Knowing the Ropes Is the Stepmother of Invention
Doug Clark has a dose of reality for anyone who has ever looked at a million-dollar invention--whether a Topsy Tail or a pet rock and thought: “I could do that. I could create something clever in my kitchen or garage and make a fortune.”
There are those who have, of course. But, in truth, “only one in 10 patents sells well,” says Clark, president of Paedia Corp. in San Francisco.
Clark should know. He’s an inventor--and a successful one at that. Over the past 20 years, he’s patented 17 different inventions, ranging from medical imaging systems to meters that measure “pendulous flab” and napkin rings that fold the napkins for you.
His ideas help finance his company, but he’s far from rich. Indeed, he says, “I’m still inventing ways to stay in business.”
Still, making a mint off your own brilliant idea is such an ingrained part of American culture that about 210,000 patent applications were filed last year--up 7% from the previous year--and better than 100,000 patents were granted, says Richard Maulsby, a spokesman for the U.S. Patent and Trademark Office. More than 5 million inventions have been patented since the agency opened its doors in the late 18th century, he adds.
In fact, the United States is the only country in the world where you have a constitutional right to protect your valuable ideas. Article 1, Section 8 of the U.S. Constitution expressly states, “Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries.”
There are certainly plenty of people who have gotten rich--or at least comfortable--doing it, including Tomima Edmark, inventor of the Topsy Tail. However, anyone who hopes to join these rarefied ranks ought to realize that even if you have a fantastic idea, the patent process has its pitfalls. Knowing the ropes is almost as important as coming up with a clever product, says Judy Ryder, a Chatsworth-based inventor and author of “Turning Your Great Idea Into a Great Success.”
Why? For one thing, it’s costly. You pay a $379 filing fee for a basic “utility” patent, says David Pressman, author of “Patent It Yourself.” If your patent application is granted, you’ll pay another fee; if you want it to remain in effect for the full 20 years that U.S. patent laws now allow, you’ll pay graduated maintenance fees three additional times. Patent fees alone often add up to thousands of dollars.
Additionally, you’re likely to spend money on patent attorneys, who can help prepare your application and on design fees, since many inventors need professional drawings--or prototypes--made to submit with their applications, Ryder says. Since all this requires a hefty investment, you’d be smart to evaluate the viability of your product early--before you ring up the bulk of the expenses.
How do you do it?
Your first step: Create a working model of your product to make sure it’s functional, Ryder says. Have friends and relatives try it out to see what they think. Use it a lot, bang it around, wash it. See if it’s durable. Then, use what you’ve learned to redesign it, she suggests.
When you’re done with that, get started on some serious market research. Find out if there is anything else like your invention sold here or abroad by checking through retail stores, catalogs, classified advertisements and industry publications. If your creation is too similar to one that’s already been invented, you won’t be able to secure a patent. Kiss your royalties goodbye.
If your product is distinct but there are discontinued products that were somewhat like it, learn about them, Ryder says. It’s possible that there was some flaw in the design or concept that you’ve overlooked. Also be sure to check if there are regulatory requirements for the industry you’re serving.
After all the research is through, you ought to seriously consider redesigning your product again, Ryder says. Incorporate changes that may make the product less expensive to produce--and buy--and more usable for consumers.
Finally, hire a patent attorney--or buy a book that explains how to patent something yourself--and complete a patent application. Get ready for a long wait. It takes nine months to two years to get a simple patent application approved, experts say. If your idea is complicated, the process can take far longer.
Still, if you are clever and tenacious, inventing, patenting and marketing your own ideas can be both personally and professionally rewarding.
“In 1984, I walked out of a lucrative job and said, ‘I can do this myself,’ ” Clark says. “I’m not rich yet. But I am certainly comfortable. And I’m very, very happy.”
