Like the comments above have stressed, FIRST get your invention to the
?file? stage of patenting before you do anything else. Only trust your
patent agent and you and then have doubts about yourself. If it can be
proved that you have mentioned it to your next door neighbour or the
guys down at the bar, then the information is in the public arena and
you don?t get your patent.
Decide what your ?inventive step? is; the essential thing that makes
yours different from everybody else?s. Sometimes this is not as easy
as it sounds.
A major city library should have a comprehensive patent library so you
can search out the ?Prior Art? (you can?t patent anything that has
already been invented). A recognised patent agent will be able to
check it out quicker. Ring one up in your nearest town and ask how
much it costs to do a prior art check?
After the patent has been ?Filed?, the inventive step has been defined
and published in an initial form and you are protected. You then have
a year or more to refine the design, without altering the inventive
step and to decide if you want a country specific patent or a world
wide patent (more expensive). Note that not every country in the world
is part of the International Patent Convention; some countries have to
be added one at a time if these are of particular interest to you.
When you have your patent, you then have to decide if you have the
capacity to manufacture it yourself in the volume you need. Other
options are to subcontract the manufacturing or licensing the patent
to somebody already in that particular market.
Subcontracting means that the manufacturer takes his cut so you get
less but you don?t have the cost of setting up a plant and then
spending each weekend wondering how many of your workers you are going
to see on Monday morning.
Licensing means that you come to a commercial agreement with somebody
already in that field or a closely allied field to manufacture and
sell your product, and this can be on a multiple or exclusive basis.
You would normally expect such an agreement to reimburse you for your
costs so far, plus a lump on top, plus a kickback on a per piece sold
basis.
One or two points on choosing a licensee: Don?t go to the market
leader in the field. They will be very nice to you, they will blow
sunshine up your butt about market penetration, they will buy your
invention and then bury it. They are already the market leader so what
have they got to loose. Instead go to No?s 3; 4 or 5 on the list, they
are the ones who are after the number one position and you could just
be the person who gives it to them.
Don?t forget to include a minimum yearly off take in the agreement. An
amount you will be paid even if they don?t sell one piece, and make
sure it is a reasonable quantity that increases annually.
Go around your local baby goods shop for ideas on people who might
want to manufacture. Maybe the ones who make baby beds or security
stair gates could be the ones. Don?t overlook the obvious, If it is a
baby car seat then what about the people who make the regular seats
for cars. Go around your local car accessory shop for ideas.
Hope that all of this was helpful to you.
Capitaineformidable. |
