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« How to Cope with a Dysfunctional Workplace | Main | They Shoot Good Ideas, Don't They? »


October 2, 2007

Patenting & Marketing 101

By Fred White

Having a brilliant new idea isn't enough to "break through," as there is also plenty of hard work required in filing a patent and then selling your product or service. Consider these steps, and your great idea could be the next big thing.

Create and Patent
Assuming you have a brilliant — or at least unique — new idea, you'll want to protect your intellectual property. It's important to note that a patent can be a valuable tool to protect your invention — yet it is not a requirement, nor is it necessarily the first step you should take. Closely evaluate whether you actually need a patent right away or if your money might be better invested in development and manufacture, thus getting a leg up on potential competitors. If you think a patent is necessary immediately, follow these basic steps in acquiring one:

1. Write about your idea, as this forces definition of the invention, its elements and possible invention variations.

2. Ensure your invention is novel by doing your research, searching for similar patents. An invention may legitimately combine pre-existing inventions in a unique way. However, if every element of your invention is disclosed in a single publication, your idea cannot become patented.

3. Choose between a provisional patent or a non-provisional patent application. For the former, it's relatively inexpensive to file, but doing so only "holds your place in line" for up to one year. If you don't file for a non-provisional patent within a year, all your rights to the provisional application will be abandoned.

4. Select between filing the application yourself or using a patent agent/attorney for this purpose. This is a person who has completed the proper technical training to be able to research and examine the invention. A patent agent, who has completed the same training, can also perform this examination, but this person does not hold a law degree, which can come in handy. Some inventors work pro se, by themselves, but with the intricate details involved in the paperwork, legal or agent fees may be well worth it in the end.

5. Seeing as nonprofessionals often file provisional applications, remember that applications must include sufficient detail regarding your invention; this allows those of ordinary skill in the art to practice your invention. Anything absent from a provisional application will not be entitled to protection, so it's better to err on the side of over-inclusiveness.

6. If you have sufficient funds, use professional help to file non-provisional applications, which typically require more work. The application, which costs several hundred dollars itself, has four parts: A) it must state a list of all the similar works that have been patented before it, also known as "prior art"; B) a brief summary of the new invention follows; C) the inventor submits a statement of "preferred embodiment" of his or her work, describing in detail where it can be put to use (If suitable, include numbered drawings to illustrate the mechanisms, processes or procedures needed to practice your invention. Relate the numbers to specific parts in the description.); and D) most important, the inventor must draft detailed claims to his or her work, which defend it in legal terms — the quality and meticulousness of these claims will greatly help the inventor should a court case concerning infringement ever arise.

7. File your patent with the U.S. Patent and Trademark Office.

After you've completed these steps, an examiner will look through your non-provisional application. He or she may ask for clarification or for a narrowing of the scope of protection sought. Remember, there's no guarantee of your getting a patent. The waiting period due to the examination varies depending on the nature of your invention. During the patent pending periods, you may sell or exploit your invention without fear of losing any rights.

Market and Sell
For many inventors — whether hobbyist or serious — the process of getting a product to market does not end at the invention going into production. Assuming you've successfully acquired a patent, marketing your product or service leads to customers.

Just as there are kits to build model aircraft, so too is there a kit for doing your own public relations work. The following are some steps — each of which will require further study — to follow, according to small-biz public relations firm Zable Fisher's 2007 edition of the
Do-It-Yourself Public Relations Kit:

Create a PR plan;
Write winning press releases and pitches;
Create "angles" the media loves;
Use the right format for phone and written publicity pitches – that the media will pay attention to;
Get speaking gigs to promote your business;
Write articles, letters to the editor and op-eds that get published;
Develop successful and profitable e-newsletters;
Use the right format for an online media kit and how to create one;
Prepare yourself with media interview tips that make you look like a pro;
Know why and how you should get involved with non-profits;
Find the best ways to publicize your Web site and increase revenues;
Create, write and promote a blog;
Host special events that lead to increased exposure and business;
Conduct workshops and seminars for profit and for potential new business;
Deal with crisis management situations.

This list serves as a springboard for ideas on getting your new creation "out there." The most demanding part of expediting successful PR campaigns is being creative. Consider Creativity in Public Relations. You'll also need a media list with current contacts, which you can get from Cision or the like.

After you've let the market know about your innovation through the media, you will want to support the marketing message via advertising. To get started, visit WebsiteMarketingPlan.com to learn a bit about writing ad copy. Next, find the best media by considering who the prime potential consumers of your creation are.

"When a product does a job well, it unlocks the potential for marketers to create a purpose brand. It links customers' realization that they need to do a job with a product that was designed to do it," according to MIT Sloan Management Review. "A good purpose brand clarifies which features and functions are relevant to the job and which 'improvements' will prove irrelevant."

One warning: beware of ads offering invention help. Often these companies are expensive and give low quality service, according to the article.

For successful inventors, it takes more than an inventive mind and a creative spirit. It also requires minding your business.


Earlier:

Avoid Dr. Frankenstein's Fate

How a Patent Is Born

Resources

How to Obtain an Invention Patent
WikiHow

USPTO Products and Services 2007 Catalog Price List
U.S. Patent and Trademark Office

Finding the Right Job for Your Product
by Clayton Christensen, Scott Anthony, Gerald Berstell and Denise Nitterhouse
MIT Sloan Management Review, Spring 2007

Revealed: How to Do Your Own Public Relations, Easily and with Little or No Money -- and Skyrocket Your Business
by Margie Zable Fisher
Zable Fisher Public Relations

Public Relations for Dummies
by Eric Yaverbaum, Robert W. Bly, Ilise Benun and Richard Kirshenbaum
Wiley Publishing, May 30, 2006

Writing Effective Do-It-Yourself Advertising Copy
by Mike Brassil
WebSiteMarketingPlan.com

Additional

Clearing Up Some Common Patent Misconceptions
by Joe Lewinski
Lewinski Law Group LLC



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Comment

3 Comments

Greg Thiel said:

How can I print out this COMPLETE article? Repeated attempts have resulted in only the first & last pages being printed.

What do I need to do to have a paper copy of this entire article?

Thanks in advance.

Greg Thiel

October 3, 2007 12:00 PM


IMT said:

That's strange, Greg. Try the "Printer Friendly Version" button at the top right of the page, then print. Let us know if that works for 'ya. Otherwise, we'll take another approach.

We're glad you found the post worthwhile (or at least worth printing!). Cheers.

-David

October 3, 2007 12:14 PM


Cynthia Gallagher said:

I have written 2 patents. The first was completed in October 2002. The second is now pending.

I would highly recommend reading the book, "Patent It Yourself", by David Pressman. I read many books on patents and this one, in my opinion, is the best. Step by step instructions are included, along with the forms necessary.

Good luck,
Cynthia

October 29, 2007 9:45 PM




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