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Practical Advice & Links
To Help You Launch Your Idea

     Okay, you have the next greatest idea since sliced bread. It’ll make you a million, pay for your kids’ college and put you on Easy Street. But ... you’ve heard that patents cost thousands of dollars, that more than 90% of patented products never make it to market, that 50% of new businesses fail.

     At the same time, wonderful new products come out and great new companies start every day. Small business is the engine that keeps our economy running. The trick is to keep yourself on the right side of the fence.

     How do you even your odds? By being careful, thorough, and not letting your emotions run away with you.  Answer the following questions and you are on your way.  If you're riding high on your idea and don't want to think about these real world concerns, if you find them discouraging, watch out.  Now is when you need to put your passion aside and take a critical look at your idea.  If entrepreneurship is right for you, consider launching a business based on your idea and go for it.  If not, direct your passion toward developing your idea and start looking for a company you would like to license to.  Evaluate your target companies thoroughly, and go for the royalties.  

Ruthlessly evaluate your product:  will people buy it?  can it turn a profit?
While margins differ by industry, a rule of thumb to get you started is that materials should not exceed 10% of the retail cost.  Wholesale is generally 50% of retail.  You may pay 12-20% of your wholesale price to a sales representative, 20% in materials and manufacturing, perhaps 10% in packaging, leaving you with 50%, or $2.50 for a product that retails at $10, to promote your product, run your business and profit.

Can you finance your venture?
Research and development will cost you hundreds of hours and more dollars; prototypes and molds can be very costly.   Introducing a new product can cost a minimum of $20,000 per year for a couple years.   A small display ad in a local publication may run $1,000, or $5,000 in a national publication.  A trade show or consumer fair can run $1-4,000 to get in the door.  You may have to give up a salary and benefits while paying the standard start-up costs for any business.

Do you have the time?
The "Rule of Seven" states that a customer must be exposed to a product 7 times before he is ready to buy.  Buyers and Sales Reps may want to see you at an annual trade show two or three times before they will buy from you or represent your product.  Can you make it through three or more years without taking an income from your business?

Can you enforce your IP rights?
Patents, trademarks and copyrights are like a "No Trespassing" sign: they don’t protect your Intellectual Property (IP), their enforcement does.

You are responsible for enforcement, and that costs money.

Can you learn to do your own research?
Learn how to do your own research, and bring your findings to a professional.  You will spend hundreds of hours on research. You don't need to write your own patent, but you do need to know what is being talked about. The links below will help to get you started.

Can you determine and obtain the best protection appropriate to your idea?
Some great products don’t warrant protection, some businesses would be gone without it. Many toys enter and leave the market before the patent process could be complete, but where would Coca Cola be without their trade secret recipe? It is your protected IP that you are selling, not your invention per se.

Can you find the best IP attorney and agent in your field?
Find people who have done what you want to do, and ask them for a reference. Be familiar with the language of your field and the Intellectual Property field so that you can converse intelligently. The attorney is essential, and, if you want to license, an agent may be required. Neither is free, but you want to make sure that you get your money's worth.

Do you really want the life of an entrepreneur?.
Long hours, great risk, no paid vacations or holidays, no salary or benefits, often isolated working conditions, being your own boss, building a business, and a chance at the proverbial pot o' gold at the end of the rainbow.

If it sounds too good to be true, it probably is.
If they want money up front, watch out!  If they try to be your friend and ask you to tell them about your idea, don't.

     Keep your idea to yourself.  Don't tell anyone about it (your best friend, your mother, your hair dresser) until you are ready to disclose it publicly or have a secure Non/Disclosure Agreement signed.  You have one year from the date of first public disclosure to the date of your final patent application, and you will need this time to conduct your research and write your patent.
     There are companies that want your idea.  Some are homey and sweet, some are high tech and professional; some are huge, and some are started by people just like you.  Some want to manufacturer your product, some want to represent you.  Before you reveal anything, make sure you have a Non/Disclosure Agreement signed by an authorized agent of that company. 

     If they offer you a Non-Disclosure Agreement (also called a "Disclosure Agreement"in that it authorizes disclosure to the specified party and not to anyone else) that you don't like or is not in your favor, send your own Agreement to them.  Don't give up your rights at this stage hoping to win a great deal; if you can't compromise on a Non-Disclosure Agreement, there is little chance that you will achieve a favorable license or contract.

Inventive Parent Links to Aid Inventors

Franklin Pierce Law Center Intellectual Property Mall 

Franklin Pierce Law Center Intellectual Property Mall  "The IP Mall is an internationally acclaimed IP resource Web site providing information and links to the most valuable online resources in the world. "
InventorEd, Inc InventorEd, Inc.  Directors:  David Pressman, George Margolin, Ronald Riley.   "Our Mission is to give inventors the resources they need to help themselves."   Includes "Inventing for Kids."

Inventor's Digest

Inventor's Digest  "This site is designed for anyone who has ever said, "I've got a great idea . . . Now what do I do?" It's also THE
spot for anyone who's searching for the next HOT product! Check out our magazine site and then follow our links to the wonderful world of invention!"
Inventors' Association of New England Inventors' Association of New England is a group of inventors having a common interest in helping fellow inventors get their inventions moving along the right track. Expert speakers and members are available to provide guidance to inventors in the patent protection area, marketing, product development, prototyping and other topics of interest to inventors.
InventNET InventNET   "Welcome to the first WEB-based inventor's organization. The place where inventors find help.  Patenting Help.  Patent Attorneys Directory.  Forums.   Inventions for Sale.  Useful Links.  Prototype Work  Products & Services."

NOLO

NOLO   "Since 1971 we've published top-quality legal tools to give all Americans affordable legal access. Here you'll find free information on personal, consumer and business law."
United Inventors Association United Inventors Association  "The mission of the UIA is to provide leadership, support, and services to inventor support groups and independent inventors. The Inventors’ Awareness Center is the inventor education and advocacy program of UIA and is presented in detail under the  section “Red Flag Warnings. ”The UIA is sponsored by the Academy of Applied Science."
The United States Copyright Office The United States Copyright Office  General Information, Publications, Legislation, Copyright Office records, International  , Announcements, Links, Fees, What's New, About the Office, Library of Congress
The United States Patent and Trademark Office The United States Patent and Trademark Office  General Info; Patents; Trademarks; Weekly Data; Download Forms; Order Copies; USPTO Fees; PTDLs; Legal Materials; Statistics; Acquisitions; Related Web Sites; Document Formats; The USPTO Bulletin
 

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