Intellectual Property Law
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Converting Your Inventions
To Dollars And Cents
How often have you felt you had a great invention
that was just what the world was waiting for.
Unfortunately, many would-be entrepreneurs
are under the illusion that that is all they need
for someone to beat a path to their doorstep,
big check in hand.
If only it were that easy!
Turning your invention into dollars and cents
requires an understanding of the process,
as well as perseverance and patience
in dealing with the many challenges
that stand between you and potential financial reward.
The average entrepreneur usually
does not think about what is really necessary
to make their invention a commercial success.
As a result, their great ideas often fizzle
before they ever have a chance
to get to the marketplace.
Some common mistakes that typically doom an invention
to failure are the following:
- Trying to make and market the invention yourself.
Unless you are very familiar
with commercial manufacturing and distribution operations,
this will often be over the head of the average inventor.
Also, the investment required for "do it yourself" businesses
of this type can be daunting and difficult to obtain.
- Use an invention marketing outfit.
While there are undoubtedly some reputable ones,
most invention marketing outfits
are "scam and sham" operations.
They frequently ask for many thousand dollars up front
to conduct a "marketing evaluation" on your invention
that often proves deceptive and worthless.
- Submit your invention to a large company.
Most large companies refer
to these submissions as "unsolicited ideas"
and as the name suggests,
they usually view them as unwelcome intrusions.
The inherent bureaucracy of the large company
and the fact that they usually have their own R&D department
greatly decrease the chance
of them being interested in your invention.
So how should you go about converting your invention
to dollars and cents?
The most likely route to success
is to get a smaller company interested in your invention
and to license your rights in it to them.
In doing so, you need to consider the following
if you are to profit from your invention:
- Evaluate the marketability of your invention accurately.
This is an important initial step
and too often overlooked by the average inventor.
You need to do some basic market research on your invention,
including what others have previously done that is similar.
What others have previously done
is commonly referred to as "prior art"
and will determine whether you have a big idea,
a modest idea or no idea.
If it turns out to be the latter,
you may be better off looking for
a different invention to exploit.
- Protect your invention appropriately.
Most companies, including small ones,
may not want to talk to you about your invention
unless you have some form of "exclusivity" in it.
This usually means getting a patent (or patents)
that provides defensible and adequate coverage
on your invention, including alternative uses for it.
Just being able to say that you have applied for the patent
may make the difference between getting your foot in the door
and having it slammed in your face.
You should also not forget about copyright,
trademark and trade secret rights
that might be available to protect your invention.
- Find the "right" small company.
What you are looking for here is a company
(preferably under 100 employees)
whose line of business is a potential fit for your invention.
Again, you will have to do some research
to find the "right" company
(and probably several "right" companies)
that might be interested in your invention.
In this regard, the local chamber of commerce
often provides information on companies,
including their size, annual sales, key employees
and types of business they are engaged in,
that can be extremely useful.
Some chambers even post this information
on their Web sites so that your can search for it
over the Internet.
- License your invention for a running royalty.
Some companies will want to license your invention
for one upfront, "lump sum" payment.
However, unless this upfront payment
is fairly generous,
you should favor a running royalty
that is paid over time.
This royalty will be based on a percentage
(called the "royalty rate")
that is tied to the dollar (or number) of sales
of the product that uses your invention.
This will allow you to reap
the appropriate financial reward
if your invention does become a commercial success.
Determination of the royalty rate
can vary from business to business,
and will frequently depend on the profit margin
for that business.
Usually, the higher the profit margin,
the higher the royalty rate you can ask for.
- See if you can license your invention
to more than one business.
Some companies will want you to agree
to an "exclusive" license with them.
This means you will be unable
to license your invention to others.
While an exclusive license may be fine
if you get the right kind of royalty,
you will frequently be better off
granting only a nonexclusive license.
This is especially true
if there are multiple uses
for you invention
(or more than one line of business
that can use your invention),
provided you have protected these other uses (see 2 above).
Indeed, an exclusive license might make more sense
if you can restrict it to one use or line of business
(commonly called a "field of use" license),
reserving to yourself the ability
to license the invention in other fields.
- Provide "know-how" on your invention.
Many companies are looking not only
for rights in your invention,
but also for some help on how
to develop, make or market it.
You can greatly increase the value of your invention
by being able to provide such "know-how."
Indeed, you may be able to get additional revenue
by arranging to consult with the company
to whom you have licensed your invention
to help them exploit it.
The great inventor Thomas Edison
once said that invention
was 10% inspiration and 90% perspiration.
Even after following the above advice,
you will perspire a lot trying
to get others interested in your invention
so that you can profit from it.
However, the reward can be great
if you do your homework, and are patient and knowledgeable
in pursuing the "right" license with the "right" company.
You may even find you enjoy the process
of converting your invention to dollars and cents.
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