Before you spend big bucks developing your invention, hire a patent attorney to conduct a patent search and determine if any ideas are strikingly similar to yours. When you're looking for a good candidate, Higgins recommends seeking someone with experience in your area of business.
Once you've determined that no one else holds the patent to your idea, you can work with your attorney to file your patent, which can cost anywhere from a few thousand to tens of thousands of dollars, depending on how involved your attorney gets in helping you develop a strategic plan for protecting your patent. Remember, though, that if someone else had the idea within the year before you filed, even a patent that looks like a done deal can be invalid.
"A good patent lawyer will take an invention and make it into a story, which is easier to sell to the patent examiner," says Higgins. "Your lawyer should be able to take the patent and understand the industry enough to talk about the problems that it solves in an eloquent manner, so the examiner says ‘That's smart.'"
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If your patent search unearths an invention similar to yours, don't despair. Some savvy entrepreneurs simply acquire existing patents. David Duley, 31, had an idea for an escape ladder that could be easily stowed beneath upstairs windows. A patent search revealed a similar device had been registered. Duley negotiated to buy the patent from the patent holder for an undisclosed amount.
"Roughly 85 percent to 90 percent of patents are never developed," Duley says. "There's a huge wealth of intellectual property, and sometimes it's quicker to just buy the patent than to wait the two- or three-year window that it takes to get a patent approved." Duley suggests that entrepreneurs go to www.uspto.gov to see what patents are already out there.
4. Strategize
When Michael Willner, 50, thought about how he could be more productive on a PDA, he realized those tiny keys weren't going to cut it. He came up with an idea for a handheld keyboard shaped like a game controller called the AlphaGrip. It was infinitely more portable than a full-size keyboard and would allow people to type up to 70 words per minute from virtually anywhere.
After a few promising leads, Willner and his partner, Scott Arnel, 49, found that initial interest in licensing the product had evaporated. It took 30 to 60 hours of practice to become proficient on the newfangled input device, and tech companies were nervous that the learning curve would scare off customers. So Willner and Arnel decided to bring the product to market themselves.
Debelak points to three paths inventors can take to bring their products to market. Licensing your product, as Shengle and Beltezore did, means you give another company the right to produce the product for you, paying you royalties on what they sell. Another option, he says, is to become an outsource entrepreneur, where you handle the R&D of the product but outsource the manufacturing and marketing to investing partners, who then have some control over the idea and receive a larger share of profits. Or you can manage the entire process, starting your own company to do so, as Willner and Arnel did when they founded AlphaGrip Inc. So far, they've invested about 10 years and $700,000 in the product.
5. Prototype
One way or another, you're going to eventually have to show people what you're so excited about. Sometimes diagrams and sketches will do the trick, but more often, you're going to need to invest in making a prototype.
A prototype is a sample used to demonstrate the product, as well as impress investors and determine manufacturing specifications. Shengle and Beltezore put a lot of thought into the Kool Dogz prototype--even such a seemingly simple product had myriad details to be considered.
"The plate had to be deep enough to hold water and be big enough for the dogs to drink out of," Shengle says. "It had to be made of stainless [steel], because if it was plastic, dogs might chew it. Even the piece where it is anchored had to be just right." Some industrial design firms and small manufacturers can create prototypes. You may find leads from your patent attorney or from your local inventor's club. Higgins recommends having prospective prototype-makers sign nondisclosure agreements. That gives you a layer of protection against them stealing your idea or sharing it with a competitor.
6. Produce
If you're licensing your idea, production probably won't be much of an issue for you, since your licensee will handle the actual making of the product. However, if you're handling production yourself, you need to make sure to find good partners.
Susan Dunk, 36, went through this process when she decided to outsource the production of her invention, the ToddlerCoddler, a specially designed cushion that keeps toddlers' heads from slumping in their car seats. Initially developed for her own kids, a friend prodded her to develop the product for market. She and her husband left their first trade show in 2003 with orders for 119 units.
"My mother and I sewed," she recalls. "My father, father-in-law and husband stuffed them. My 3-year-old put the labels on. My son knew how to run a tape gun at 4 years old."
They were long days, but manageable. However, when independent retailers started showing interest, she realized she needed help and began looking for a manufacturer to take over production. Her company has now developed several different products and had close to $1 million in sales in 2006. If orders come in from retail giants such as Costco and Target, as expected, that number should jump considerably in 2007.
Duley knew he needed help from the start and sent out 35 bid proposals--15 in the U.S. and 20 overseas to facilities he found online in China, India and South America. While he initially wanted to work with a U.S. manufacturer, that proved to be more difficult than he anticipated. "Every single American company either didn't respond or backed out on the due date," Duley says. "Every international company provided quotes in a timely fashion and suggested ideas to make the manufacturing process more efficient." Duley eventually chose a Chinese manufacturer, and he works with Pier Components, a Middleburg, Pennsylvania, firm that acts as a liaison between him and the manufacturer, bridging language gaps and ensuring that production runs smoothly.
7. Distribute
Getting the product produced is one thing. Getting it out in the market so consumers can buy it is another.
"Another difficulty inventors face is how they're going to get the product to market," says Haley. "Are you going to use a sales force? That can be hard for a small company because it's expensive to generate a sales force, especially if you're going to be more than a regional or limited national supplier."
One option is to hire a manufacturer's representative. These salespeople for hire have connections with various retail buyers and represent a number of products. The reps are paid a commission only on what they sell, so it's an affordable way for small companies to ramp up their selling power, says Haley. Still, it's not a perfect solution.
"The difficulty with a manufacturer's rep is [that] they only get compensated if they sell something, so they don't want to spend a long time introducing a new product or a complex product and then have to sell the retailer or wholesaler on that product," Haley explains.
Willner and Arnel have successfully brought the AlphaGrip to market, working with an industrial design firm to produce and refine a series of working prototypes, then contracting with a large keyboard manufacturer to create the first commercial run of 1,000 units. They've sold more than 1,000 entirely through their website (www.alphagrip.com) and have completed a second run. The devices retail for $99, plus shipping and handling.
At that rate, it's going to be a while before the device breaks even, let alone makes a profit. But Willner isn't too concerned. "Right now, we're working on refining our niche target markets," he says. "Once we establish these markets and show a track record, we can go back to retailers with a higher likelihood that they'll carry it."
Of course, once the product is finished and in the hands of distributors, the work isn't done. You still need to promote it to your customer, listen to their comments and refine it as needed. But by bringing the product from a sketchy idea birthed in a middle-of-the-night flash of genius to a tangible thing that no one else can create is a considerable achievement.
Wrong Turns
It's hard not to get overzealous about bringing your great idea to market. But making rookie mistakes can be time-consuming and cost-draining. Our veterans warn against these common blunders.
Falling in love with a shaky idea: Consultant Don Debelak warns entrepreneurs about getting too excited about an idea early on. "If you proceed when there's not a clear market or you can't produce it profitably, you're going to waste time and money," he says.
Doing too much yourself: ToddlerCoddler inventor Susan Dunk was sobbing at the sewing machine on her dining room table when it occurred to her that she needed help meeting her production schedule. "There wasn't enough Advil or sleep for me to continue making each piece, even with the help of my family," she recalls. Dunk worked with an agent to find a reputable and affordable manufacturer in China.
Ignoring marketing and distribution: The "build it and they will come" philosophy doesn't work for new inventions. You need a plan to let the end user know about the product, says George T. Haley of the University of New Haven. "If you have no idea how to communicate it and get it to the market, then it's not going to succeed."
Help is on the Way
Need help with the next steps for your invention? Here are some places to turn.
Ask the Inventors: This helpful website has free resources and advice for inventors, including a downloadable nondisclosure agreement (run this by your attorney, of course), and a list of recommended books on inventing.
Dondebelak.com: Invention consultant Don Debelak offers a wealth of free resources and a detailed guide to bringing your product to market.
Inventor's Clubs: Network with inventors, suppliers, manufacturers and others interested in developing new products. A list of these clubs can be found at www.inventorsdigest.com.
National Inventor Fraud Center: This site, owned by Fargo, North Dakota-based Neustel Law Offices LTD, has good advice on protecting your ideas.
Your Local Small Business Development Center: SBDCs offer free advice, information, counseling and resources to help you start your business.
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