Contents

Acknowledgments ix
Introduction xi

Step 1: The Ins and Outs of Patents 1
Evaluating Your Idea: Marketability vs Patentability 1
Types of Patents 3
Evaluating Your Idea for Patentability 4
Doing a Patent Search  8
The Invention Disclosure Document-save Your Spot! 12
Keeping a Journal 19
Filing Your Patent Application 19
The Provisional Patent Application 23
Reaping the Rewards of Protecting Your Idea 26

Step 2: Choosing the Most Profitable Path 29
Route 1: Use a Brokerage Firm 29
Route 2: The Broker Finds You a Manufacturer and Distributor,
but You Negotiate Your Own Agreements 32
Route 3: Find a Manufacturer and Distributor, and You Negotiate
Your Own Agreements 33
Route 4: Have the Product Made for You and Find a Company to Distribute It 34
Route 5: Use an Agent to Sell/Distribute Your Invention 37
Route 6: Have the Product Made for You, and You Distribute It 38
Route 7: Manufacture Your Own Product but Another Company Distributes It 39
Route 8: Manufacture and Distribute Your Product 40

Step 3: The Patent Marketing Plan 41
Developing a Successful Patent Marketing Plan 41
Doing the Research for Your Patent Marketing Plan 51
Business Research Guide 52
Sample Patent Marketing Plan 62

Step 4: Building a Prototype 75
Bui1ding Your Prototype: General Guidelines 77
Choosing the Right Material for Your Prototype 78
Choosing the Right Manufacturing Process for Your Prototype   91
Finding Prototyping Houses: Getting It Built for You 102
Bui1ding Your Invention Yourself 104

Step 5: Test Marketing and Customer Feedback 107
The Advantages of Test Marketing 107
The Best Test-Marketing Method for You 108
Customer Feedback 110

Step 6: Approaching Companies 113
The Initial Approach 113
Trade Shows 114
Telephone Conversations 116
Company Presentations 117
Dealing with Rejection 119

Step 7: Negotiating Agreements 121
Negotiating Ski1ls 121
Ten Key Negotiation Principles 123
Nine Winning Tactics 126
Using Power Words 133
The Opponent's Advantage 135
Step 8: Agreements Contracts and Licensing 137
Types of Agreements 137
Assignment 137
Licensing 141
Drafting Licensing Agreements 144
Joint Owners’ Agreement (JOA) 164
Royalties 168
Choosing Between Selling or Licensing Your Invention 172
Step 9: Improving the Strength of Your Patent 175
Method 1: Try to Work Around Your Own Invention 176
Method 2: File for a Re-Issue Application 177
Method 3: Include Trade Secrets in Your Patent 177
Method 4: Don't Include "Patent Number" Marking on Your
Invention 178
Method 5: Protest a Patent Application 179
What to Do If Someone Worked Around Your Patent 180
What to Do If Someone Copied Without a Patent 180
Step 10: Product Differentiation 183
Expand Your Horizons and Protect Your Interests 183
Spin-offs 183
Modifications 185
Appendix A: Inventor's Assistance Organizations 187
Appendix B: Sources of Capital/ Aid for Inventors and Small
Businesses 237
Appendix C: PTO Fees 245
Index 253

© 2005 Copyright by Steven Barbarich. All Rights Reserved.