WHAT DO I DO WITH MY GREAT IDEA???
By Norman Etkind, Former President, InventVermont
The purpose of this document is to give the new inventor an idea about how
to begin the pursuit of their invention idea. We will deal here with
generalities but you need specific advice on your invention. There is
more than one way to proceed with many of the items discussed in this
document. I am not a lawyer, so this is not legal advice.
InventVermont is a non-profit organization formed by and for inventors.
It offers education, networking and confidential sessions to help you out.
We hope to see you at our meetings.
1)
You have the idea - what is the first thing you do?
a) Write it down. A little pad that you carry with you is very
convenient for this. It is possible to wonder in a little while
what that "great" idea you had was. So, jot it down.
b) Once a week or periodically enter the ideas that you think may
be worthwhile in a bound inventors notebook. The old style
"composition" notebooks are fine for this purpose.
i) Problem/solution format - this works well to describe many
ideas. State a problem and how your idea would solve it.
ii) If appropriate, include a sketch of the idea.
2)
Don't go to the scammers!! The most important advice I can give
a new inventor is not to respond to all those things you hear on
radio and TV that explain how you can make a million dollars by
just giving them a few thousand. Never give any money to any outfit
that advertises that they will develop your invention idea without
checking them out first. In fact, I would suggest that you never
contact them at all until you know if they are legit. They are
experts at talking you into using their services. Most of these
outfits only specialize in developing your money into their money.
3)
Check the idea out.
a) Look for the product on the internet, in stores, in catalogs.
No sense in wasting time developing a product that already
exists. At the same time, it is possible that the way you intend
to make the product work will be a significant improvement over
existing products.
b) Look up the patent on the internet. The US Patent and Trademark
Office site www.uspto.gov is the place to go for this. Also,
there is a Patent and Trademark Depository Library at UVM's
library. There someone can help you search. If you find the
product, it may either be in the public domain (expired patent)
or someone else has rights to it. This may affect how you
proceed. With more than six million patents, chances are that
something like the idea you are developing has already been
patented. Therefore, unless you are working with cutting edge
technology, if you find nothing at all similar to your idea you
may need help with your search.
4)
Get information - - there are tons of information available on the
internet. However, I recommend that you start by obtaining the
book, "Patent it Yourself" by David Pressman. (Although I don't
recommend that most people patent it themselves) This book gives a
very good overview of many of the issues related to patent
development and patenting. Many libraries carry this book and it
is highly regarded by many patent attorneys and agents. Other
places to go for information exist at our "Resources" link on this
web page.
5)
Enter a detailed description of the product idea, as far along as
you have it, in your bound book. Have two people that you trust
witness it, i.e. - "I have read and understood this idea and agree
to keep this information confidential." Then date it and have
them sign it. The date of conception can make a difference if you
later decide to file for a patent.
6)
The rules regarding disclosure and patent rights in the US and
abroad are very complex and confusing. Until you get a handle on
these issues, do not disclose your idea publicly. Keep the key
information about your idea confidential or you will start the
clock ticking on various deadlines for patent filing and may
forego certain foreign filing rights.
7)
Before you spend a lot of time or money proceeding further you
should get a better sense of whether there already is a product
that does what yours will do. You can: (note - do not divulge key
information about how you accomplish the benefits of your
invention without legal advice on how to do this correctly)
a) Go to someone you trust that has knowledge of this field.
b) Go to a store that should carry this product and see if they
think they would like to sell it.
c) Go to trade shows which exhibit the latest products in your
field.
8)
Inexpensively build a "proof of concept" prototype - document it
and have it witnessed.
9)
Keep all records, bills etc.
10)
Perhaps submit a disclosure document to the USPTO. This does
nothing to provide long-term protection but it does require you
to reduce your idea to writing and help establish when you had the
idea.
If you have followed all of these steps and believe more than ever
that you may have a strong potential product you will need help. You
should come to an InventVermont meeting and talk with other inventors
on the best ways to pursue your idea. You may want to take advantage
of our confidential sessions to get feedback on your invention. You
will also get to know people that can help you be successful. See
you there!
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