Common Sense Inventing - Educational articles to help Inventors make informed decisions

It never ceases to amaze me how many Inventors think that just because a company has a set of policies they will change them for the Inventor. Below is an example of what I mean. Without going any deeper into the company you can plainly see that 3M is only looking for PATENTED ideas. They even state they are not looking for patent pending ideas. And below that they state in Bold Print ”

NOTE: YOU WILL NOT RECEIVE A REPLY TO ANY COMMUNICATION YOU SUBMIT CONCERNING EXISTING 3M PRODUCTS”

So, my question is why are Inventors griping about how a company treats them when a company spells out their policy and the Inventor still sends them exactly what they said they don’t want to see? And does this add to the perception by many companies that Inventors as a group are crazy?

http://solutions.3m.com/wps/portal/3M/en_US/Submit…

Submit Your Idea
Welcome to 3M’s website for the submission of new product ideas. We appreciate your interest in and support of the 3M Company.

Patented Ideas for New Products
Each year 3M assesses thousands of ideas, including many that come from people outside of our organization. We are truly appreciative of these submissions, but for legal and practical reasons we can only accept and assess an idea if it is protected by a granted or issued patent and submitted to us using the following process.

• Submit a Patented Product Idea
• Request the Status of a Previously Submitted Patented Idea
• Frequently Asked Questions

New product ideas associated with pending patent applications, provisional patent applications, and/or patent applications that are otherwise in prosecution will not be accepted in this process.

Your Thoughts Regarding Existing 3M Products
3M also welcomes comments or suggestions that you may have for improvements or new uses of existing 3M products. PLEASE NOTE: YOU WILL NOT RECEIVE A REPLY TO ANY COMMUNICATION YOU SUBMIT CONCERNING EXISTING 3M PRODUCTS

• Submit Your Thoughts Regarding an Existing 3M Product

To often I get contacted by Inventors that have paid for a patent search long before they should have spent any money. They either contacted a Patent Lawyer or an Invention Submission company and were told the first thing they need to do is conduct a patent search. Which of course costs a fee.
The correct action should have been for the Inventor to do their research first which only costs them their time. With free access to the patent office website and other search engines such as google.com/patents you can do a lot of your own research for free.

I am amazed at how many Inventors don’t even do a word or image search in Google to see what shows up… again free. Go to any store and look at how many products you see that are not covered by a patent. These will not show up in a patent search and neither will the PPA’s that could already be filed on your same product idea. Look at the amount of posts/ads you see in any Inventor related sites that push spending your money on patents and patent searches. Why? Because they have nothing to lose. They are not going in debt, you are, so it is easy for them to say go for it. Plus, you are making them richer. Not yourself.

You will find out that in a lot of cases the idea you first come up with and the final product may not even be close to each other by the time you get the final version and is not covered by the patent you filed. Keep in mind your patent is only as good as the Claims you are able to get granted. And most companies prefer utility patents over design patents because design patents are easier to go around.

Ask patent lawyers what percentage of patented items actually make it to market? You will find that the success rate is extremely low. The former head of the USPTO had said in one of his presentations that the rate was around 4% that actually made it to store shelves. So that means 96% wasted their money. Granted some people don’t care if their product makes it to market. They just want to be able to say they have a patent. Which is fine. But If you want to see a return on your investment, not just a piece of paper you can hang on the wall, you will want to do your best to research your idea first.

Stop buying into the hype and fear someone will steal your idea if you don’t pay for a patent search and file for protection right away. Do as much of your due diligence up front for free and make informed decisions.

When they first get started many Inventors have a lack of Focus and Direction due to everything being new and unknown. This is why things can take a turn for the good or bad depending on their next steps and how they proceed.  Unfortunately below is how it happens for a large portion of new Inventors. I am writing this so you can avoid these pitfalls and not learn the hard way.

The Inventor gets an idea and then doesn’t seriously consider their options before they run head first towards any goal. They see a contact for an infomercial company and throw their idea that way. They don’t consider whether their idea fits that market, It is just somewhere to go. They don’t understand why they get a rejection from the infomercial company.
Then they see a contact for a toy company and send them a bicycle idea never looking to see they don’t deal in bicycles. They find a website online that says we look at outside ideas. They slap any unorganized information they can gather in an envelope or email and send it to whatever address they can find for the company, assuming once it gets there a kind hearted person will open their package/email and direct it to the right person in the company. Oh, and by the way they didn’t finish reading the boring section on rules for submitting that state they only look at patented ideas or finished products. 

Many Inventors don’t do the due diligence homework required and don’t realize they need to stay focused and pick a direction they want to target. Direction such as do you want to license, manufacture, start a business around it, give it to a company to distribute it for you, sell online only, sell through retailers; the list goes on and on. You need to know what you want the end goal to be so you have a goal line to move towards. 
If you have a toy idea you need to study the toy industry, not the auto industry, you need to know what they sell, who sells the most of a particular type product line that your idea fits into. Do they have requirements for submitting? Do they even look at ideas/products? You are wasting your energy and money not doing research before contacting the first company. Don’t randomly pick something, make an informed decision.

You don’t go through the gas tank to change your car tire. Take the time to get the right information and use it wisely. It may take a little longer to do it this way, but it will increase your chances of success.

 

I get asked all the time why companies are reluctant to look at ideas from Inventors unless it is through a broker/agent or an Inventor based company? The answer is simple. They use these outside resources because they are afraid of the small percentage of Inventors that are nutcases and have unrealistic expectations.

Utilizing the internet and social media it isn’t hard for a disgruntled Inventor that has been told his baby is ugly and feels the company is against them or they are out to save the Inventor community from something they perceive as a problem can make false accusations rather quickly. This leaves the company with a PR issue of trying to disprove accusations from a nutcase who doesn’t want to accept the truth.

Let’s take this situation for example. Company X gets a product submission from the Inventor for a new type of Kitchen utensil. The Inventor does not have a working prototype, does not have a patent, but does have a PPA filed. Company X reviews the idea, thanks the Inventor for the submission, but states they are passing on his idea due to a similar project ongoing in-house.

Three months later the Inventor is in Wal-Mart and sees a kitchen utensil very close in function to what he sent Company X and sees that this product is from Company X. The Inventors first reaction is that Company X stole his idea and he is going to make them pay for screwing him over. The Inventor gets on Facebook, Youtube, Linkedin, Twitter, Inventor blogs, Inventor forums and even starts their own blog all blasting Company X and accusing them of stealing his idea. The Inventor sends out nasty emails with accusations of the company stealing his idea to the company’s board of directors, Company X’s sponsors, local newspapers, radio and TV.

The Inventor fails to mention Company X stated they were already working on something similar in-house. He also fails to mention that when he looked at the packaging for the supposedly stolen utensil idea it had a patent number. The Inventor doesn’t have a clue what it would have taken to accomplish everything he is accusing them of doing. But that doesn’t stop him from his vendetta.

So, let’s break that down. Company X would have had to :

Review his idea and decide it was marketable and they wanted to move forward with it and then make the following moves.
1. Decide they weren’t going to pay him a royalty for it and that risking a lawsuit and bad press was worth the risk.

2. Get their design group working on the products design and decide whether they were going to make a line of these or just a single unit.

3. Get their legal group filing a design or utility patent depending on what they thought they could get and protected them the best.

4. Get samples made and tested ( most likely using an overseas factory in China)

5. Get quotes for material costing

6. Get quotes on the molds needed to produce the product.

7. Approve the molds and have them made.

8. Decide on styles, colors, materials used

9. Develop packaging for the product

10. Get the samples back from the factory in China and decide if the samples are ready for production run or if more samples and redesign was needed to have them market ready.

11. Get the final product to buyers for the big chains and get purchase orders from the chains.

12. Make sure the product has SKU numbers associated with it

13. Get different packaging made and approved for the different chains that have agreed to carry it. (if it is sold as a private label item in one chain the packaging has to conform to their labeling setup)

14. Send the orders to the factory in China so they can begin making them.

15. Get the patent you filed for issued and get the patent number so it can be printed on the packaging or imprinted in the mold so it shows up on the product. (getting an issued patent takes over a year if it is moving fast. Normally two years or more is normal due to the backlog they have at the patent office)

16. The product is made and put into shipping containers and transported to the port for loading on boats.

17. The boat trip and getting the product through customs can take two weeks to a month.

18. It has now gone to the Company X’s distribution center to be shipped out to the stores that ordered it.

19. The company that ordered the product in turn has to ship it out through their distribution center to their stores.

20. The stores receiving it have to unload the trucks and put the stock on the shelves.

21. You the consumer can now buy the product.

So, the disgruntled Inventor making the accusation that Company X stole their idea is saying that from the time they first sent their idea to Company X they were able to review the idea, decide to steal it and get all of the above done in 3 months’ time? Does that sound feasible to you?

Yet because the Inventor has no idea what it takes to get a product to market in his mind all of this was done specifically to rip him off. Which justifies him going all over the internet bashing Company X.? If you were Company X would you want to open yourself up to all of this?

This is why I have always stressed for Inventors to approach companies in a professional manner and to have realistic expectations. It only takes a couple of nutcases to ruin it for the rest of the Inventor community. It is in the Inventor communities’ best interest to try and educate everyone how the system works and what it actually takes to get a product to market. And those with unrealistic expectations giving out tainted advice or making unfounded accusations need to be corrected so they don’t ruin it for the rest of us causing more companies to shy away from outside innovation.

Invention posting sites are gaining popularity, but do you gain any benefit from them? In my opinion these sites feed off of the Inventor’s hopes of getting discovered by a major player in their particular target market and making millions.
The web is flooded with these websites all claiming to be the place every Inventor should list their idea/product to get noticed, receive funding, and make sales. They say list with us for free or they charge a monthly fee and companies and investors will find your product. Some offer paid services to build your presentation page, make a pamphlet, sell sheet or other material.

Some make the pitch saying they are an international marketplace, as if they have this special connection no one else has. There is nothing special to being international anymore. You get international exposure just by being on the internet. I get contacted by people all across the world that find my site using Google.com or some other search engine. I didn’t do anything special that makes me stand out over the next website or buy a spot on Google so that I show up first in a web search.

Ask yourself this, do you really think that Stanley, Black and Decker, Kraft, Mattel, Craftsman, Rubbermaid, and all the other mainstream companies spend their time surfing these idea posting sites? I put in the search topic on Bing “invention Buyers” my results were 1-10 of 748,000 results. I know a number of them are repeats of the same companies so lets say you only have actually 748 of those as the correct number of sites worldwide offering these services. Do you think any business like Black and Decker has the resources or cares to have their staff look through 748 websites for a new product they can sell? Why should they even bother when they have Inventors contacting them daily wanting them to review their ideas? The answer is they don’t.

I looked at one of these companies website and they had 18 categories of products you can look through. If they have a minimum of 10 ideas/products listed per category you have 180 products to review for just this one website. Now multiply that by the 748 companies offering this type of service and you get 134,640 products to review. So, how would a toy company find you out of this large pool of ideas/products that cover such a wide variety of markets?

Plus, that number will not stay static since you are adding new products as more Inventors join these sites. So, again I ask does any one company have the resources or need to review these products, even monthly? Your chances of getting picked up from one of these sites are small at best. You would be better served pushing your product yourself and targeting the companies you want to go after. Lets not forget that Inventors will post their unprotected on these sites not realizing they are doing public disclosure.

I have my own website http://www.rogerbrown.net that I include in my emails to companies or can tell them when talking with a company. I can direct them to it easily and don’t have to worry about them sifting through other websites and advertisements.