Brainstorm Patents focuses on working with individual inventors.  While a lot of inventors are leaps and bounds ahead in technical areas, they may not have a solid understanding of the patent system and what it can (and can’t) do to help them in their ever growing quest for marketability and product success.

Below is the first question in a series that aims to shed some light on the details of patent work.  I will do my best to answer everything in layman’s terms.  If you need more clarification, contact us, and we’ll be glad to help!

Question #1: I just came up with a great idea.  What should I do now?

CONGRATULATIONS! Your great idea is the beginning of a long, challenging, and oftentimes, extremely exciting and fun journey.  Did I mention LONG?  This journey will test your patience, your financial priorities, and your personal drive and commitment.  So, think long and hard before you set off on this potentially life-altering adventure….

For the sake of the blog, I’m going to use an imaginary example that I will carry throughout the process to further drive home key points and concepts.  Here goes nothing – enjoy!

I was making a peanut butter and jelly sandwich yesterday and got frustrated at how much time, how much effort, and how many resources it took to make my sandwich.  And then the best idea EVER popped into my head…A PEANUT BUTTER AND JELLY SANDWICH MAKING MACHINE!!!!!  WOW!  How did I not think of this earlier???  I was so excited that I couldn’t even finish making my PB&J.  I quickly ran to my computer and did a search for “I just came up with a great idea.  What should I do now?”  To my chagrin, nothing useful popped up.  So, I resorted to calling a friend of mine to help me chart my course to becoming a multi-millionaire.

STEP #1: After you’ve come up with a great idea, make sure it truly is a great idea!  What may be a great idea for you may not have any real world merit for anyone else.

So, I called my friend, Aaron, and told him to drop what he was doing and make a beeline for my house.  Of course, like any good friend, he told me to get a life, and then, hung up on me.  I should have seen this as a sign of things to come, but still amped up over my newfound path to fame and fortune I called him back and asked him to stop by after work.  He obliged.  Upon arrival, I asked him if he wanted a PB&J or some Kool-Aid.  Again, I got a dagger-filled look.  So, I abandoned the smooth segway approach and just blurted out, “I’m going to be RICH! I’ve invented an automatic peanut butter and jelly sandwich making machine!”  The “dagger” look was suddenly replaced with hysterical streams of laughter and tears rolling down his cheeks.   “A p-p-p-peanut butter and jelly m-m-making machine?” he stammered out between snorts and continuous episodes of raucous laughter.  At this point, I was mad, confused, and hurt.

“Aaron, what’s your problem?!!”  I shouted at him.  ”You’re supposed to be supportive and happy for a friend, not jealous!”  Needless to say, this outburst was barely heard, due to the continuing laughter.  Aaron finally contained his laughter and settled down.  He apologized for his insensitivity (albeit, only a half-hearted apology) and did offer his full support in any way I could use him.  Now that the balance in the world had been restored, I was ready to continue down the path to making millions….

The point in this first section is that first impressions are VERY important in gauging your product.  If others do not find value in it, there is a good chance that the idea may not be worth investing in.  Sure, you can convince people that there is a need, especially people that don’t want to hurt your feelings by telling you that the idea is the dumbest thing they’ve ever heard of.  That being said, make sure that you ask the proper people for their opinions (i.e., people in the industry, potential product users, etc.).  While others may provide their opinions, it is up to you to provide the fire and motivation to make your idea succeed.  Work hard and be sensible.  When an idea “has legs”, it will walk; if it doesn’t let the idea sit and move on to something more worthy of your time and efforts.

STEP #2: Immediately write down your idea, including any sketches, and have a witness sign and date your idea disclosure.

Aaron had finally made the mental switch to being a supportive friend and was ready to help.  So, I set out explaining the concept to him while I sketched it on a sheet of paper.  He asked me a few thought provoking questions concerning the peanut butter and jelly making machine.  Once I gave him the answers, I noted them on the paper along with my sketches and details of the machine.  Once the idea was laid out in front of Aaron and he fully understood, I had him sign and date the sketches as a witness.

This step may seem foolish and ridiculous, however, in the event that there is ever controversy at the United States Patent and Trademark Office (USPTO) concerning who was the first inventor of the PB&J machine this document will help establish your date of invention.

STEP #3: Take a step back, review your idea, and determine what long-term goals you have for your concept.

After ordering some pizza and watching the Dolphins lose again (Seriously, Peyton Manning, again?), it was time to get back to work on my PB&J Machine.  Aaron’s wife called and told him he had to come home and do the laundry and rub her bunions, so he left in a hurry.  Undeterred by Aaron’s fickle participation, I grabbed a composition notebook from my drawer with old school stuff in it.  I labeled the notebook “PB&J” and began writing on the first page.  While there is no doubt that the PB&J Machine is destined for glory, I did need to take a step back and give some thought as to how I was going to go from my couch to having Anthony Sullivan pitch the product to America at 2:00 in the morning….

I started by jotting down my overall goals:

• Make a million dollars
• See the PB&J machine on the shelves in big box stores
• Spawn off a whole line of proprietary peanut butters and jellies designed exclusively for the PB&J Machine
• Never have to work again

I looked at the sheet of paper and realized those were lofty goals, even for an invention as awesome as the PB&J Machine.  Obtaining these goals could be done, but definitely would not happen over night, and not without some planning and maybe a bit of luck.  So, I started detailing the path from here to there.  I started with specific intermediate goals:

• Have the PB&J Machine patented by April of next year.
• Sell 1,000 units by the end of next year
• Have 3 different peanut butter recipes and 4 different jellies ready by the end of this year.
• Build a working prototype by the end of October.

This gave me more immediate tasks to tackle on my way to my ultimate goals.  I delineated “sub-tasks” beneath each of my goals, and assigned a timeline for each.  Sure, the timeline was a bit aggressive, but I have a great idea and it’s going to make me rich if I work hard and stay committed and dedicated to the invention.  So, my composition notebook was now filled with timelines, to-do list tasks, more sketches, and my ultimate goals!  It’s not going to be easy to sleep tonight with all of this excitement, but I owe it to myself to get some rest so I can be as productive as possible tomorrow!

Next Monday, we’ll continue to chronicle the journey of the PB&J Machine through the following segments:

STEP #4: Conduct a preliminary market and patent search.

STEP #5: Consult a professional and weigh your options.

STEP #6: Market, market, market.

Please don’t hesitate to comment or call or email with any questions or general comments.  Again, this commentary is just a general introduction to working with an idea and exploring the possibilities.  Each case will have it’s differences, but we’re hoping we can help everyone get their feet wet.  Check back later this week for two different pateny blogs authored by Tyrone and Zack.