Introductory

"73% of inventions starting new industries
come from independent inventors."

Dear friend.

Here's a general instruction and basic information at the idea implementing process:

1. Make certain that your idea is new, and do your homework (patent search);

2. Record your invention to have a proof of ownership (register your idea);

3. What’s your idea’s market value? (test your idea);

4. Marketing of your idea. Manufacturing, ad and sales campaign (run your idea);

5. File the non-provisional (utility, design, plant) patent, and, if necessary, trademark the name of your product;

Every step is important, takes its time and normal course. We want to draw your special attention on one of the most major steps - testing and marketing - which needs your enormous passion and consistency.

To get a proper look at each step please keep on reading a "Workshop" topic section. For the better results combine workshop's every step theory with practical benefits of its comments; and upon accomplishing each step - leave your story, - every experience and feedback counts and make us more efficient!

1. Patent Search

Patent Search is a process of making sure that your invention is unique, and one of the first things an inventor has to think about before registering his idea. (For trademark search – see the instruction below, in the trademark section).

Instructions:

Let’s start simple: make a list of all possible titles and descriptions of your invention, and use search engines (yahoo.com or google.com) for any matches. The thing is your invention could be in stores already, you just might not know about that.

If nothing’s found, we need to search Patent Database. We recommend to follow next steps to get a proper understanding.
Ok, for example, we have our idea for Essential Oiled Bracelet, that’s how we do it – go to USPTO Database http://patft.uspto.gov, click on “Quick Search” under ‘Issued Patents’, enter “bracelet” for Term1 and choose ‘title’ in Field1, and click “search” button. We have a list of results for different bracelet, and need to find the closest one to ours – so we choose ‘perfume bracelet’, clicking on it and find that its US Classification is D11/4 (usually below is shown the information which classifications were patent searched for that particular patent – that could be used for advanced searching later). Now we start it all over, and now instead of title enter prime classification number “D11/4” for the Term 1 and Field1 is “Current US Classification”. We have 191 results, every result we have to review carefully to be sure none of them match my invention. If none, just in case check other classifications for advance search. Then we do all the same for “Essential Oil” as a Term1, and so on. Upon accomplishing patent search make a detailed report of your search results for further references.

Good patent-search results gives you about 80-90% guarantee that official patent search will be successful; if you find something similar to your invention – think how can you make your invention different? Can you improve it – make it less, bigger, change shape, sizes, colors..?

If you want to be confident that your idea is unique and completely new before doing any further moves, we recommend you to use patent search services for independent inventors, such as www.internationalpatentsearch.com. Prior to that make an accurate record of your invention as a proof of ownership (see next chapter for details).

2. Register Your Idea

So, you did all necessary search and didn’t find anything similar to your invention… What’s next? Before you start reading instructions, please watch a video presented by US Patent and Trademark Office:

https://uspto.connectsolutions.com/conceptprotection/

Ok, now first of all you should find out what kind of invention you have: patent, trademark or copyright. All the answers you’ll get on USPTO (US Patent and Trademark Office) web-site, use link http://www.uspto.gov/web/offices/com/iip/index.htm

Here is your step-by-step instruction:

If you have a patent (utility patent - any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; there is also a design patent – the appearance of the product, - description you find below), to register your idea means to have proven dated records of your idea title and description (as USPTO recommends – made in the notebook with consecutively numbered pages), witnessed by any person you know (wife, friend, neighbor) and/or to file a provisional patent application with Patent and Trademark Office(all forms could be found on USPTO web-site http://www.uspto.gov/web/forms/index.html#patent ); if outside of US - contact local PTO). I recommend to do both. And that’s basically the only things you have to do before speak to anyone about your idea. Let’s do it step-by-step:

· Come up with the title of your invention, if there is nothing similar on the market - be advised to trademark the name later (see below how-to).

· Write a comprehensive description of your idea, including your idea’s purpose, all possible variations in forms, sizes, colors, actions and so on, on the letter-size paper. This description will be attached to the application form.

· In most cases you need to attach drawings of your invention; if you can’t draw it yourself, be cautious when asking somebody else for it. The drawings don’t have to be professionally drawn but it has to be clear what it shows. Check www.google.com/patents for sample patent drawings.

· Also there is an option for you to attach CD(s) with other descriptions of your idea, - you can record an audio, video or any other files which give more information about your invention.

· Filing fee for provisional patent filing is $220 or $110 for small entity (for latest filing fees check http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm ). All independent inventors can claim for small entity. Get more info what’s “small entity” in Consolidated Patent Rules Brochure, part 1.27. Use check, money order or credit card (credit card payment form is on http://www.uspto.gov/); making payment by credit card is preferable and more secure, more over you know right away that the filing fee is charged and you may start testing and marketing).

· Now fill up the Provisional Application Form (PTO/SB/16). Detailed check-list as well as mailing address are here http://www.uspto.gov/web/offices/pac/provapp.htm, use a large envelope for mailing.

· Usually it takes 3-6 weeks for USPTO to process, and they will send you a filing receipt with your invention’s application number and filing date. Starting this date you have 12 months to massively expose your idea to the market, find interesting parties, and start filing non-provisional patent application. This 12-months period your invention has a patent-pending status.

· As it was said there is also a design patent (e.g. design of speakers, cars, music players and so on) – the answers are here - http://www.uspto.gov/web/offices/pac/design/index.html#def. For the latest filing fee check USPTO fee page. Recommendation - be sure that the drawings and/or photographs are high-quality and in high-resolutions. The form for design patent is the same as for utility patent (PTO/SB/01).

If you have a trademark (a name, word, phrase, logo, symbol, design, image, or a combination of these elements), take a look at the basic questions link http://www.uspto.gov/web/offices/tac/doc/basic/ . As with patents, keep the records of your trademark filed up, dated and witnessed, before giving them to graphic designers. Trademarks could be filed online(http://www.uspto.gov/teas/index.html ), but before you start, here is few recommendations:

· USPTO takes a filing fee (check latest ones on http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm, scroll to trademark fees) for trademark processing anyway, and it is your homework to do to be sure that your trademark doesn’t conflict (or make a likelihood of confusion, as they say) with already existing or pending trademarks. Use Trademark Electronic Search System first: http://www.uspto.gov/main/trademarks.htm (find a “search” link in the “What you can do online” section); also do necessary research in the internet to avoid paying a filing fee to be refused in registration.

· Also, it’s a special requirement for the image of your trademark which you have to upload while applying online. All helpful info is here http://teasplus.uspto.gov/TeasPlus/view/FTK/teahelp.htm#JPGimageFile

· Check-list before you start online application: http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm and for more details go to http://teasplus.uspto.gov/plushelp.html#Rule222%28a%29

· “New Trademark” application page (http://www.uspto.gov/teas/teasplus.htm ) will ask you which type of application you are going to use. If you have all the items from the above trademark check-list (rule 2.22(a) link) – choose less pricy TEAS Plus Form. Follow the questionnaire, and get your trademark registered!

Also, here is some helpful links concerning trademarks: 1. Trademark manual of examining procedure - http://tess2.uspto.gov/tmdb/tmep/, 2. How to do USPTO code trademarks - http://tess2.uspto.gov/tmdb/dscm/index.htm , 3. Trademark and Patent Catalogs -

http://www.uspto.gov/web/offices/ac/ido/oeip/catalog/index.html

If you have a copyright, all basic information you will find on their web-site http://www.copyright.gov/ . If you are an author of any musical, literary, artistic or some other intellectual work, this link will answer all of your questions. As Copyright Office answers on the question: “Do I have to register with your office to be protected?” – “No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work”. So it’s your choice to file copyright. Information about filing a copyright application online is in the tutorial http://www.copyright.gov/eco/eco-tutorial.pdf . For specific questions go to http://www.copyright.gov/help/faq/

Online application fee is $35, regular application fee is $45. It takes up to 8-10 months to process (online applications – much faster).

Dear Inventors! Please let me know if any web-links are not working or sending you to wrong pages. Also, the purpose of the tutorial is to give the you a general understanding of the invention process, not to provide a legal advice.

3. Test Your Idea.

Now, when your idea is protected you can publish it on IIP-Database. How can you test an idea using our database? Very simple.

First of all, lots of inventors, entrepreneurs, innovation specialists are browsing our database every once in a while, and when they are trying to figure out more about your idea, they ask questions. The more questions you get the more interest your idea emit the more precise information you can gather about different fields your idea can be useful in.
Second, build a list of every possible company from the appropriate industry your invention is from, and e-mail a brief description with cover letter along with the link to your idea's IIP-page(template letter is here).

Also, here is some general testing information:
to test your idea means to find the answers on questions every entrepreneur or company would ask you within first three minutes of your first conversation – what is your idea's demand, what's the competition in its industry, and what's your idea's profitability. The info about first two questions we recommend you to check via search engines, for example Google. Make a list of 5-10 descriptive words of your idea (or product), get more of them on get-keyword-ideas link https://adwords.google.com/select/KeywordToolExternal?defaultView=2; check the demand - it's the amount of online search queries; then for every appropriate keyword check the pay-per-click price at http://adwords.google.com/select/Login under Costs and Payment section; the higher price – the more competition. Now, let's find the profitability: using search engines, review first 10-15 search results, and check the products’ prices and services; then, contact local manufacturers (e.g. www.thomasnet.com), discuss the prices on your product’s manufacturing, multiply by 8-15 times (depends on your product’s price, ad campaign cost, competition), - and now compare your result with similar products’ retail prices. If the numbers say a promising all-right, go on further! Use that statistics and costs to show the potential of your product to possible distributor(s)...

4. Marketing of Your Idea

To expose your idea correctly, to give other people a proper look of your idea's content and functions – that's what makes you and your idea successful.

Now when you see all the positive feedbacks about your future product by testing it, it's time to dress your idea up a little. Order good drawings to design studio or artist, write a comprehensive and strong description with all possible details (check some of the patents' description at www.google.com/patents), and republish it with a new look again in IIP-Database.

Since marketing is everything for inventors, here is few major books about the world of marketing:

1. Seth Godin’s “Tribes” and "Purple Cow"(check preview of the first one at http://www.changethis.com/50.01.Tribes, article with the name “How to sell a book…”). Short and powerful book.

2. Malcolm Gladwell's "The Tipping Point". How marketing works, what is behind great products and services - are all there.

3. David Scott's “New Rules of Marketing and PR” (preview http://www.davidmeermanscott.com/documents/New_Rules_of_PR.pdf). Also, check David's web-blog www.webinknow.com.

5. Non-provisional Patent Filing Process

Whether you found partners for your project, or a company who is willing to manufacture and sell your product (in other words your idea found its market niche and demand) – now you should file a non-provisional patent application for your invention. At most cases we recommend to use patent-attorneys’ service (check USPTO for approved attorneys in your area). If you are self-confident and want to file it yourself – we want to give you some tips on that: 1) utility patent application form and all appropriate fees – are on USPTO web-site; 2) check google.com/patents for the samples of patent drawings and descriptions for the same type of product; 3) we highly recommend you to visit legal patent attorney for the final approval of your work. Good luck!