:: :: :: Invention Information and Advice
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-- "Tis better to have and not need than to need and not have." -- An Advertise-ment at a country Cemetery that was offering Gravesites
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--> > "Five Resolutions to Up Your Sales In 2012" --
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:: :: :: Similarly to your selling your concept to someone for the first time, you have to get their immediate attention within your opening statement..
-- Therefore, if I were you ..
1. When I made my invention I would have first figured out who would want it or who would need it? I would go there to scout-out what they are doing 'without' my 'magic whatzis' and what reason I could give them that they do need it.
2. I would have to be competitive to whatever they are presently using. My price has to be appealing. [Price makes the first point in a sale--you have to get them to be able to afford it!]
3. What proof do I give them that my 'magic whatzis' works?: Testimonials!!
Track record of trials. Guarantees. My reputation.
4. My personality: A positive approach. Listen to their needs. Smile. Give them positive feedback. And remember: If they don't need it, maybe they could recommend someone who does? Ask them for a lead.
You are your best salesmen. You can't afford to hire anyone yet. You have to see the public and open doors. Ask everyone for recommendations; who they know that would buy one?
It's hard, very hard, but it is your baby and you have to give it life.
You had good intentions on making your invention. Go to those who encouraged you and ask them for their support, like: testimonials on how they like you as a person - how your invention will better their lifestyle, how they will be a better person because of this. --
Keep at it using the knowledge gleaned and garnered from this website and you won't fail.
Robert Scheinkman, President/Director and Mentor of the IASL - Inventors Association of St. Louis
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-- "Everyone is a genius at least once a year. The real geniuses simply have their bright ideas closer together." --
George Lichtenberg
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-- "Live all you can; it's a mistake not to. It doesn't so much matter what you do in particular, so long as you have your life. If you haven't had that what have you had?" --
Henry James ----------------------------------------------------> > -- "To Beginning Inventors" -- ----------------------------------------------------> > -- "Links for Inventors and Inventions" --
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Free Service to aid Inventors on Mfg Finding Shops and Manufacturers for Manufacturers for Inventors to aid and consult in the building of their projects.
Posted by Rich Freese on August 03, 2002 at 03:27:14:
I offer a free service to find Shops and manufacturers for Inventors to get their product Prototyped or made.
I particularly work with shops that are trying to get a start and need the work.
Since they are start-ups, their prices are lower and this keeps the Inventors price down.
I've been working with the St Louis and Edwardsville, Ill. Inventors Association for about a year now and use them as my References. My approach is different in that I don't do any manufacturing myself. When an Inventor
asks for help, I try to find shops that may have done similar work to the new Invention. Not always am I successful, but I try to help.
Thanks - Rich Freese 314-638-1227 1-800-746-9550 fax # 314-631-6938 arhctysv@netzero.net Representing: High Quality Tools Acra Machinery - Fryer - CNC Machines - Menu
Entrepreneurs Free Manufacturing Consulting
----------------------------------------------------> > -- "IP Matters" News & Trends in Intellectual Property
-- What is Intellectual Property? -- Webster's coins it as legal monopolies over creations of the mind, both artistic and commercial. It is the ownership of your ideas, the culmination of your ingenuity and the value of your dreams. Our history is rich with intellectual property and from the conception of the wheel to the first flicker of electricity, we are dependent on IP of the past, and as we continually enter new stages of a technological world we are becoming even more dependent on the IP of our future. The rewards for properly managed IP are immeasurable, as every idea has the potential to change the world." -- Inventors Council of Cincinnati
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---------> > How would you have answered?
Consider these Facts:
Young people these days are encouraged to sometimes think 'out of the box'--> >
And
The creativity of the Inventor also goes beyond being sanely rational.
So,
These are your questions:
And below were the student's answers:
Q1. In which battle did Napoleon die?
* his last battle
Q2. Where was the Declaration of Independence signed?
* at the bottom of the page
Q3. River Ravi flows in which state?
* liquid
Q4. What is the main reason for divorce?
* marriage
Q5. What is the main reason for failure?
* exams
Q6. What can you never eat for breakfast?
* Lunch & dinner
Q7. What looks like half an apple?
* The other half
Q8. If you throw a red stone into the blue sea what it will become?
* It will become wet
Q9. How can a man go eight days without sleeping ?
* He sleeps at night.
Q10. How can you lift an elephant with one hand?
* You will never find an elephant that has only one hand..
Q11. If you had three apples and four oranges in one hand and four
apples and three oranges in other hand, what would you have ?
* Very large hands
Q12. If it took eight men ten hours to build a wall, how long would
it take four men to build it?
* No time at all, the wall is already built.
Q13. How can you drop a raw egg onto a concrete floor without cracking it?
*Any way you want, concrete floors are very hard to crack.
The student received 0% on the exam.
--------> > Would you have given him 100% ? Was he wrong ?
-----> > ---------------------------> > The Sore Thumb Award
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-- It's a jungle out there and as soon as you begin making money from your own invention, someone will pounce on you to try to take it away...
-- What I am about to tell you should become obvious to one and all, and that is: - We all forget important dates and decisions.
-- So, I'm telling you about The Inventors' Diary. - Some call it the Inventor's Notebook or Log-book. - The Diary is Your Proof that You Invented Your Invention. ---> >
-- There are several ways to look at what I am saying. - On the one hand, there are those 'listing' calendars with spaces for you to jot-down notes. There are also Daily Reminder books with pages guiding you.
In addition there are:
1. **Having a secret journal - your own personal diary..kept locked away and hidden from others.
2. A secretarial notebook with your own personal secretary writing it down from your dictation.
3. And within a company, the taking of corporate business minutes. A legal proof of management decisions.
4. Of course: Possessing a nagging spouse (or a loving soul-mate ;-) who is keeping track for you. They make sure and do the writing down.
5. And you may even have a very good head on your own shoulders for remembering unwriten minute details?
Though, when you screw-up, you possibly can or can't do over what you did wrong that first time. :-( Try to write it down within the moment it occurs.. Or, -- This will cost you both time and money.
-- Without good habits of keeping records, you may be found running-in-place and getting nowhere.
And, yeah.. You can and will be apologetic and try to make excuses to others about why you failed and why you are a loser. --> The chiseler will try to break your patent and steal your invention by proving to the courts that you were not the *FIRST TO INVENT..the genius of your invention.. You should save those proofs that you were the first to invent..by keeping good verifiable dated records. -- So let's do that!! - In this day and age you have the gadgets and forethought to become a winner... Moving straight foreward and protecting your rear-end with written documental proof. [ INVENTORS NOTE: *On June 23, 2011, the U.S. House of Representatives approved by recorded vote, 304 to 117, H.R.1249, "The America Invents Act" that changes our system of U.S. Patent Law from FIRST TO INVENT to FIRST TO FILE. -- President Barach Obama approved it on September 16, 2011. ] -- "America Invents Act Signing"
** For those who want a bare-bones Diary: a. Buy from a stationary store a ledger book that has spaced lines and one sealed or bound edge within its cover. [A looseleaf notebook won't do for your Diary.] b. At the very top of the 1st page, write readably the Name that you have given your Invention. Put the date and time of day next to this Name. c. Begin describing your invention. Everything about it; what inspired you to invent it. d. Write down what you are doing to get this invention into the market place? -- Everytime you think about it (at least once a day and weekly) keep writing factual information down...the things that you can't afford to forget. - IT'S A DIARY!! The USPTO will accept this contemporaneous journal as proof!
-- Listen to me.. Get in the habit of keeping an Inventor's Diary / Inventor's Notebook - the Inventor's Document of Proof. e. Less I forget to tell you: Continue your Diary to both sides of your page. If you make a big-booboo mistake, x-it out and initial it. Be consistant with your writing. Try to write legibly. Anything added that is squeezed in draws suspicion, so write it first out on one paper that can be edited and then duly transfer the final edification to your Diary. Be sure to destroy the test write-ups! -- Number Diary pages, front and back side. Unwritten upon large areas should be X-edited out. -- Get two friends that you can trust, who will get no monetary value for doing this. They will witness your Diary about once a month. They will sign and date the following statement each time they read your updated diary, under the last sentence of your latest Diary entry: "I have read and understood the preceding information." signed (X)----------------------------------------------datesigned (X)----------------------------------------------date
-------------------------------------------------> > --------------------------------------------> > -- "Oklahoma State University Patent and Trademark Library" -- -- Get It In Writing
- I want to pass on a mistake made by an inventor. He told me he met with a representative who said that he would help get his product into a number of markets. After a handshake and product samples, the inventor has not heard back from this representative. Phone calls and emails and still no response. The inventor admits he is not really sure what this representative was supposed to do for him.
- Anything having to do with your invention is a business transaction. If you meet with someone who says they are going to do something for you, get it in writing. If money is to be exchanged, be very clear what you will receive in return and when.
- Some people say they don’t want to appear to be too pushy. Developing and marketing an invention is business and not personal. At a minimum, after a meeting, summarize what each of you agreed to do and then email the notes to the other person. Ask if your summary accurately reflects what you discussed. Make sure your summary covers who does what as well as the expected dates of completion.
-- Success Story
An inventor called me and said he lost the templates CD from my Invention Success Kit. I told him I would replace the templates. Then he told me that he followed the steps in my Invention Success Kit and as a result got his product into Walmart. He met with a local Walmart manager and they loved his product but wanted better packaging. After several discussions and 7 months later his SmartiTag product appeared in their stores.
-- Success Story
An inventor I had been coaching received a licensing deal for his jewelry accessory product. The company is in the process of refining his invention. This January the product will be test marketed in several Bed Bath and Beyond stores. If the product sells well, they will expand to more stores.
-- Book available
The popular book “Product Idea to Product Success” now in its 5th printing, is back in stock. Not only is the book used as college textbook, it’s been read in 14 countries. Please see the information page for details and special offer on the order page.
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-- "PRODUCT COACH:/ Invention Resources" ---- "Those who do not remember the past are condemed to repeat it." -- George Santayana
-- "12 things that will be cheaper in 2011" -- -- "BBC NEWS | Technology | Ask rolls out search privacy tool" -- -- --> TREASURE HUNT OF A LIFETIME -- --> By your attending our IASL meetings and attending our one-on-one sessions - after hearing our Guest Speaker - and receiving this on-line newsletter, "The Big Idea," - you will amass valuable information on the inventive process. -- "Business Plan: Intro" -- -- "Entrepreneur, business - Minding Your Business" -- "Think Like an Entrepreneur - AOL Small Business" -- "Use Your Dream Team to Advance Your Career" -- ----------------------------------------------------------------------------------------------------------------------> > -- Unforgettable Parties Without Breaking the Bank -- -- "Join Suzi Tozer and a slew of party professionals from around the world as they share inspired tips and trends and the secrets on how to avoid the disasters to make your event something your guests will talk about for years to come." -- "5 Strategies for Implementing Social Media into Your Organization" -- "One major retailer did this and had a $3 million bottom line improvement during an economic recession. This company never opened social media sites to its employees before. Now they're a believer in the power of social media marketing."
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--> "If opportunity doesn't knock, build a door." --
--> If God brings you to it, He'll bring you through it..............
--> Read this...I mean REALLY read this..
-- There's some mighty fine advice in these words, even if you're not superstitious. This has been sent to you for good luck from the Anthony Robbins organization. It has been sent around the world ten times so far:
ONE. Give people more than they expect and do it cheerfully.
TWO. Marry a man/woman you love to talk to. As you get older, their conversational skills will be as important as any other.
THREE. Don't believe all you hear, spend all you have or sleep all you want.
FOUR. When you say, 'I love you,' mean it.
FIVE. When you say, 'I'm sorry,' look the person in the eye.
SIX. Be engaged at least six months before you get married.
SEVEN. Believe in love at first sight.
EIGHT. Never laugh at anyone's dream. People who don't have dreams don't have much.
NINE. Love deeply and passionately. You might get hurt but it's the only way to live life completely.
TEN. In disagreements, fight fairly. No name calling.
ELEVEN. Don't judge people by their relatives.
TWELVE. Talk slowly but think quickly.
THIRTEEN. When someone asks you a question you don't want to answer, smile and ask, 'Why do you want to know?'
FOURTEEN. Remember that great love and great achievements involve great risk.
FIFTEEN. Say 'bless you' when you hear someone sneeze.
SIXTEEN. When you lose, don't lose the lesson!
SEVENTEEN. Remember the three R's: Respect for self; Respect for others; and responsibility for all your actions.
EIGHTEEN. Don't let a little dispute injure a great friendship.
NINETEEN. When you realize you've made a mistake, take immediate steps to correct it.
TWENTY. Smile when picking up the phone... The caller will hear it in your voice.
TWENTY-ONE. Spend some time alone.
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--
"I think I might have worked out why people are anxious and it has almost nothing to do with the economy. People are anxious because they don’t know what’s coming next. It’s not reality but uncertainty and volatility that’s the problem. People want a view of what lies ahead. A narrative if you like.
-- If instead of trying to individually predict the future we could collectively decide which direction we’d all like to travel in, I think the world would be a better place." - author unknown
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-- -- What is it with you? Is it that your cup is half empty or is it that your cup is half full? There is a difference! When your cup was full, you drank it down to half full. You were on your way to an empty cup. -- -- -- When your cup was half filled, you were looking for your full-share cup. What would you rather have? -- I see, it's six of one and a half dozen of the other? :-) -- -- May the IASL fill your cup? -- Metal Casting Advice by Rich Freese -- -- "Pessimists look at a glass that is 50% full and say it is half empty. -- Optimists look at it and say that it is half full. -- Machinists look at it and understand the glass is twice as big as it needs to be." -- Rich Freese -- "Some say the glass is half full, some half empty. I just wanted to know who drank my water!" --
--> --> Definitely talk to Rich @ --> arhctysv@netzero.net - (Rich Freese) ARCH CITY SERVICE - 314-638-1227 - 1-800-746-9550
-- “A Florida man was run over by his own truck after his dog put the truck in gear. First, it looked like an accident
but it turns out the dog was texting.” -- Jay Leno
-- --> "The Most Important Key to Successful Inventing" -- --> "A smart inventor will build a team as soon as possible. The four principal team members will be you, a patent attorney, a manufacturing expert and a marketing expert." -- "Market Launchers newsletter: THE ONLINE INVENTOR archives" -- -- -- We may not have it all together but together we have it all. -- -- "www.overstock.com" -- "www.angieslist.com" -- -- "Missing Money Free Search for Unclaimed Property - Officially endorsed By The States" -- -- "Email Marketing Solutions from Constant Contact" -- -- "The Skandalaris Center for Entrepreneurial Studies" -- -- "Lord! We know what we are, but we know not what we may be." -- William Shakespear -- -- "When asked, become a 'Product Developer' rather than say that you are an Inventor. --- You will get a much better feedback and that may help you insulate your ego a bit." -- James E. White --
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-- Paul Niemann runs MarketLaunchers.com, building web sites for inventors and small businesses. Visit www.marketlaunchers.com
... CLEVER QUOTE OF THE WEEK ...
-- “If you could kick the person in the pants who is responsible for most of your trouble, you wouldn't sit for a month” – Theodore Roosevelt
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-- Getting through to the decision maker
when you decide to license on your own - By Jack Lander of www.Inventor-mentor.com
-- One of the stumbling blocks to licensing on your own is getting your proposal into the hands of the decision maker. Typically, it must pass the eagle eye of the legal department in the larger companies. Or it may be reviewed by an outside law firm if submitted to midsize and small companies. In any event, all companies with any degree of sophistication have been warned by their lawyers not to review any proposal from an inventor unless the inventor signs an agreement to surrender all rights except those granted by his or her patent.
-- Thus, the first step in dealing with any company is to phone and ask if it has an agreement form that must be signed before submitting a new-product proposal. Review it. Have your patent attorney review it if in doubt. Sign it, make two copies, return one as directed, and send one along with your prototype to show that you’ve done your homework.
-- Now, you’re ready to deal with the decision maker. Who is that? The Director of Marketing in a large corporation, the President in a small corporation. If in doubt, send your proposal to the Director of Marketing. Phone the company, and ask for the correct spelling and title of the director of marketing. Never send to a title alone -- always a name and title.
-- Why not send it to the legal department? Because it may be routed to the Engineering Department for a technical review if it is a tech product. That can be the kiss of death. If your invention is really valuable, and the company should be interested, the engineers may, due to jealousy, may find imaginary flaws in it.
-- One of the horror stories we hear too often is that of a prototype being lost within the company. More often, the prototype gathers dust on someone’s desk while he or she contemplates its fate. Six months can pass, or even a year before you get a decision, a few days of which was actual review and decision making time, and the rest merely failure to prioritize.
-- Thus, be sure to get the name of the person who will be your internal contact, and get a promised date of resolution. We have found that a secretary or administrative assistant is most valuable as an internal contact. They often act as “gatekeepers” for their bosses. But when you enlist them as allies, and don’t try to take a shortcut around them, you’ll usually get what you want. So, ask if the Director of Marketing’s secretary can take on the task of answering for your prototype.
-- In any case, you can’t afford to let your prototype languish in the hands of one company. Take the initiative, and offer to leave your prototype for 30 days without charge, and after that you will invoice the company at a rate of $100 a day (set your own figures here of course) to maintain its “right of first refusal.”
-- Another possibility is to make several prototypes, and send them to a number of companies’ simultaneously. If you do this, be forthright about it, and tell each company what you have done, but don’t reveal the names of the other companies. This has the advantage of forcing a timely decision. And if a company really sees merit in your invention as a product for its customers, it won’t resent the multiple submissions.
-- Even though you’ve done everything right, and you know for certain that customers will buy your invention when it becomes a product, the majority of your submissions will be rejected. This has little to do with the merits of your invention, and more to do with politics. It’s safe to reject, and risky to license. It has been said that four out of five new products taken to market by large companies fail. Why would an executive want to risk his reputation on a failure that is likely to be his new-product venture’s fate?
-- What is the antidote to rejection? Quantity. Licensing is a numbers game. Whether dealing one-by-one, or several submissions in parallel, you may have to go to 25 or more companies before you land your licensee. Persistence is key. Sales persistence is not the strong suit of most creative people, inventors included. But the serious inventor will promise himself that he will see the venture through to its successful end. It’s not walking a mile barefoot over broken glass after all. It’s simply taking each “no” as being one step closer to the ultimate “yes.”
# # #
-- Jack Lander is a mentor to inventors, as well as a seasoned inventor with 13 patents and always working on more. His most commercially successful patents are assigned to U.S. Surgical Corporation. Jack served as President of the United Inventors Association and is presently the Vice President of the Yankee Invention Exposition. He has been a feature columnist in Inventors' Digest magazine for the past 14 years writing the "Lander Zone." He is a published author of "How to Finance Your Invention or Great Idea," "All I Need Is Money," and more than 50 special reports for inventors. He has a wealth of knowledge and experience to guide you, and his newest book is entitled: Marketing Your Invention: a complete guide to licensing, and to marketing and selling your invention. His web site is www.inventor-mentor.com
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-- "WalMart Secrets" --
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Are you a leader or a follower? -- --- ---- ---> Before the War, the Chief of the Tribe walked ahead of his five wives. -- --- ---- ---> During the war the wives preceded him when he learned about the exploding landmines.
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--> Harris Business Solutions -- -- "Levine Law... Helping Your Business Prosper" - AEGIS, Mark Ryerson, Attorney - 314-454-9100 #805
Scott D. Levine
AEGIS Professional Services
#2 North Meramec
Clayton, MO 63105
(314) 454-9100 x1
(314) 454-9110 (fax)
www.aegisps.com
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-- "Inventor Help for Marketing & Licensing New Inventions & New Product Ideas" -- "Incorporate Online, Incorporation Services, LLC, Trademark | MyCorporation.com" --> >
--> > One of the Simplest Marketing Tools
One of the most powerful, yet ignored, weapons in any businesses' marketing arsenal is their business card. The business card is more than just a piece of paper with a company's logo and a person's contact details. Business cards are now considered a critical contact point of companies to the world.
Today, most companies consider their business card a marketing tool. The card is an advertisement that communicates not just their employee's contact details, but also the overall image of the business. An artistic, glossy card, for example, would give an impression of a company that values individuality and creativity. Traditional, conservative-looking business cards scream an old traditional corporate atmosphere. In business people do not judge a book by its cover; they judge a company by its business card. Broadcasting such a large amount of information about your business on such a small platform makes the card important for business of all sizes. Utilizing this tiny tool will enhance your business's networking strategy in many ways.
Business cards serve as great ice breakers. The exchange of business cards with potential customers is a painless method for breaking the ice in new relationships. Your business card divulges what you are selling. It should be made perfectly clear on the card what you have to offer. Often, a company name by itself does not accomplish this fundamental mission. However, a descriptive catchphrase on a business card can effectively do the trick.
Your business card is a treasure trove of contact information. Multiple ways to contact you are recommended, including phone number, cell phone number, email, and a physical address. Since your business card often makes that all-important first impression, it is essential that your card is effective, informative and impressive. Avoid the mundane. While the information on business cards is fundamental, their appearance is paramount. Stock, design, and ink colors all matter. In every kind of business undertaking, you want to stand out from the pack and give yourself an edge. Start with your business card.
------------------------------------------------------------- -- "If you think education is expensive, try ignorance." -- Peter Drucker In his opening remarks, former Acting Director Dudas noted, "..in the United States, IP industries represent the largest single sector of the economy - accounting for almost 5% of the gross domestic product. In addition, as of 2002, 4.3 million citizens were employed by the intellectual property-depended sector and more than 50% of U.S. exports now depend on some form of Intellectual Property protection." -- GDP is the value of all goods and services produced in the United States and is the best barometer of the country’s economic health.
-- Stocks & economy - "Economy at 'maximum recession stress'" -- -- "In China the Chinese food is refered to as food." -- David Leterman :-)) -- "Questions to ask a prospective China manufacturer(tm)" -- by Edith Tolchin -- "The Road to Offshore Manufacturing.doc" -- -- "EGT Global Trading -- Edie Tolchin" -- -- Edith G. Tolchin specializes in inventions of textiles and sewn-items, baby & fashion accessories, arts & crafts, and unique household articles.
Over thirty years of experience in cost-cutting solutions for International Trade and Shipping! Edith G. Tolchin gladly arranges seminars and speaking engagements on the topics of "Importing A to Z(tm)" and "Offshore Manufacturing for Inventors(tm)." Ms. Tolchin also holds a U.S. Customs Broker License.
-- "Off Shore" -- ---------------------------------------> > -- "Don Debelak's One Stop Invention Shop - Developing Ideas Without Spending a Fortune - Helping Inventors Bring their Inventions to Market" -- >---------------------------------------> >
--> > A Checklist of Questions to Ask a Prospective Manufacturer --
-- "Before you can decide whether your company has a profitable product or position for investors, you need to figure out how much it will cost to make it. This holds true whether your product is a complex software applicaton or a simple plastic molded product.
-- Remember that manufacturing/programming costs are only a starting point in determining the overall expenses for producing your product (don’t forget about shipping, advertising, packaging, insurance, and so on). These are all steps in the distribution chain you need to take into account to get your product to consumers.
-- Generally, costs to directly manufacture your product should be no more than 25 percent of your retail selling price, and the total distribution costs should be no more than 50-60%.
This means that you must ask prospective manufacturers specific and pointed questions in order to identify any hidden costs and make sure they can deliver the quality you need.
-- Approach all potential new manufacturers as if they are interviewing to become your partner, because in essence, they are. You are looking for a partner who will be responsible for producing a high-quality product at a competitive price with on-time delivery. Be selective and make sure it is a partnership that can last.
-- Here are a few questions you can ask, beyond cost per unit, to help you compare various manufacturers who may be considering producing your product, whether you are manufacturing a product domestically or overseas:
* What types of products do you generally make? -- There are many types of manufacturers that specialize in the production of everything from heavy machinery to plastic molded items, chemical formulations to electronics, tools to mechanical devices—to name just a few. To find a manufacturer that has expertise in making your type of product, search www.thomasnet.com or www.alibaba.com
* Are you familiar with quality control standards in my industry and the type of quality control testing that will need to be done on my product? -- In the world of manufacturing, experience can translate into savings. A manufacturer who is familiar with your industry as well as with working with the materials you plan on using will know the effective shortcuts that don’t compromise quality. As an added benefit, they’ll probably be familiar with standards and regulations within your industry. In short, simply comparing cost quotes may not give you all the information you need to determine whether a particular manufacturer is valuable to you.
* Are you familiar with quality and safety standards for my product or industry? -- A manufacturer with this knowledge and experience may be worth more to you than one who quotes you the lowest cost. The savings will be in time and research. However, it is ultimately your responsibility to become familiar with, and independently verify, applicable standards (such as “UL” standards for electrical products).
* What types of materials and processes do you most commonly use? What materials and processes would you suggest for my product? -- Manufacturers have varying levels of expertise in working with various materials. Moreover, it is possible that your invention may be made from a range of materials (plastic, metals, textiles, rubbers, and synthetic materials). If your invention involves textiles, it’s important to ask questions and obtain samples in order to test for qualities such as laundering and resiliency. Similarly, if you’re working with plastics, it’s important to find out about all the types or grades of plastics and the qualities of each (resiliency, cost, biodegradability, dishwasher safety, and so on).
* What is your minimum production run? -- You may not have the funds for large production runs in the early phases and may not have the capacity to warehouse them. Is the manufacturer willing and able to adapt to your changing needs as you begin ramping up your marketing efforts? In seeking sources for manufacturing, try to estimate the quantities you’re expecting to sell as you enter the market, and what your production needs might be if your invention proves to be successful. Ask the manufacturer about quotes for different-size runs (2,000 units versus 10,000 units versus 100,000, for example).
* How will you charge for samples? How many are you able to provide to me?br> -- Good quality samples are important to getting initial purchase orders. Ask at the outset when the manufacturer can provide them, how many, and at what cost.
* Do you produce product packaging and at what cost? What type of packaging recommended? -- Ask about the costs of various options and be sure to figure the cost of packaging into your total manufacturing costs, and to obtain packaging samples as well.
* What are your payment terms? -- Generally speaking, most new relationships begin with payment up front. However, good payment terms may open up a number of possibilities and marketing strategies. For example, many inventors have been able to launch products without up-front cash by finding manufacturers who are willing to extend credit terms to them. For example, if you get a signed purchase order with a major retailer agreeing to pay you in 30 days, and have 90 days to pay the manufacturer, you are able to pay the manufacturer directly from the sales proceeds without any other type of loan or financing.
* What is your policy with regard to defective products and returned products? -- Find out if and how your manufacturer will reimburse you for defective products, including shipping costs associated with returns and replacements. Also try to negotiate with the manufacturer to guarantee that if an agreed-upon percentage (say, 5 percent) is damaged, they will do a new production run.
-- Always look at your product and be receptive to what can be changed to improve its quality and make it more appealing to the future user. Likewise, be open to improvements or changes that can make your invention less expensive to produce. It is helpful to get some input from a manufacturer early on. Your goal is to identify alternative, lower-cost, higher-quality ways to make your product and to ask others to do the same. -- Manufacturers, whether domestic or overseas, will tend to produce what you give them. If you give them a talking dog dish to manufacture, they will give you back a talking dog dish. They won’t necessarily tell you ways in which your dish could be made for half the cost or with improved sound quality, or made more visually appealing for consumers, unless you ask for their assistance. By working with manufacturers who specialize in your industry or product type, you gain from their experience and expertise.
-- A Final Tip: Consider Both Long and Short Term Costs: -- Be sure to ask your manufacturer to help you consider the long and short-term economics of using a particular process. For example, an aluminum mold may be less costly than a durable steel mold, but if you’re going to make a large quantity over a long period, a steel mold with multiple cavities will produce less expensive parts when you actually calculate the cost of the mold per part. If your goal is to present your concept, and you’re not yet at the mass production stage, it may make sense to forego the mold altogether and go with a rapid prototype." -- Jill Gilbert Welytok ------------------------------------------------------------------------------------> >
-- "Celebritize Yourself" -- -- Prepare for the future; never think about the mistakes you made; you got through, you're alive, get over it; think about the mistakes you will make, because you may not be so lucky the next time. -- Healthcare Plan for those finding themselves now out of work. -- "The Take Care Recovery Plan
provides care you can count on.
Sacrificing quality healthcare for you and your family should never be an option. As a healthcare provider, we see the effects of a struggling economy on the patients and neighborhoods we serve.
That's why we've created the Take Care Recovery Plan to help our current and future patients*. It provides access to free healthcare visits for our patients, and their families, who have lost their jobs and are uninsured.
We hope just knowing you have a place to turn in tough times will help relieve some of the strain of a sudden loss of income. You can't put a price on peace of mind. The Take Care Recovery Plan promises you won't have to." - Walgreens
-->> Inventors Association of St. Louis (IASL) --> Membership is $35 for the first year and $25 each year there-after. Dues and donations are tax deductible. Meetings are open to the public. You may bring your friends and guests. Our meeting is informal and you will feel comfortable among fellow "idea people." -- --> Guest Speakers at IASL Meetings --
-- -- "Fergason Patent Properties LLC | Liquid Crystals and Intellectual Properties"
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"This 'great idea' pops into your head and you begin to think ... 1 Thinking is Critical 2 Evaluation is Next for you 3 Qualifying follows 4 Justifying is Next 5 Fulfilling or Ending it altogether 6 Continued Modification 7 Thinking 8 Thinking 9 Thinking And Another Great Idea !!
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-- Read all the data found throughout this IASL webpage. -- -- Consider this fact, "Does It Work?" or are you wasting money buying a new invention shown on tv? --> -- It's your choice for the "Best As Seen On TV"
As Seen On TV CRITERIA Invention Contest and Product Search" --
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-- This 'great idea' pops into your head and you think, "Maybe, somebody else thought of this thing way before me?" ?? R-i-g-h-t -- -- "If it was any good, I think somebody else would've come out with it?" & "Even if I did make it to sell, where would I ever sell it?" ?? "Yeah..someday when I have time, I..." -- Go to: --> "Make Life Easier" and "Home Trends" and order their catalogs. Might help? It's a thought. -- This won't hurt. Keep your healthful ways with "Dr. Leonard's - America's Leading Discount Healthcare Catalog" -- "Collections Etc Online - Every Item $20.00 or less" *Recognized as the 2nd fastest growing major catalog company in the country!
-- A tribute to inventive ultra-gadgetry @ --> "CarolWright Gifts" and "Sky Mall" -- "Unique gifts, top quality functional products for the home: Hammacher Schlemmer" -- Lee Valley & Veritas Tool for Tools and Hardware -- -- And for a range of gadgets -- you'll find them: @ --> "Brookstone" and ModelExpo Tools and Kits-- "Mobile Shopping's First Christmas - BusinessWeek" -- "1001Shops are an internet retailer specializing in unique high-end specialty
products." -- Marina Chernyak, Co-Owner
1001Shops,LLC - 248.592.9745 --
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-- Everyday Edisons Now Available on DVD Exclusively at Edison Nation
-- The Edison Nation online store is now open!
Click here to purchase the Everyday Edisons boxed DVD set and to shop for many of the products developed on Everyday Edisons.
New Gold Member Benefit: Gold Members receive free shipping and special discounted pricing in the Edison Nation Store!
---------------------------------------------------------------------> >
PBS Anounces its next Inventor Casting Call!
Our friends at Everyday Edisons on PBS are back for a 4th season of their one of a kind inventor show. Here's the scoop....now get out there and invent something!
Everyday Edisons is back. The Emmy® award-winning reality series, featuring "ordinary people with extraordinary ideas," is back for more for Season 4
Remember the 5 a.m. wake-up calls from previous seasons' casting calls? Or spending your Saturday in a mile-long line (and a 10-hour wait!) in a fluorescent-filled convention center? This time around, Everyday Edisons is coming to you and casting Season 4 online at Edison Nation.
We will pick 10 outstanding innovations. All it takes is a great idea. Give yours a shot at success and find out if you have what it takes to become an "Everyday Edison!"
What is the Everyday Edisons TV Show?
Everyday Edisons is a nationally televised, Emmy® award-winning series that shows how extraordinary ideas from ordinary people get made, manufactured, and sent to store shelves. Everyday Edisons airs on public television stations in the United States and Canada. Please check with your local PBS affiliate for air times. Everyday Edisons also airs online at www.hulu.com/everyday-edisons.
Where can I download the agreement I need to sign to participate in the casting calls?
The agreement will be signed electronically when you submit your idea to us. It is the last step in the process. You can see an example of the agreement here Casting Call Agreement
How can we reach you if we have additional questions?
The best way to reach the Everyday Edisons production staff is via e-mail: castingcalls@everydayedisons.com. We will respond to your inquiry promptly.
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-- "Worldwide Brands presents Sourcing For Independence Webinar Series!"
-- "Spencer’s – THE online source for unique and funny gifts & gift ideas." -- "Spencer's is saving the World one laugh at a time. We all have a favorite Spencer's product that has brightened our day at some point in our lives.. Remember Billy Bass? Yep, the singing, animated, wall-mounted fish that even Queen Elizabeth had on her wall (true story). How about the electronic, remote-controlled whoopie cushion?" --
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-- ACTUAL AUSTRALIAN COURT DOCKET 12659---
-- CASE OF THE PREGNANT LADY --
-- A lady about 8 months pregnant got on a bus.
She noticed the man opposite her was smiling at her.
She immediately moved to another seat.
This time the smile turned into a grin, so she moved again.
The man seemed more amused. When on the fourth move, the man burst out laughing, she complained to the driver and he had the man arrested.
-- The case came up in court. The judge asked the man (about 20 years old) what he had to say for himself. The man replied, "Well your Honor, it was like this, when the lady got on the bus, I couldn't help but notice her condition. She sat down under a sign that said, 'The Double Mint Twins are coming' and I grinned.
-- Then she moved and sat under a sign that said, 'Logan's Liniment will reduce the swelling,' and I had to smile. Then she placed herself under a deodorant sign that said, "William's Big Stick Did the Trick," and I could hardly contain myself.
-- But, Your Honor, when She moved the fourth time and sat under a sign that said, 'Goodyear Rubber could have prevented this Accident'... I just lost it."
-- "CASE DISMISSED!!"
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"Those who have pen in hand can write themselves a good year." - A.S.
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-- "Calling customer support? Get a human" -- -- An open mind, willing to learn that: "Hard work has a future payoff. Lazyness pays off now."-- "It usually takes a long time to find a shorter way." - Unknown -- THE BIG IDEA Newsletter On-Line -- -- Please pass the word that our printed "The Big Idea" Newsletter has moved from a bi-monthly mail-out to where you are presently reading. - It's for the better. -- Why? -- It became obvious to me that everything was futuristic and focused on electronic communication. -- That is the reason why I created this very IASL Website...and after many months of daily tweaking, this website is by far the finest website for inventors in the Nation. After all, it quotes everything that is already out there that is good on the Web. Why re-invent the wheel? - It is pure information without paying sponsors. It is as current as I can find newer information for it. -- IT IS MY INVENTION, for no other has attempted deep-hyperlinking the art of invention as I have. -- Don't you attempt to do the same, because: (a) An educational non-profit association can have this right under the law. (b) Parody and criticism are allowed through the copyright law. (c) Legislators may be contemplating a law concerning 'the avoiding of pop-ups and paid banners' through deep-hyperlinking. (d) This IASL website carries no malice towards the verbalization of its service providers. We have edited statements to fit our purpose and space. -> -- And the final reason The Big Idea Newsletter has gone on to the Internet: It's cheaper than using the U.S. Mails ;-) -- -- -- Believing that curiosity will enlighten the mind, we will pass-through information to try to stimulate your brain. -- "Webfetti - Add FREE Customized Layouts, Generators, Graphics and Bling" -- -- UIAUSA Non Profit and Government Resources for Inventors --
-- "Quantcast US Site Rankings for sites 750,101-750,200" --
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Come to think of it, - "No matter what changes are made, there will always be that 5% at the bottom of the Bell Curve." -- R.S.
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-- "Why These Issues Matter | Public Knowledge" -- "Copyright Quake Hits California" -- --> When researching the United States Patent and Trademark Office (USPTO), @ --> www.uspto.gov - go first to "Inventors Resources and Information" through the "Site Index" by using the letter "I" at the top of the page. - Then to other areas - such as, "News and Notices"-- "Patently Silly - The Humor of Invention - presented by Daniel Wright" --
-- and "The Entrepreneur Network"
-- to Accessory Brainstorms "Fashion Invention Licensing Agent, Marketer and Consultant" -- -- "Small Business & Entrepreneurship Council" -- "Work-at-Home-Business.com - Work at Home Opportunity Education" -- "Small Business Administration - STARTUP" -- Keep this in mind when you are first presenting your invention to your buyer: -- "Just tell them "what it does" -- you don't have to tell them "how it works" -- (the only thing that is patentable). If they are not interested in the "What," they could care less about the "How." If they are interested in the "What," then you might have something they actually want." -- Rodney Long,
Inventor of the Mojo SpecTastic "WIGGLE" rig, SpecTastic Thread, Nutri Shield insect repellent, Stand Out Hooks, Stand Out Lures, Mojo's Rock Hopper & Rig Saver weights, and the EZKnot http://www.ezknot.com -- And, "Marketing Your Invention, 2nd Edition, by Thomas E. Mosley, Jr.," -- Marketing Your Invention is no longer being published, but it still may be found in libraries and in aftermarket book sales.
-- "Amazon.com: Reviews for Marketing Your Invention" -- Get this book instead: "Complete Idiot's Guide to Cashing In On Your Inventions, Second Edition" -- by Richard C. Levy -- This NEWER ADDITION came out JUNE 1ST, 2010 -- -- "Real expertise is here! The Complete Idiot’s Guide® to Cashing in On Your Inventions, Second Edition, explains each step of the process in practical, plain English. You get...
* A highly-successful inventor’s proven personal strategies for growing your seed of an idea into a money tree.
* Real-world guidance on applying for patents, trademarks, and copyright protection.
* Invaluable licensing contract templates for reducing your legal expenses.
* Helpful advice on whether to license your invention or take it to market yourself.
* The ins and outs of prototyping and production and how to avoid potential pitfalls.
* Insider tips on tapping into the resources of the Federal government.
* Imaginative ideas for creating a powerful pitch package that puts your product in the best light.
* Common sense ways to avoid being scammed by unscrupulous people out to rip you off and steal your idea.
Guide -- And for a review on the earlier edition in depth, go to: --> Review -- Until he dives into new territory that is not well covered in other inventor books. The chapters on plant patents, design patents, trade secrets, government resources, and toy inventing all shine. In fact the price of the book is well worth it just for the secrets to breaking into the toy industry revealed on page 300 not to mention the 3 pages of listings of toy manufacturers that are receptive to independent inventor submissions. http://www.booksforinventors.com/
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KILL BILL S. 1145
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-- The US has a first to invent system and therefore, recognizes the date of invention when determining which inventor invented first. All other countries have a first to file system which rely on the filing date of the application to determine which inventor was the first to file and therefore, entitled to a patent. -- Let’s Play the Patent Legislation Card game ** ** PLEASE SPREAD THE MESSAGE ** --
Teetering in the balance, hanging by the barest of threads, are your inventor rights, and the rights of future generations of inventors and citizens born in the USA, to create, invent and benefit/profit from their/your inventions and intellectual property. This issue is really that serious.....
-- The Latest USPTO Update - August 20, 2007 -- "Claims and Continuations Practice - Final Rule" -- --> Patent Reform Act of 2007 -- -- "Patent System's Revamp Hits Wall" --
PATENT REFORM ACT OF 2007:
There are two bills under the title of the "Patent Reform Act of 2007" that are being voted on right now in Congress.
One already passed the House, bill H.R. 1908, and the other one is in the Senate and is on the verge of being voted on anytime, now. The Senate's version of the same bill is titled S. 1145 and all indicators look like it will pass.
The rights granted to "individuals" as stated in the U.S. Constitution will be expunged.
The U.S. Constitution, signed on September 17, 1787, states in Article 1, Section 8, Clause 8 that Congress shall have the 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."
The patent laws regarding how individuals will obtain patents and the patent process are being fundamentally changed which will impede independent inventors. This is being done with little or no input from inventors, inventor organizations, or the invention community at large.
KILL BILL S. 1145:
With a couple of mouse clicks and a few minutes of your time, you could make the pivotal difference (the tipping point can be as few as 100 people contacting their senators to turn the tide) to Kill Bill: S. 1145. I've made this really easy for you to reply to your Senators, e.g.,
==========================================
McCaskill, Claire- (D - MO) Class I
717 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6154
David Toomey handles patent matters ; =======================================
Blunt, Roy - (R - MO) Class III
B40C DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5721
Downey Palmer handles patent matters
=======================================; and Senator Richard J. Durbin : Illinois; I've created a sample email guide/outline, and an EZ, simple and quick way to find your Senators and congressmen. This information can be found at the INVENTORS' VOICE TM blog at inventorsvoice.blogspot.com
FIRST-TO-FILE:
Any one of the issues in bill "S. 1145", alone, would be a major change to the U.S. patent system that could negatively affect inventors from being granted a patent. Many of the proposed changes in the two bills are tied-in to the worldwide "first-to-file" system. This first-to-file "package of issues" , along with the infringement issues, will destroy the intrinsic incentives and original intention of the U.S. 200-year old patent system, the U.S. "First-to-Invent" which favors the creator i.e. inventor.
ELIMINATING THE LEVEL PLAYING FIELD:
If you've ever played tennis, it would be as if the inventor's side of the tennis court was designed on a pitch (a slant), but multinationals would have a normal level court. Who do you think is going to win the tennis match when the court has been designed with the idea that it's not a level playing field With these proposed bills, this is what would happen - the gutting of the U.S. patent system.
PLEASE TAKE ACTION NOW!:
You must make your voice heard NOW in order to stop the bills. This is TIME SENSITIVE. Your action is needed NOW! INVENTORS' VOICE TM blog at inventorsvoice.blogspot.com
PLEASE SPREAD THE MESSAGE:
This issue affects all citizens, not just inventors, as well as future generations. Even if someone you know isn't an inventor today, everybody gets ideas at some point in their life. It's important to maintain the rights of the inventor, which was written into the U.S. Constitution by our forefathers, for all Americans.
Email your mothers, fathers, brothers, sisters, relatives, friends, etc. to spread the word through an email viral approach. If you have any questions at all, feel free to email us and we'll get back to you as soon as we're able to.
Sincerely,
Stephen Paul Gnass
-- "A Hollywood inventor protests the patent bill - Jul. 3, 2007" -- -- It is a proposal to dramatically diminish a constitutionally protected right by fundamentally altering America's patent system. AMERICAN PATENT LAW (110-h20070904-56) -- -- "U.S. CAN'T AFFORD TO MAR INOVATION - Proposed patent reforms mean less protection for the underdog." -- -- "The patent act is a cheat on Americans" by Phyllis Schlafly -- -- "So-called patent reform cheats U.S. inventors"
by Phyllis Schlafly -- -- "IN THE LAND OF THE BLIND
THE ONE EYED MAN IS KING”
By George Margolin -- an American Inventor --
-- "Media Advisory, 08-05" --
-- "sen mccaskill paper_2.doc" -- -- Update: April 10, 2008: About a quarter past 10 AM today Senator Arlen Specter (R) announced on
Cspan that so called Patent Reform legislation was being held hostage
over the judicial nominees. Yesterday he withdrew his support for the
Patent Reform bill.
During the last session of Congress the Republican party faced a no win
situation with patent reform. Today the Democrats also face a no win
situation with Patent Reform due to labor's growing opposition.
I have to take my hat off to whoever conceived of this tactic to dump
Patent Deform legislation. It is brilliant and I am more than a bit
peeved that I did not think of this.
Everyone gets rid of a hot potato and in the process the Republicans
gain leverage in addition to getting rid of a bill which no one except a
handful of legislators who have milked the Coalition for Patent fairness
& Piracy really wants.
Ronald J. Riley,
Speaking only on my own behalf.
Affiliations:
President - www.PIAUSA.org - RJR at PIAUSA.org
Executive Director - www.InventorEd.org - RJR at InvEd.org
Senior Fellow - www.patentPolicy.org
President - Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased
founder Paul Heckel
Washington, DC
Direct (202) 318-1595 - 9 am to 9 pm EST.
-- Update: April 10, 2008 -- "Senator Reid announced about 6:30 PM on the Senate floor that due to the disagreement on the bill that it will not be addressed this session."
Ronald J. Riley
-- "InventorsEye | Feb 2010 -- "4. First inventor is a false debate
There is a big misconception regarding “First Inventor To File” and I want to clear it up. The new process is not a “First To File” system; it is a “First Inventor To File” system and that is an important distinction. There has been concern in the independent inventor community that the new process will make it easier for an interloper to learn of your invention and beat you to the patent office with an application. Under the “First Inventor To File” system there is no risk of this happening because the interloper is not an inventor. All filers have to sign an oath and declaration under penalty of criminal sanctions." -- "Bill Summary & Status - 112th Congress (2011 - 2012) - S.23 - All Information - THOMAS (Library of Congress)" --
========================================== -- "BILLS-112s23is.pdf" --
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-- "I always like to point out that harmonization is fine, but why can’t we do what makes for a good system and not just what everyone else does. Lets harmonize what the world does better and lets lobby the world to adopt what our system clearly gets right."
-- "In short, I see no reason why we cannot have a first inventor to file system that does away with Interference proceedings, awards patents to the first inventor who files a patent application but which also preserves a 12 month grace period under current law." -- Written by Gene Quinn
President & Founder of IPWatchdog, Inc.
Patent Attorney, Reg. No. 44,294
Posted: February 27, 2011 @ 12:24 pm
========================================== -- "Protect Small-Business Innovation - Oppose Patent Reform!" --
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-- "Analyzing Patent Reform Chances and the First to File Provisions | IPWatchdog.com | Patents & Patent Law" --
========================================== -- "Patent Docs: Boundy Issues Call to Arms on America Invents Act" --
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-- "YouTube - The America Invents Act will harm America - 2011 Patent Reform" --
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http://truereform.piausa.org/ for a different/opposing view on patent reform
http://www.ieeeusa.org/policy/policy/2011/032911.pdf
-- "A patent reform act that?s NUTS | Sane Patent Reform" --
-- "Government Patent Bill H.R.1249 « AOIA.org" --
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The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results
Bill Summary & Status
112th Congress (2011 - 2012)
H.R.1249
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H.R.1249
Latest Title: America Invents Act
Sponsor: Rep Smith, Lamar [TX-21] (introduced 3/30/2011) Cosponsors (5)
Related Bills: H.RES.316, H.R.243, S.23, S.139
Latest Major Action: 6/23/2011 Passed/agreed to in House. Status: On passage Passed by recorded vote: 304 - 117 (Roll no. 491).
Latest Action: 6/23/2011 The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1249.
House Reports: 112-98 Part 1
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AUTHORIZING THE CLERK TO MAKE CORRECTIONS IN ENGROSSMENT OF H.R. 1249, AMERICA INVENTS ACT -- (House of Representatives - June 23, 2011)
[Page: H4505] GPO's PDF
--- Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that the clerk be authorized to make technical corrections in the engrossment of H.R. 1249, to include corrections in spelling, punctuation, section numbering and cross-referencing, the insertion of appropriate headings, and the insertion of the word ``written'' in the appropriate place in the instruction in amendment No. 1 to strike material on lines 23 through 25 on page 114.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas?
There was no objection.
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--
"Leahy-Smith America Invents Act" -- IMPLEMENTATION
"..the USPTO would like to proactively engage with the public to best prepare for the timely and effective implementation of the legislation should it be enacted."
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From: Randy Landreneau
Date: Thursday, June 23, 2011 10:54 PM
Dear Friends,
As predicted, they did push it through to a vote today, and the bill was passed. It will have to go back through the Senate now. I will confer with my colleagues and let you know what the plan is to stop it. They have won a battle, a big one, but not the entire war.
Thank you for your support.
Best Regards,
Randy Landreneau, President
Complete Product Development
www.CompleteProductDevelopment.com
727-744-3748
==============================================
From: Bruce Burdick
Subject: Re: HR 1249 endgame
Date: Saturday, July 23, 2011 1:21 AM
Leahy is pushing for the Senate to just adopt HR1249. Blunt is our enemy and is supporting FTF and Big Business.
McCaskill is our enemy on FTF as she is following the Administration's lead. http://www.govtrack.us/congress/vote.xpd?vote=s2011-31
What do you hope to gain talking to Blunt or McCaskill or their staffers, except possibly status ? You don't really think you are going to change their votes do you?
Your "source" is missing the best mode information on the best mode provision of HR1249. Section 15 of HR1249 would eliminate failure to disclose best mode as a basis for invalidity or unenforceability. That heavily favors big business, particularly Big Software, which is much more likely to have lots of modes and which routinely chose secrecy for their best modes when patentability of software was in question. Big Software knows it concealed its preferred versions and disclosed mostly third rate versions. In fact, Section 15 of HR1249 is part of Big Software trying to avoid attacks on their patents for their choice of trade secrecy for their best software inventions. This distortion of the current law proposed by big business hugely favors Big Software, which is why it is in this bill. It won't aid patent applicants, it will aid Big Software patent enforcers and Big Software defendants in patent infringement cases. As I read it, it does not modify 35 USC 112. It merely takes that grounds of attack on a patent out of the hands of an infringement defendant and out of a re-exam since Big Software is at risk of losing many of their patents on the basis of failure to disclose best mode because Big Software routinely hid the best mode and protected it instead by trade secrecy. Big Software needs this loophole because if they are able to use secret prior art as a defense to patent infringement, they want to be able to disclose the best modes they kept secret without losing their patents when the secret prior art they use as a defense is the undisclosed best mode of one of their patents, as it will very likely be. Otherwise, they will have to kill their own patents to defeat third party patents. To say this may favor patent applicants shows lack of understanding of what is really going on with this bill.
Bruce Burdick
BURDICK LAW FIRM, 3656 Western Ave., Alton, IL 62002
beb@burdlaw.com www.burdlaw.com 618-462-3450 Fax 618-208-1712
My email policy is posted at www.burdlaw.com/webwarn.htm
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S23 passed Senate 95-5 on 3/10/2011, HR 1249 passed House 304-117 on 6/21/2011
"America Invents Act" - dramatic change of US patent law into first to file system
Adjust your patent strategy accordingly!
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To: rlinventor@verizon.net
From: Randy Landreneau
Subject: Urgent - America Invents Act
Date: Wednesday, August 31, 2011 11:00 PM
Dear Inventors,
The Senate is about to take up the America Invents Act. It is possible that this act will be the first thing addressed when they return to work Tuesday next week, September 6th. A motion for cloture has been filed, which means a very limited debate if the motion gets a three fifths vote. In this event, we could see the final vote on the bill take place next week. Here’s the short version of what is wrong with the bill.
1. The America Invents Act Will Increase The Time It Takes To Get A Patent: The biggest problem of the patent office, some say the only problem, is the time it takes to get a patent – 3 years plus on average and increasing. Held-up patents mean held-up jobs, business ventures, and dreams. At a time when the patent office needs every penny it receives in fees to improve its ability to handle its workload, fees are being stolen by Congress ($100 million this year alone!). The only thing in the bill that would have helped reduce the backlog was the original Senate version’s guarantee that all of the fees paid by inventors to the patent office would be only available to the patent office. The current House version put the Appropriations Committee back in charge, the same group that has been responsible for taking inventors fees. In the face of current deficits, fee diversion will undoubtedly continue. The only thing that would have helped reduce the patent backlog is gone now.
The change from First-to-Invent to First-to-File will create a rush to file that will increase the patent backlog, further increasing the time it takes to get a patent. This belief is borne out by what happened in Canada after a similar change.
2. The America Invents Act will Reduce Job Creation: Census data has shown that net new job creation in the US over the last 30 years comes from startups. Large companies tend to export jobs. If you compare the US to Europe, you know that the US has had more entrepreneurial activity than Europe. The US has produced more groundbreaking technologies. The First-to-Invent Patent System of America supports entrepreneurship and the First-to-File systems of Europe do not.
In a First-to-File system, the risk of another person filing for the patent before the initial inventor causes inventors to have to greatly reduce any communication with outside parties regarding their inventions. Individual inventors, who are the greatest source of real innovation, usually need to work with others in research, development, funding, and marketing prior to filing for a patent. Large companies, on the other hand, can often do everything needed within their walls. In America, historically, an individual inventor could work toward making an invention successful without having to be nearly as secretive as a European inventor. In First-to-File countries, inventors have a great incentive to not disclose an invention to anyone prior to a patent application being filed, leading to under-researched, under-developed inventions, and weaker patent applications. Putting such burdens on individual inventors greatly reduces innovation. This is a big reason why America has had a multitude of new technologies and new companies while Europe has been dominated by old companies and vested interests.
A friend who was an engineer at a large, well-known electronics company in America told me that if any employee came up with an invention that was too good, it got shelved. The reason was that it would upset current product lines that are profitable. Vested interests do not want someone coming up with an invention that will compete with them. This is why large companies have been trying to change our patent system for many years. The irony is that many of the large companies supporting this bill can be traced back to one innovative individual who was supported by the American First-to-Invent Patent System in his pursuit of the American Dream. If innovation and job growth are the goal, changing from First-to-Invent to First-to-File makes no sense at all.
3. There is much more. Corporate attorneys will have an additional expensive procedure to use to challenge issued patents and will use it to wear down and defeat potential competition. Past requirements that attorneys and inventors act “without deceptive intent” are repealed in the bill (!). Companies will be able to keep trade secrets for as long as they want, hiding the information from the rest of the world, but still retain the right to keep making or using the product if someone else patents the invention, and will even be able to get a patent on the Trade Secret at any point in the future. Harmonization is not only not accomplished with the bill, but there are situations where the bill creates disadvantages for American inventors relative to inventors from other countries (prior art cutoff date for obviousness). Section 18 sets up a special procedure for challenging the validity of business method patents, under a weaker standard than any other kind of patent (a gift to big banks so they don’t have to worry about the valid patent of Claudio Ballard – if you don’t know the story, look it up and prepare to be outraged). If you want more, go to www.SanePatentReform.org. If all of the above weren’t enough, Thomas Jefferson, himself, opposed a similar change to First-to-File over 200 years ago, and many legal experts have stated that the proposed change is unconstitutional.
As usual, the odds are against us. But that has been the case with virtually every decent effort any man or woman ever embarked upon. Many saints were viciously killed by their numerous detractors. Since we’re inventors, how about Galileo? For publicizing his discoveries, he was tried for heresy by the Inquisition, threatened with torture, sentenced to house arrest for life, and not even absolved of his “crimes” until 1992! You may not know that in our American Revolution, only about 1/3rd of the colonists were even for it. The odds were phenomenally bad. We won only through the efforts of heroic individuals, and we can win again here.
The America Invents Act is an example of the worst of politics and influence. The result of its passage will be less innovation, fewer jobs, and a worse future for America. But amazingly, many of the politicians who are about to vote on it know very little about it. Their large company supporters are saying to vote for it, and the few of us fighting it are being drowned out. The only way we can stop it is to call our Senators and educate them. I am convinced that most of our Senators are sane enough to understand the issues if someone tells them. Please call your senators and communicate the truth to them. You can make a difference. Do it because it is right. Help defeat this bill. Call this week (to find your Senators, go to http://congressmerge.com/onlinedb/). Don’t wait, it could be too late. Thank you.
Best Regards,
Randy Landreneau, President
Complete Product Development
www.CompleteProductDevelopment.com
727-744-3748
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-- "U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote
Date: Wednesday, September 7, 2011 10:18 AM" --
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-- "Two-Minute Survey" -- =========================================================================================================
To: rlinventor@verizon.net
From: Randy Landreneau
Subject: America Invents
Date: Thursday, September 8, 2011 10:35 PM
Dear Friends,
We came close to getting the Coburn Amendment passed (to stop Fee Diversion and possibly stop the bill). We barely lost – 48 to 50. The overall bill was then voted on and passed.
Some of the features of the bill will become effective sooner than others. I read, but cannot confirm at this time, that the change to First-to-File will be 18 months after enactment of the bill.
I am confident that, at some point, it will become obvious that this was a mistake. As time passes, please forward me any information about the unworkability of this legislation that could be used in a real patent reform effort.
Best Regards,
Randy Landreneau, President
Complete Product Development
www.CompleteProductDevelopment.com
727-744-3748
===============================================
From: Charles McCloskey
Subject: HR1249
Date: Wednesday, September 14, 2011 5:10 PM
Dear Bob:
Look what Congress put into the statute:
“”SENSE OF CONGRESS.—It is the sense of the Congress that converting the United States patent system from ‘‘first to invent’’ to a system of ‘‘first inventor to file’’ will promote the progress of science and the useful arts by securing for limited times to inventors the exclusive rights to their discoveries and provide inventors with greater certainty regarding the scope of protection provided by the grant of exclusive rights to their discoveries.
SENSE OF CONGRESS.—It is the sense of the Congress that converting the United States patent system from ‘‘first to invent’’ to a system of ‘‘first inventor to file’’ will improve the United States patent system and promote harmonization of the United States patent system with the patent systems commonly used in nearly all other countries throughout the world with whom the United States conducts trade and thereby promote greater international uniformity and certainty in the procedures used for securing the exclusive rights of inventors to their discoveries.””
Congress overtly put the writing on the wall for what they have done.
Sincerely,
Chuck
Charles C. McCloskey, LLC
www.mccloskeypatentlaw.com
patent attorney
636-527-9962 fax 314-786-1201
ccmlaw@socket.net
13321 N. Outer 40 Rd. Ste. 100
Town & Country, MO 63017
HR 1249 passed 9/8 by Senate. Look for signing ceremony date next. America Invents Act - dramatic change of US patent law into first to file system
Adjust your patent strategy accordingly!
===============================================
To: ccmlaw@socket.net
Cc: Robert Scheinkman, Steve
From: Bruce Burdick
Subject: Re: HR1249
Date: Friday, September 16, 2011 11:28 PM
Chuck, what Congress was doing with that language is trying to prevent the law from being declared unconstitutional by misquoting the language of Art. 1, Sec.8, Clause 8 of the Constitution for what they are doing. That is because Leahy knows that "inventor" in the Constitution meant true inventor not first to file. They hope to confuse the Supreme Court by deliberately lieing and stating the opposite.
So, Leahy's staffers put this crap in to try to deceive the Courts and get them to uphold the law against a likely constitutional challenge. To me it was a mistake for them to add the BS about FTF giving greater certainty of scope. Anyone who knows much at all about patent claims knows whether you cheat the true inventor or reward the true inventor has nothing to do with scope of coverage but rather just with who gets the patent. As we know, scope is determined by the patent claims at the end of the patent, not the name on the front page. This just makes it obvious Congress did not know what it was doing. I hope that backfires.
On Wed, Sep 14, 2011 at 5:10 PM, Charles McCloskey wrote:
Dear Bob:
Look what Congress put into the statute:
“”7 (o) SENSE OF CONGRESS.—It is the sense of the Con8
gress that converting the United States patent system
9 from ‘‘first to invent’’ to a system of ‘‘first inventor to
10 file’’ will promote the progress of science and the useful
11 arts by securing for limited times to inventors the exclu12
sive rights to their discoveries and provide inventors with
13 greater certainty regarding the scope of protection pro14
vided by the grant of exclusive rights to their discoveries.
15 (p) SENSE OF CONGRESS.—It is the sense of the
16 Congress that converting the United States patent system
17 from ‘‘first to invent’’ to a system of ‘‘first inventor to
18 file’’ will improve the United States patent system and
19 promote harmonization of the United States patent system
20 with the patent systems commonly used in nearly all other
21 countries throughout the world with whom the United
22 States conducts trade and thereby promote greater inter23
national uniformity and certainty in the procedures used
24 for securing the exclusive rights of inventors to their dis25
coveries.””
Congress overtly put the writing on the wall for what they have done.
Sincerely,
Chuck
Charles C. McCloskey, LLC
www.mccloskeypatentlaw.com
patent attorney
636-527-9962 fax 314-786-1201
ccmlaw@sockey.net
13321 N. Outer 40 Rd. Ste. 100
Town & Country, MO 63017
HR 1249 passed 9/8 by Senate. Look for signing ceremony date next. America Invents Act - dramatic change of US patent law into first to file system
Adjust your patent strategy accordingly!
--
Bruce Burdick
BURDICK LAW FIRM, 3656 Western Ave., Alton, IL 62002
beb@burdlaw.com www.burdlaw.com 618-462- 3450 Fax 618-208-1712
My email policy is posted at www.burdlaw.com/webwarn.htm
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-- "Inventors Eye: America Invents Act Signed Into Law" --
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-- "Kaltenheuser column.pdf"
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-- "The downside of patent applications - AbsolutelyNew Blog" -- -- "Is the Patent-Marking Law Unconstitutional? A Judge Says Yes" --
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