to see what is being sold.  Then, check out all catalogs that you can.  Most catalogs are online now, so that search is not so difficult.

I want to create a "new" invention by combining two existing products.  Can I do that if the existing items are protected by patents?

This is a legal question and we are not attorneys so we cannot give you an answer.  You may have a great idea and there may be a way to do it, but you will need to consult with a patent attorney or patent agent to know for sure.  Many patent attorneys and patent agents will give you your first visit free in order to determine if your idea is patentable.  Just call their office and ask the person who answers if that is the policy before scheduling your appointment.

My husband works for a large company that made him sign a contract saying that anything he invents while he works for them belongs to them.  He has invented something that has absolutely nothing to do with his work.  Can we file for a patent listing me as the inventor instead of him?

We are not attorneys but we believe the answer is a resounding NO!  That would be fraud on the patent office.  Please check with an attorney to be sure.  It is our understanding that the patent must list the actual inventor/inventors. 

What do the terms "patent pending" and "patent applied for" mean?

They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public.

Is there any danger that the Patent and Trademark Office will give others information contained in my application while it is pending?

All patent applications are maintained in the strictest confidence for at least 18 months (for international patent applications) and until the patent issues for U.S. patents if the inventor has specifically indicated that he/she does not wish to have it published until it issues. After the patent is issued, however, the Office file containing the application and all correspondence leading up to issuance of the patent is made available in the Files Information Unit for inspection by anyone and copies of these files may be purchased from the Office.

May I write to the Patent and Trademark Office directly about my application after it is filed? 

The Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not correspond with both you and the attorney/agent concerning the merits of your application. All comments concerning your application should be forwarded through your attorney or agent.

Is it necessary to go to the Patent and Trademark Office to transact business concerning patent matters?

No; most business with the Office is conducted by correspondence. Interviews regarding pending applications can be arranged with examiners if necessary, however, and are often helpful.

If two or more persons work together to make an invention, to whom will the patent be granted?

If each had a share in the ideas forming the invention, they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his/her name alone. 

If one person furnishes all of the ideas to make an invention and another employs him or furnishes the money for building and testing the invention, should the patent application be filed by them jointly?

No. The application must be signed by the true inventor, and filed in the Patent and Trademark Office, in the inventors name. This is the person who furnishes the ideas, not the employer or the person who furnishes the money.

Does the Patent and Trademark Office control the fees charged by patent attorneys and agents for their services?

No. This is a matter between you and your patent attorney or agent in which the Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) Patent and Trademark Office prosecution.

Will the Patent and Trademark Office help me to select a patent attorney or agent to make my patent search or to prepare and prosecute my patent application?

No. The Office cannot make this choice for you. However, your own friends or general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients. 

Will the Patent and Trademark Office advise me as to whether a certain patent promotion organization is reliable and trustworthy?

No. The Office has no control over such organizations and does not supply information about them. It is advisable, however, to check on the reputation of invention promotion firms before making any commitments. It is suggested that you obtain this information from the Better Business Bureau of the city in which the organization is located, or from the bureau of commerce and industry or bureau of consumer affairs of the state in which the organization has its place of business. You may also undertake to make sure that you are dealing with reliable people by asking your own patent attorney or agent or by asking others who may know them.

Are there any organizations in my area which can tell me how and where I may be able to obtain assistance in developing and marketing my invention?

Yes. In your own or neighboring communities you may inquire of such organizations as chambers of commerce, and banks. Many communities have locally financed industrial development organizations which can help you locate manufacturers and individuals who might be interested in promoting your idea.

 

TRADEMARKS

Did you trademark the name Ghostline and is a trademark important?

Yes, we did trademark the name Ghostline and it is very important.  Utility patents last for twenty years while trademarks last as long as the mark is in use.  Our license agreement for Ghostline states that the licensee will continue to pay royalty to us, even if the patent has expired, if they continue to use the trademark.  It is unlikely that after twenty years they would be willing to abandon the brand name that they have spent all that time and money establishing in the market.  Trademarked names have equity in the market.

Trademark Information and Help

Need help coming up with a good name for your product? Need help filing for a federal trademark? Trademark Partners can help. They provide trademark research, applications and creative naming. You may reach them at 1-888-TMFORYOU (1-888-863-6796) or Trademark Partners.

Click here for a newspaper article about Trademark Partners!

COPYRIGHTS

I have some written prose with drawings that I would like to copyright but the US Patent and Trademark Office does not deal with copyrights. Where do I go to find information on copyrights and how much they cost?

The Library of Congress is in charge of copyrights. You may contact them at http://www.copyright.gov/. Copyrights are inexpensive and easy to obtain. The cost is only $30 per copyright.

 

MARKETING/LICENSING

How long did it take for you to get your invention on the market?

From the time Mary first dreamed of it until we actually saw it in the stores it was about 2 1/2 years.

If I license my invention, how much royalty can I expect to get?

The percentage of royalty paid to an inventor varies.  The most common percentage is 5%.  That is not a hard and fast rule, however.  Some royalty rates can be as low as 1-2% or as high as 15-20%.  It all depends on the item and the industry.  It also depends on the size of the manufacturer.  Generally, the larger the manufacturer (with market saturating coverage) the lower the percentage of royalty paid to independent inventors.  Often the inventor ends up with about the same amount of money if he/she goes with a smaller manufacturer and a higher percentage rate vs. a larger manufacturer with a lower percentage rate.  It is a personal decision for the inventor to make.

Do you make enough money now that it was worth all the time, trouble and money involved?

Absolutely!  When we were working on developing Ghostline, our first invention, we both had full time jobs but took one day a week to work on Ghostline.  After it was all said and done and we began receiving "mailbox money" (quarterly royalty checks that come to us without any work done by us), we both said, "If we had known how lucrative and how much fun it would be we would have devoted more than one day a week to it so that we could have arrived at this point sooner!"

How did you find the company that licensed your invention?

We went to the library and researched companies that made poster board.  At that time there were only eight to ten of them in the United States.  We sent letters, presentations and samples to all of them because we could not afford to travel to them in person.  Although we identified potential licensing companies while our patent was pending it was not until we sent out a "press release" announcing that we had received notice of allowance of our patent that they took notice.

Should I license my invention, sell it myself or sell it outright to a manufacturer?

That is a very personal decision that each inventor must make for himself/herself.  Based on our experience, we would recommend that you license it.  If we had sold it outright we would have received far less than we have received (and continue to receive) in royalties.  We would discourage inventors from trying to manufacture and sell their product themselves.  It is very rare to find an inventor who has the experience and know how to face the challenges and expenses of advertising, manufacturing and distributing their own product.  In addition, no matter how terrific the invention is, most large retail companies will not buy from "one product vendors" (independent inventors).  Their shelf space is allotted to companies that sell them many products.

How do I find the companies that might want to license my invention and how do I contact them?

The first and probably the easiest way to find a manufacturer is to go to the library and look in a set of books called the Thomas Register.  The librarian can help you to find a list of manufacturers in the United States who manufacture items similar to or at least in the same category as your invention.  You can also find the Thomas Register online at http://www.thomasregister.com .

Another way to find potential manufacturers is to go to the directory of manufacturers http://www.mfginfo.com.

Still another way is to go to stores and look at products that are closest to or more similar to your invention.  Most of the packaging should list the name and address of the manufacturer.

You can use the internet to locate potential manufacturers through the national Yellow Pages or by using key words.  For example, if you have invented a new type of baby swing, use keywords "baby swing," "infant furniture," "baby supplies," "child swing," etc. etc. etc.

Your online patent search can also give you leads to possible licensees.  Look at the patents closest to your invention and get the names and address of companies that are listed as the "Assignee."  Those companies obviously do license inventions.

Another option is to let them find you.  You can do this by listing your invention with services that will post your invention on the Internet for manufacturer to see.  You can find listings for these types of services in a magazine called "Inventors Digest." You can find "Inventors Digest" either on the newsstand or on the Internet at http://www.inventorsdigest.com .  

Finally, you can get help in getting your invention licensed by  enlisting the help of a legitimate product developer.  We can give you references to legitimate agents if we know the category of your invention.

I'm having trouble composing a script to use when I call the presidents of companies that we are interested in to license our product. Our product is called the LeashCatcher and is fully patented and trademarked. It basically is a wristband with a strap attached that opens to allow the end of a leash. When this strap is then closed, a person is able to walk their dog without grasping the end of the leash. It is a hands free method to control your dog while you walk. Our problem is we just don't know what to do to get their attention. Also, should we send them our presentation, which includes pages done using all your helpful hints from your e-book, plus a video, if they show an interest? We have a website and also have been sellling our product in the area for a year, so it seems unnecessary to be secretive. Or, should we just suggest that they access our website and then wait for them to call or write us?

There are a few key points to remember when making appointments with potential licensees.

1. Never call yourselves inventors, call yourselves "Product Developers."
2. Use a company name, if you have one.
2. Call the New Products division of the company. Nurture a relationship with the folks in that department of the company. Hopefully, one of them will decide that your product could be a "feather in their cap" and guide it through the process.
3. Do not give them a detailed description of your product. Just describe how it solves a common problem in a simple and inexpensive way.
4. Request a face-to-face meeting. Schedule the appointment.

It might go something like this:

Greta: Hello, Mr. New Product Head! This is Greta A. with AllGRinns, Inc. We are product developers and we have developed a product that is a perfect match for your company. It is a logical extension to your line of products. And, it's patented! We are looking to license it exclusively to one manufacturer. We'd like to show it to you first.

Mr. New Product Head: You have? What is it?

Greta: It is a simple way to solve a problem common to dog walkers all over the world. It is one of those ideas that you are going to wonder why it hasn't been around before. It is so exciting and perfect for your company that we would like the opportunity to bring it and show it to you. When can we do that?

Mr NPH: Just tell me what it is.

Greta: This products warrants a few minutes of your time. You won't be sorry if you let us come and show you. Your company needs this product. Would next week work for you?

Then, try to nail down the appointment without giving him any more specifics.

If you can get the face-to-face meeting that is best. If you are able to meet with them do not give them your presentation until you are done. You don't want them looking through the presentation rather than looking at you. The presentation is designed to speak in your behalf after you have left or if you are unable to meet with them in person.

It is not really necessary to be secretive but you may generate more interest and get to schedule the in-person meeting if you are a bit coy. Then, at the meeting, tell them about your website.

What if the company I contact insists on knowing what my invention is when I call them?

I have never had one to take that attitude and I have talked with a lot of them. I tell them I have an improved folder or an improved binder, or an improved whatever and they make the appointment. They usually just need to know the specific category of item so that they can have the right vice-presidents in the meeting. The liklihood of their asking more than that is extremely slim. They work with product developers all the time and they know that unless there is already a published patent, they do not want to disclose everything on the phone. I don't think you will have to "dig your heels in", but if you do, you will probably not get the appointment. Remember, at this point they hold all the cards. Tact is the order of the day.

A big company I contacted about possible licensing of my product says they will NOT sign my non-disclosure agreement but say I must sign their submission documents. Must I?

It is not unusual for large companies to refuse to sign your non-disclosure agreement. They will not do so because they will be saying, in effect, that they have never seen your invention idea before. This may not be the case. Your idea may have already been submitted to them by another independent inventor, or their research and development department may be currently developing a product similar to yours or they may have developed such a product in the past. If they were to sign your NDA you could then claim that they had "stolen" your idea when in reality, they had not. As for the submission documents, you will almost certainly be required to fill those out and send to them before your appointment. They may go ahead and set the appointment, but you will have to have those documents back to them before submitting. These big companies are extremely concerned about independent inventors suing them and claiming that the manufacturer stole their invention. These documents are required by them for their self protection against such suits.

Where can I find someone I can trust to help me get my invention patented, protected and marketed?

Although there are many charlatans in the invention promotion business there are legitimate sources of help also.  You must be sure that you are dealing with the later, not the former!  Your local inventors association or club can be a great source of help and encouragement.  You can find a listing for your closest club on the website of the United Inventors Association (http://www.uiausa.org).  Before engaging any company to help you it is wise to check them out thoroughly.  We have a printed copy of a USPTO pamphlet that can help you to identify the scam artists and steer clear of them.  Click on the "Don't be Scammed" link on our home page to view it.

Should I license my invention exclusively to one company or should I license it nonexclusively to several companies?

The main points to keep in mind when securing multiple license agreements is that the royalty rate received from each company is very likely to be significantly less than the percentage you would receive if you had one exclusive licensee.  If you have enough licensees the added distribution could more than make up for accepting a lower percentage of royalty from each company.  Second, it is sometimes more difficult to get a licensee interested in licensing your product if they know that their competitors will have the same opportunity to make and sell the unique feature.  On the other hand, if the feature is something that everyone who makes your type of product will want, it could work.  Many products are licensed to multiple licensees.  The final consideration when licensing nonexclusively is that the burden to enforce the patent will remain with you, the inventor.  Nonexclusive licensees will normally not take on that responsibility.  If you are making enough money from all your licensees you may have the resources to enforce the patent yourself.  Keep in mind that patent infringement lawsuits are very expensive, sometimes running a million dollars or more.

Will most companies sign a non-disclosure agreement?  What if they won't?

MISCELLANEOUS INFORMATION

Do you know of any inventors organizations outside of the U.S.? 

Australia the Inventors Association of Australia, www.inventors.asn.au/

New Zealand Inventors, [email protected]

United Kingdom, www.invent.org.uk

WRTI (http://www.wrti.org.uk) This is a new website for inventors, innovators and entrepreneurs. It provides a comprehensive online source of informationfor inventors, acting as a one stop 'shop' linking to the best related sites.

We do not have any personal association with any of these groups.