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Seven Tips for Protecting Your Idea
 Invention Development Organizations & the Independent Inventor
Information provided by the U.S. Dept. of Commerce and the Patent & Trademark Office (Information provided by the U.S. Dept. of Commerce and the Patent & Trademark Office)

You have a great idea for a new invention, but you don't know how to develop it. The following information will help you on obtaining professional help in the invention development process.

Invention Development Organizations are private and public research organizations that help individual inventors develop their ideas. Many offer to evaluate, develop, patent and promote an inventor's idea, so that it may be commercially licensed or sold.

While many of these organizations are legitimate, some are not. Unfortunately, there are various horror stories of inventors paying thousands of dollars for assistance in developing their ideas, only to end up with nothing in return. So how do you make sure that you are getting your money's worth from an invention developer?

Here are seven tips:

  1. Understanding the patent process.
    Before you contact an invention development organization, take some time to learn about the patent process. When you understand the basics of what's involved in the patent process, you can avoid being taken by invention marketers who make promises they, or the patent system, can't deliver. Be especially aware of the types of patents available and what they protect. There are three types of patents—utility, plant and design. Some developers do not properly distinguish between these three types of patents, and request the wrong type of patent protection for their clients.

  2. Do your homework.
    Check the organization's references. Because many use the same marketing techniques—radio, TV and newspaper—it is often hard to identify deceptive development organizations from their advertising. Don't be afraid to ask for references and to check them. You not only want to know how they have treated their past clients, but also, what the results of their services were.

  3. Be realistic.
    Every invention is not patentable. To qualify for a patent, an invention must be new, useful, and nonobvious to someone knowledgeable about the invention's subject matter. Be wary of any developer who is willing to promote virtually any idea or invention without regard to the basic patent criteria. Make sure to check the review process a developer uses to evaluate an idea's potential. You are excited about your new idea, but your enthusiasm can make you vulnerable to developers who make false claims about the true patentability of your invention.

  4. Know what you are getting for your money.
    Be on guard against large, up-front fees charged by developers. Ask how much will go towards marketing, patent filing and preparation fees. An important note: Most reputable organizations do not typically charge large up-front fees. Normally, they rely on royalties from the successful licensing of a client's invention, and in turn, are very selective about the inventions they pursue.

  5. Protect your rights.
    DO NOT disclose your invention to a developer without first signing a confidentiality agreement. You could forfeit valuable patent rights by publicly disclosing the details of your invention before filing a patent application.

  6. Track your invention's progress.
    If you decide to use an invention development organization to help you with your idea, you should ask to deal directly with the agent or patent attorney who will be handling your patent application. Stay informed of the progress of your patent application. Ask for a copy of the application, as well as copies of your agents or attorney's correspondence with the Patent and Trademark Office.

  7. Don't get discouraged.
    The patent process can be very complicated, and at some point you will most likely need to obtain legal assistance to ensure that your rights are secured and protected. There are many reputable patent agents and attorneys throughout the country that can help you through the patent process. The U.S. Patent and Trademark Office maintains a register of attorneys and agents who meet legal, scientific and technical requirements.

    All inventors have different degrees of experience and expertise in the invention development and patent process. If you remember these seven tips, no matter what your experience is, you will have a better chance of finding professional help that has your interest in mind.

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    Last Update: June 26, 2006
    Comments to: lib-ped@okstate.edu
    URL: http://www.library.okstate.edu/patents/seven.htm