Patent cons are dedicated to separating you from you money. Now how do you guard against what appears to be a well-meaning attempt to "aid" you in fulfilling your dream of marketing your invention? First, let me say that the biggest con of all is the U.S. Patent Office, but that will be addressed later.
So, let's say that you have an idea, invention, patent, etc., that's better than sliced bread. What in the world are you going to do with it? Just let it sit on a shelf of your mind, or get it to the buying public that really can appreciate your cleverness and award you accordingly?
If you have gotten this far, you probably have read a number of books, magazine and newspaper articles, and may or may not have consulted a patent attorney of patent agent regarding your invention. In your reading, you no doubt will have discovered a group that advertises themselves as "invention marketing" companies. Beware!!!
Richard C. Levy has written and I quote;
"There is a cancer threatening American inventors, a disease the Federal government has become more and more committed to eradicating in recent years. It is the fraudulent invention marketing company.
The Federal Trade Commission's action, for which it should be applauded, was the May 22 1996, FBI raid on Manassas, Virginia based, Global Patent Research Services, Inc., for alleged schemes that bilked inventors out of millions of dollars.
Under the guise of providing professional invention marketing services, the dreams of an estimated 25,000 American inventors are dashed annually by non-performing, creative slugs who prey on inexperienced and needy inventors. The marketers praise every concept submitted, no matter its merit, charge the inventor fees ranging from hundreds to thousands of dollars, and do little or nothing to commercialize the invention. ---
--- Government protective measures, while necessary, are not enough. Inventors and the media must learn how to recognize the bad guys from the good guys.
Most invention marketing companies that (have fraud in their hearts, my words, not Levy's), reach their marks through false and misleading advertising in legitimate newspapers, and magazines, and through TV and radio. ---
--- I (Levy) have three rules of thumb for separating the pros from the cons.
* Reputable invention marketing companies and agencies do not advertise in the mass media (e.g., cable TV, late night radio, USA Today classified, yellow pages, etc.). Other than perhaps listings in narrowly focused trade publications, reputable agents get their invention clients through referrals.
* Reputable agents do not require up-front fees. They work for a percentage of any advances and/or royalties the invention(s) may generate. Inventors invest ingenuity, time and money to create and protect their inventions. The marketers invest the ingenuity, time and money to find the invention(s) a home. What is more fair than that? ---
---* The company should be able to provide a list of references, i.e., people who will attest to how satisfied they are with the broker's services, inventors who have made money through successfully commercialized products.
HOW TO FIND AN HONEST BROKER
Are there honest brokers? Of course. To find one, contact a local inventor group, a university innovation center or ask the companies to which you would like to license your invention to recommend someone in whom they have confidence. Many companies are willing to share the names of the agents, brokers and inventors with whom they have on-going, fruitful relationships. ---
--- Do not be impressed by what a Better Business Bureau reports.---"
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Who is Richard C. Levy and why should you listen to his advice? He makes his money as an author of books related to how to invent and patent inventions. His credentials are that he has been there, inventing and commercializing products and accordingly he has been recognized and quoted in a number of well regarded publications. If you choose to learn more about Mr. Levy you may visit his web site: Levy Another source of information is John Moetteli's web page. I find that he shares Levy's almost missionary zeal against the marketing cons. And on his page, he offers advice on a number of invention related problems. How does he make his money? Moetteli is associated with a group in Texas that makes models. They challenge the inventor to submit works that they can model. I haven't used their service but recognize a very real need for the inventor to build a working model. I have learned a lot about my designs when I have built a model in addition to working it out in my head. The web site is: model
Now let me say a word about the other plague that infest our land, worthless patent attorney and patent agent. Not unlike the invention marketing services, I have never found one that will openly discourage an inventor from filling a patent application. And like the services, they like to have their money up-front. A number of good friends of mine are in this field and they don't argue the point.
As a case in point, let me cite how an patent attorney screwed up one of my applications. The application had passed the first baptismal fire from the Patent office and changes had been made to overcome objections of the examiner. The attorney, through negligence on his part failed to meet a filing deadline and thus the application moved into the abandonment classification. When he realized the damage he had done, he offered to pay all subsequent fees to revitalize the application. My response, forget it. I don't want your name on my patent! (The agent's name or his firm's name appears in the heading of those patents in which the inventor used either an agent or attorney.)
But what about the invention you may ask? Like many applications before the Patent Office, this one remains in the abandoned classification. To revitalize the invention, when I choose to do so, improvements, new drawings etc. can become a part of a new application and reference to the now abandoned application will be made. The binder on this application is closed to all except the inventor. So I am playing a time game. I can in the meantime seek to market my invention. Assuming no new and compromising technology emerges that renders my application subject to new "art". In negotiations with a prospective company, the facts are on the table. And, I don't think I have lost a bargaining chip. In fact, through negligence of the attorney, I may have gained (bought, because I had paid the rascal more than just a little money) additional time for protection against competition in the market place.
Another upside to the above is that for a modest fee to the Patent Office, I got a world of expertise in evaluating my application. In a telecommunications conference with the examiner, I gained confidence that, yes I have a valid invention that should be patentable provided changes were made. Further, through the examiners search, I confirmed that there is no prior art that can be cited against my invention, limiting its application. All in all, I consider the couple of thousand dollars spent worthwhile.
If you are seeking a patent attorney or agent, my suggestion is that you ask for copies of patents on which their name appears as the attorney or agent. In evaluating these patents read the claims. If the claims are so restrictive, they either have given away the store or the field in which the patent exist is so crowded that only narrow claims are possible. Ask! Then ask what the total cost for that patent was, all Patent Office fees, actions and of course the agent/attorney's fees including draftsman's charges.
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