A big thank you to all who have written me with questions and
comments. Your letters help me focus my column on topics that are
of interest to many: patents, resources, common mistakes,
networking and so on. So here are answers to some of your most
frequently asked questions.
Q. I need a patent attorney I can trust. How can I find
one?
A. Finding a qualified patent attorney is no easy task. I
should know; I've used several. My best advice is to get
referrals from other businesses and through local or state bar
associations. Then ask the potential patent attorney the following
questions:
- How long have you been practicing? (Look for three-plus
years.)
- Who are some of your clients?
- Do you have technical expertise in the area of my invention?
(For instance, if your invention is electrical, your patent
attorney should have an electrical engineering degree.)
- How many applications have you filed in the past three years?
(Look for 30-plus applications or around a dozen a year.)
- What has been your cost range for the last 10 applications you
filed?
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Q. Where can I get answers to simple patent and trademark
questions?
A. The U.S. Patent and Trademark Office in Washington,
DC, has set up an automated message system to answer basic
questions about patents and trademarks. There is also an option
that allows you to speak to a person if you need additional
assistance. That number is (800) 786-9199.
Q. Where can I find a mentor?
A. I am a big fan of a nonprofit organization funded by
the Small Business Administration (SBA) called SCORE (Service Corps
of Retired Executives). Made up of more than 12,000 volunteers who
are seasoned executives, this resource has a wealth of information
to share with both start-up and established small businesses. For
the SCORE office nearest you, contact the national SCORE office in
Washington, DC, at (800) 634-0245.
Q. How can I tell if a company I'm considering doing
business with is honest?
A. The unfortunate answer is there's no one right
way. However, I have found that dealing with a company or person
who has been in the business for a long time can be a safe
choice--it's a pretty good bet that if they've been around
for a while, they're legitimate. They can also assist you in
getting a product to market. As an example, one person I have done
business with was well-established with material suppliers. Using
his name, I was able to quickly establish credit and procure a
better price for my materials.
Q. What are the most common mistakes you see first-time
entrepreneurs make?
A. Budding entrepreneurs frequently make three
mistakes:
1. Quitting their jobs too soon. That job is your
financial safety net. Work on your idea after hours, use vacation
days when free time is needed during the workweek, and look into
flex-time options at your job. Hold on to your job (and the cash
flow) for as long as possible.
2. Hiring employees too soon. It always feels like you
need help in the beginning, and you may. However, employees are
expensive and come with a range of responsibilities such as
benefits, taxes and so on. At the start, try doing most tasks
yourself (you'll need to know how to do these things anyway),
then try enlisting family and friends who might be willing to work
without pay for a while.
3. Renting office space too soon. Rent is expensive
overhead, and you're often required to sign up for a long-term
lease. Instead, try to work out of your home if possible. Garages,
attics, basements and even closets can become makeshift corporate
headquarters early on. You'll also have the advantage of no
commute.
Q. How do I find manufacturers to help me with my
idea?
A. A great resource for locating manufacturers is the
Thomas Register of American Manufacturers (Thomas Publishing
Co.). This multivolume guide lists almost every manufacturer in the
United States. You can find the Thomas Register in most
public libraries, or you can buy it ($240, cloth; $395, CD-ROM).
Recently, the Thomas Register went on the Internet; access
it free of charge at http://thomasregister.com . A word
of caution, however: This resource simply gives you a listing of
companies; no checking has been done to ensure the reputability of
the manufacturers.
Q. Are there any inventors' associations or
groups?
A. The Inventors Awareness Group Inc. and the United
Inventors Association of the USA are two nonprofit organizations
that publish newsletters, maintain information on inventor
resources, and promote awareness of fraudulent invention marketing
companies. For more information, contact the Inventors Awareness
Group at (413) 568-5561 or the United Inventors Association at
(716) 359-9310.
Q. Who has been issued the most patents in the United
States?
A. Here is a list of the top 10 companies receiving
assigned U.S. patents last year, according to the Intellectual
Property Owners association.
1. IBM 1,867
2. Canon K.K. 1,541
3. Motorola Inc. 1,064
4. NEC Corp. 1,043
5. Hitachi Ltd. 963
6. Mitsubishi Denki K.K. 934
7. Toshiba Corp. 914
8. Fujitsu Ltd. 869
9. Sony Corp. 855
10. Matsushita Co. Ltd. 841
Q. How do I find out what federal laws and regulations I must
comply with?
A. This is a great question because the responsibility to
know the laws and regulations that govern your particular industry
rests on your shoulders; you can't use ignorance as your
defense if you don't comply. The SBA's Office of Advocacy
can help you out of this bind. By calling (202) 205-6532, you can
speak to a person about federal laws and regulations in your
industry. There are even attorneys available for you to speak with
if you need specific information.
Q. How do I find someone to make a prototype of my
idea?
A. If you can't make your own prototype, there are
people who can help. First, look in your local Yellow Pages under
model makers, industrial designers, machine shops, prototype
experts and product development companies. Call them until you find
someone familiar with your industry who has worked with the
materials with which you want the prototype made. These experts
should have a portfolio of prototypes or be able to refer you to
examples. I always suggest interviewing these people in person. You
will be working with them very closely, so you need to have
compatible personalities. Plus, it provides you with an opportunity
to see their facilities and the tools they use. You can get an
indication of their actual abilities from looking around.
However, I advocate making your own prototypes. The exercise is
an education, and the experience is greatly rewarding. And making
prototypes is really not that hard. I had an idea that required an
engine to work under water. I didn't build the engine; I went
to a pool accessory store and bought a toy that worked in the
water. You know your idea better than anyone. If at all possible,
try to develop it yourself.
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