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We Have Met The Enemy...1997 TEN article by Robert Platt Bell, a registered patent attorney, website robertplattbell.com, reprinted with permission from the Inventor-Assistance Program News, a publication formerly sponsored by DOE and NIST. In the old Pogo cartoon strip, the lead character has a line, "We have met the enemy and he is us". No greater sentiment could be applied to the solo inventor. It is unfortunate, but among many solo inventors there is a great mistrust in dealing with corporations or licensees. Moreover, folklore abounds with stories of "greedy big companies" lying in wait to steal ideas from the poor solo inventor. Actually, most big companies don't want anything to do with solo inventors! I represent a number of solo inventors and small companies. It is heartbreaking for me to watch these individuals, after years of hard work, destroy wonderful opportunities through mistrust, greed, and plain old orneriness. My first experience in dealing with a solo inventor occurred when I was an engineer for a large air-conditioning manufacturer. A solo inventor sent us, unsolicited, a design for an electronic thermostat that he wished to license. We tested the thermostat and were enthusiastic. Our competitor was hitting us over the head with their new design and our model was still on the drawing board, two years from production. Marketing believed that licensing the solo inventor's design would be a quick and easy way to bring a product to market as a stopgap measure until out own design was developed. Unfortunately, the inventor, sensing interest in his design, quickly changed his terms and pricing for a license. He felt that if we were so interested in his design, his initial asking price must have been way too low. Despite the fact his invention was protected by patents, he was also very secretive about how the invention worked, refusing to show us schematics of the invention and grinding the chip numbers off the prototypes he shipped to us. After a few months of this, even the most enthusiastic advocate in the marketing department gave up. We would lose market share and wait until our own design was ready. A great opportunity for both inventor and company was lost. My initial experience was not an isolated one, unfortunately. I'm sure you've head of Robert Kearns, "the windshield wiper guy". Kearns will tell anyone who will listen how he has been screwed out of his invention by the big car companies. Unfortunately, the reverse is true. Kearns was offered almost $30 million for his investment in the 1970's, only to turn it down, insisting that the car companies buy his invention directly from him. After years of tedious litigation, a failed marriage, and a mental breakdown, Kearns has finally won less than half of the original amount, most of which will go to lawyer's fees. It is very unfortunate, as Kearns perpetuates the myth of the big corporation being out to "get" the little guy. Worse yet, inventors such as Kearns convince many corporations to adopt an "NIH" (Not Invented Here) policy with regard to outside inventions. The tragedy of Kearns is that he has fought so long for what he believed are the rights of the little guy -- while his battle has actually harmed the chances of solo inventors in the future. Please don't do us any more "favors", Mr. Kearns! A good friend of mine recently took a job as corporate patent counsel for a large sporting goods company. He has tried, mostly in vain, to get outside ideas submitted by solo inventors considered by the company. His biggest obstacle? Not management... Not the engineers... The inventors themselves! Many inventors who have very good ideas fall into the same trap of mistrust and vacillation. If the company expresses an interest in the invention, the inventor immediately thinks that the company is going to "screw" him. Eventually, management gets frustrated and drops the idea. A client of mine recently marketed his idea and received a very positive response from a large manufacturing concern. In addition to flying him coast-to-coast for in-person meetings (at their expense), they paid him thousands of dollars for an evaluation prototype. "Great work!", I told him. "Naw, they are just screwing me. They'll make all the big money!" The same sad story. After the inventor changed his terms several times and attempted to "control" the invention by withholding the one working piece as "proprietary", the company lost interest. Why do inventors engage in such self-destructive behavior? I believe the answer lies in several areas:
While it is true that it is difficult to license or sell ideas to a large company, it can be done. I have interviewed a number of successful inventors and they have given me the following hints:
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