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MenuHow can I get help with a prototype and patents on my idea or inventions?
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If you want help, I can get Marvin Weinberger (founder of patented tools company InnovationFactory.com) on a call - I won't charge extra, since I'll just be facilitating the conversation. Let me know if you want me to set that up.
In terms of prototyping, it depends on the product. If you let me know on the call I'll follow up with resources. For example, if you need a simple, small prototype, you might be able to build it yourself in a local facility (ie: NextFab in Philadelphia). If it's more advanced, there are prototyping resources out there, but they vary based on the type of product.
For simplicity sakes, try Quirky.com
For DIY: first step is being afraid of sharing your ideas. Research has proved that ideas are a revolving cycle among many, before you had it chances are a few people already did and didn't pursue it or failed at it. It seems people don't typically steal ideas, because they are hard to pursue, they don't instantly mean wealth, and thus don't.
But what is guaranteed is that if you don't share your ideas with others, you will too fail in bringing them to life.
Parenting in itself costs a lot of time and money, depending on the idea or "invention" you might better off producing and implementing with a growth hack marketing effort for quick adoption and sales and through sales fund your patenting. Is risky but is often done. First to market goes a long way, sometimes more than parents themselves because a clever firm will always tweak to work around that. - take a what's going on with GoPro right now...
God bless and best of luck!
Humberto Valle
www.unthink.me
This is impossible to answer without more information. Sorry.
I have expertise in both areas, but don't even know the area of technology, team strengths, cash position, etc.
If this is a physical product that you're talking about, for the prototype, hire a mechanical engineer. I know several which specialize in startups and prototyping.
A quality engineer will not only have experience in the processes your product will need to be prototyped AND mass produced, after you have proved your concept, they will be able to provide you with REAL DFM (Design For Manufacturing), a BOM (Bill of Materials) and a PRD (Product Requirements Document).
In other words, everything you need to contact manufacturers and produce your product. Even if you are planning on licensing your idea or just looking for funding, actually knowing a little about how to make your product will go a long way.
Most mechanical engineers know and can present you to independent electrical engineers and other experts to help bring your idea to life.
This does require an investment but, if you have done your preliminary market research you should have a feel if the benefits are worth the risk.
Before even thinking about a patent, consult an IP lawyer. Just Google some in your area and call for an initial interview. You may be surprised to find that maybe you don't need to worry about a patent right away. I've done some eye opening interviews with IP lawyers on this subject.
Ask them the question, "when am I not ready for a patent?"
Here are a few links to articles I've written on both of these subjects...
https://www.aireplastics.com/first-prototype/
https://www.aireplastics.com/how-to-hire-for-engineering-design/
https://www.aireplastics.com/top-10-before-patenting-invention/
I hope these help!
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I have an idea for a simple household kitchen product (under $5). Where can I get good advice on the process of bringing it to market?
Hi! The quick answer is that simple invention ideas are great as they are the fastest and least expensive to develop, yet can still be highly profitable. I run a consumer product firm which has developed hundreds of inventions for home-based inventors or small product firms - Essentially we take it from Idea to Store Shelves. The best advice I can give is to ONLY do what is absolutely required to sell product... There are lots of great services out there that are beneficial; however, if you're on a limited budget, stick to only what is necessary to make a sale, which is: 1. Industrial Design / Engineering, 2. A manufactured sample and a manufacturer who can produce product, and 3. A provisional patent. Essentially what you need is a real, physical, and fully functioning unit of your product, the prices to manufacture that product and a manufacturer who is ready to produce units, and intellectual property protection so that your idea is not stolen. Once you have these 3 items, you can start to present your product to wholesalers, retails, distributors, etc. If someone likes it and the price is reasonable, they can place an order, and your business and dream product starts to grow. From there, there is a whole world of possibilities, but the most important thing for now is to develop your product from 'idea' into 'real'. Whatever you do, do not get caught up in the idea of 'licencing' your idea. An idea is almost impossible to licence unless it is CURRENTLY being manufactured AND being SOLD through stores. If someone or a company says that they will help licence your product idea for royalties, etc., then they should be willing to do that for FREE, no charge, no fees. Many people attempt to charge fees to licence a product idea; however, if you aren't currently selling in stores, it will almost be impossible to get any form of monetary payment, so they usually are just trying to get your fees for their 'marketing' services, which are almost useless for an undeveloped product, and they know this. If you would like more information on some of the details of product development, we have a free Invention Guide on our website, check it out here: http://www.makoinvent.com/free-invention-kit/ Cheers, Kevin Mako President, Mako Invent www.makoinvent.com www.facebook.com/makoinvent www.twitter.com/makoinventKM
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Should I be worried that a potential client wants us to guarantee that we will cover the litigation costs if they are sued for using our software?
I am a patent attorney generally on the patent owner's side. Signing such a clause should make you nervous. You don't want to be responsible for the major company's infringement. The major company is likely getting more benefit out of using your software than your company is making by selling licenses. The previous gentleman's answer is incorrect. Anyone can be sued for patent infringement if they make, sell, or *use* the claimed invention. It depends on the claims in the asserted patent. Based on experience, it's much more likely that the larger entity would be sued for infringement. A patent infringement case could cost anywhere between $350k-$5M+ USD. http://www.cnet.com/news/how-much-is-that-patent-lawsuit-going-to-cost-you/ In order to properly answer your question, I would need to know why you feel it's "very unlikely" that someone would sue the major company for using your software. If the major company won't back down on this provision, the best thing you can do is determine if you need IP (defense) insurance. If a patent attorney determines that it is necessary, raise the price of your license and get IP insurance.AP
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Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.GF
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Can a provisional patent act as a catch-all?
A provisional patent is good for two things. It is a date-stamped proof of invention and gives you time to determine whether to incur the cost of filing a full patent. Yes, so long as the individual component pieces you think are useful are sufficiently described in detail within the one general application, it sets you up to later claim utility patents for any and all of these, providing they really are unique. But in general, I would really caution you from spending time and money to file patents for a software company. I've built many innovative software products over 20 years of work in our industry and only filed one patent in my life, and even that patent is only to protect people from abusing a truly transformative and world-changing technology. That said, a provisional patent is inexpensive and if any expense is going to be incurred here, a catch-all is sufficient if you feel inclined to file anything at all. If your goal is an acquihire or acquisition, utility patents do actually make a difference in the acquirers valuation (at least for now) but if you're thinking about it from an actual defensive perspective, I'd really advise that it's not worth your time (and distraction) and money. The best defence is a great offence. Scale up, get great engagement from users who love your product and you'll be in a much stronger to fight competitors. Lastly, if you do decide to file a provisional patent, don't claim to anyone that you have I.P. You don't. :) Happy to talk through this in a call with you. Best of luck!TW
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Below is a link to a resource I provide my investors. The 50 questions are specific to product design/development but the 15 categories are questions that apply to any industry. If you can answer these questions about your deal you will have gone a long way to avoiding the common pitfalls in the product commercialization process. http://www.jaredjoyce.com/freetreats/50questions.pdf Once you have answered the questions for your deal if you'd like to call me I can evaluate your answers, educate you on what strategies are available that would be the best fit for you, and then help you execute your strategy.JJ
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