Calendar of Inventors
An Inventor’s Guide to Understanding Patents and Copyright Laws
Patents and copyright laws give the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patents and copyright laws are set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright laws protect inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business.
Author: Richard Cunningham
Article Source: http://www.articlesbase.com/law-articles/an-inventors-guide-to-understanding-patents-and-copyright-laws-171668.html
Inventors Officers
Organizations Invention Marketing & licensing for the Inventor
There are a lot of less than forthright organizations that allegedly help individuals sell their inventions to industry. In all my years of working as a patent lawyer, I have never come across a single person who ever used one of these organizations to effectively market or sell their invention. However, I have met several who successfully marketed their inventions themselves.Before you take any steps to market your invention, you should take a few preliminary steps.Preliminary Patent Search – A preliminary patent search is generally a good first step. A preliminary search of various patent offices can be conducted for a reasonable fee (just contact a patent agent/lawyer), and it is even possible to conduct one for free (see the US patent office at http://www.uspto.gov/) Patent Application – Don’t publically disclose your invention until after a patent application is filed. Publically disclosing the invention before filing a patent application can potentially ruin the chances of ever being granted a valid patent. In fact, many Companies will not even talk to you until you have filed a patent application.Prepare a Formal Information Package – You should prepare an informative and concise information package describing you, your invention and the potential market your invention reaches. The package should include color photographs of the invention, and a one page executive summary.Prototype – It is a lot easier to sell a product if potential buyers can see, touch and feel the product. Building a working prototype is often a key step in selling your invention. Of course, some products are difficult to prototype, in which case a non-working mock-up may have to do. In any event, create the most professional prototype or mock-up you can. Obtain Financing – Building prototypes and filing patent applications require funds. Finding that initial start up funding is often difficult; however, there are two tried and true methods, namely partnerships and incorporations. A signed partnership agreement is one way for a few people to pool their financial resources into a project. If several investors are involved, then an incorporated company is a better method. Essentially, the company takes ownership of the invention and the investors contribute money to the company in exchange for shares. The number and price of the shares can be tailored to suit the particular needs of the project. Now that we have dealt with some of the preliminary issues, let us look at the mechanics of selling your invention to a company. The actual steps in the process are as follows:1. Compiling a List of Potential Buyers – Finding a company that is willing to buy the invention is the most challenging part of the process. It begins by generating a list of companies that may be interested in the invention. You can use a business directory to generate that list. Business directories list companies by the products they manufacture (or services they provide) and include basic information about these companies such as their address, phone and fax number, and the name of the president (CEO or owner). Suitable business directories may be found in the business section of the local reference library.2. Contacting Potential Buyers – Your list of potential buyers may include literally hundreds of companies. You simply call up each company on the list and ask them if they would be interested in receiving a solicitation for a new invention. Then get the contact information about who in the company to send your information to. 3. Presenting the Invention to Prospects – After you have thinned out your list, your next step is to submit your information to each of the companies on the list. This may involve calling the people identified to be the “contact” for new product ideas and telling them that you are sending them an information package about your product. Your package should include a cover letter and a one page synopsis of your product (including a picture). The information must be clear, concise and it must appear as professional as possible. Don’t try to overwhelm the recipient – you want to impress them, not burden them.4. Follow Up – Do not expect the prospect to come to a quick decision concerning the invention. It may take a prospect many months (even a year or more) to make up his/her mind on a project. You have to be patient. It is important to periodically follow up with the company but do not “pester” the prospect. Remember, the people considering your invention are probably quite busy with several other projects – annoying them may do little to speed the project up and may cause them to drop the project altogether. 5. Negotiations – If you find a company that is interested in picking up the project, then be ready to negotiate the terms of the sale. The key here is to be reasonable. From my experience, nothing kills off a potential licensing deal faster than an unreasonable inventor. Realistically, the most you are likely to get is a good return on your investment. Asking for a smaller signing fee together with a modest royalty is far more likely to generate a signed agreement than holding out for a big payoff.6. Royalty Amount – I am usually asked the question “how much can I sell my invention for”. I don’t know the answer; however, here are a few rules, which can help you figure out a reasonable royalty rate. First of all, try to negotiate a royalty which is broken down in to two parts, an initial signing payment and an annual royalty payment. The initial payment should cover most of your costs of the project. The annual royalties should represent an amount, which is sufficient to represent a good return on your investment without being a burden on the manufacturer. The general “rule of thumb” is to ask for a small percentage (1% to 5%) of the net sales of the product. It is also possible, and in some cases advisable, to fix the annual royalty payment to an easily calculated amounts (e.g. $1.00 per unit sold).Selling your invention to a manufacturer is possible but it is not easy. How successful are you likely to be? From my experience, individual inventors are far more likely to successfully sell their invention by themselves then by going through some invention promotion organization. Like any business, the chances of success are a function of your determination, knowledge and willingness to take risks.
Author: rajesh
Article Source: http://www.articlesbase.com/business-articles/organizations-invention-marketing-licensing-for-the-inventor-1245742.html
Inventors events
Invention Companies Offer Patent Help…and Other Scams
When I think of an inventor, people like De Vinci ,Ben Franklin, Edison, and Bell come to mind. Now days it seems anyone with an idea is an inventor. Granted, we do have people coming up with marvelous and very creative ideas. We see it all the time on late night info commercials. The reality is that less then 10% of patents even make it to market. I think it’s because most so-called inventors, don’t take the time to investigate if there is even a market for their product. None the less, thousandsof people have ideas that are going to make them rich,and they don’t know where to start.That is where your friendly Invention Company comes to the rescue. The thing is, they all offer legitimate services and have clients who have actually made money. Oh whatmoney you can make too. A license agreement is the Golden Fleece for inventors. Many times a company who likes your idea will pay as much as $100,000 or more, in up-front money. Then the monthly residuals can also be in the thousands. Remember that 10% I talked about,well that pertains to the Invention Companies as well. I’m not going to name names, because most of them operate in the same manner. You can always Google inventioncompanies. I’m sure you will find more than a handful listed. I’m also equally as sure if you go to Rip Off Report you’ll see many of them listed there as well. Almost all of these companiesreel their fish in the same way, with the offer of a free gift or evaluation. THE BAIT Invention Companies don’t want to scare you, so they usually offer to send out the FREE obligatory Invention Kit. It is always presented in a very attractive and professional package. They all send a beautiful brochure, and some even include a CD showing what a great organization you are getting involved with. Of course there is always information on Patent Help. They want to plant that seed of protecting your fantastic idea right away. The other document they enclose is your safe form to submit your idea. (This can also be accomplishedonline through their secure website) It won’t take very long before they contact you, believe me. THE HOOK When they contact you, it is always with good news. Your idea or invention has enormous potential. Before we can move forward however, it must first be determined if there is someone who came up with your idea first. Now it just so happens that they have put together the most efficient team of researchers, so they can keep the cost of a Patent Search very reasonable. The price they charge is somewhere in the neighborhood of $500-$700. Of course once they determine yours is a unique idea, then they will be there to assist you with a Patent. That cost is not quoted of course, because they must do the Patent Search first. THE CATCH For those unsuspecting “inventors” who let them do the Patent Search, the company also offers the complete line of services, designed to take your idea from concept to market. By this time you have fully researched them. Their Brochure has listed the hundreds of manufactures just waiting to buy your product. All we need now is the perfect PROTOTYPE. For only $10,000 to $15,000 of your money, they will design, build, and “market” your brainchild, and take only 10-15% of what you make.The “marketing” consist in most cases, of false promises.The so-called manufacturing contacts, constitutes no more then listing your invention on a website that prospectivebuyers can view. A good prototype will occasionally bepresented at trade shows. Most cases however, sadly end up with a $20,000+ souvenir for their efforts. There are a few Invention Companies that do offer to pay for everything, if your idea or invention is worthy of their investment. Of course they will take a piece of the pie,20-25%.That seems fair. If they’re footing the bill, then they are surly going to do everything to get you that licencing agreement. The “hook” here is that an evaluation must firstbe performed, to determine the validity of your project. That will be priced at about $200. Now if you truly believe yours is the next best thing, this is the way to go. It was for me.I will warn you however, your idea must be marketable to absolutely everyone, or don’t waste your money. I came about 12 points from acceptance, because I was catering to a niche market. A very large niche, but none the less, a niche market. I don’t regret the investment however, I was able to learn a little more about the business. They told meabout the Provisional Patent. Which for only $100 will give you protection for a year. Let the manufacture who buys the idea pay for your real Patent. Something you’ll never hear from those other invention companies. They also guided me in the direction of some website’s that manufactures peruse.Which brings me to this little tip for you. Never send anyone anything original without first doing: A POOR MANS COPYRIGHTIt is something I learned about when I was a young writer submitting television treatments. Any original thought or idea that you come up with, should be protected with this procedure. On paper, write down everything about your idea, including all drawings or plans. Then mail it to yourself as registered mail. It will be timed stamped and dated. Keep it safe because it is considered a legal document, and will hold up in court. Well now that I knew about patent searches, patents, and provisional patents, I thought what else didn’t I have knowledge of. Further research led me to an offer by a very respected inventor. He has dozens of patents, many of which has made him extremely wealthy. For only $350.00 he sends you his system that shows you how to take an idea and market it.The system also includes the inventor as your very own mentor.Believe me, if I spent the $350.00, I would be giving you his name and website right now.But I found something equivalent for a fraction of that cost. Frank Stapleton the co-inventor of the Screensweep, has written an E-Book that tells you everything you need to know. Chances are you have used his invention to clear the dust off your computer monitor. Millions of Screensweeps have been sold since 1998 and are still selling today. His book covers everything, including: * Patent an invention without paying the hefty patenting fees. * How to get your product to market quickly WITHOUT wiping out your entire life savings or mortgaging your home. * The EXACT sequence of events you need to follow to launch your invention idea. Just follow the simple step-by-step flow chart included in the e-book. Please, before doing anything read this book. You can find it at: My recomMANNdations InventorsClick Here I invested almost $200.00 before getting on the right track. I Hope I have helped you to at least understand better, the Invention Company’s game.
Author: Avery Mann
Article Source: http://www.articlesbase.com/ethics-articles/invention-companies-offer-patent-helpand-other-scams-738432.html