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Use Caution When Dealing With Invention Development Companies!

It is well known in the invention industry that unsuspecting and trusting inventors may be charged thousands of dollars 'up front' by certain unscrupulous invention promotion companies, with greatly exaggerated claims of what will be provided for the fees charged. Such organizations will state that they provide access to invention protection (via a patent application) and to invention promotion (including an extensive marketing plan). Generally, once they have received your money, they provide very little of value in return. Many experts agree that the simple truth is that there are few individuals who will promote an invention with the same zeal and commitment as the actual inventor.

If you want to protect an idea, it is best to start by contacting a local registered patent attorney or agent. It is strongly suggested that you insist on being able to meet with or tele-conference with the actual patent practitioner that will be writing your application. Often the inventor and practitioner work in unison to produce a quality patent application. Ask for the practitioners patent office registration number. Virtually all agents and attorneys should know this number off the top of their heads, and can quickly provide it when asked. For example, my registration number is 39,399.

The following information is very important, and should be carefully read by any person who has an invention they are considering patenting and commercializing. There is a great deal involved when taking an invention from the drawing board, through manufacturing, and into the market place.

If you have any questions regarding this document, or more generally with regard to the patenting and promoting of your invention, please feel free to contact our office for a FREE 'no-obligation' telephone consultation.

What are Invention Development Organizations?

A number of invention development firms exist that are well known by patent professionals and savvy or established inventors. These organizations promise to patent, promote, advertise and assist in the search for manufacturers to produce your invention. Many of these organizations boldly state that only a small percentage of submitted inventions are accepted (for promotion and commercialization). However, in reality, virtually all submitted inventions are quickly accepted, and substantial fees are immediately charged.

What these firms don't tell inventors is that very few (if any) of the accepted and promoted inventions are ever successfully commercialized and marketed. Further, a number of these firms certainly don't tell inventors and perspective clients that they are periodically investigated by the justice department and state governments due to numerous complaints by individuals that are charged thousands of dollars, and receive very little in return. Remember, once someone has your money, there is little incentive to fulfill difficult-to-keep promises.

Expensive television, radio and magazine adds are just that - expensive. As a result, a significant portion of the 'inventor fees' collected are directed to attract other inventors in order to collect their fee payments. Accordingly, only a small portion of the fees you give to these companies are actually applied to develop, market, and promote your invention.

Clear Signs of a Corrupt Invention Development Organization

No written record of the successful inventions developed and or promoted by the firm is available. (They may orally claim to be associated with well known successful 'nationally televised' inventions - but few will actually put such lies in writing).
No written estimate or record is readily available indicating the number of inventions submitted for evaluation, and the number of inventions subsequently accepted for promotion.
They require a large sum of money up-front. Representatives and sales persons apply significant pressure for you to send or give them money right away. Often $2000 to $10000 (or more) is requested, up front.
These companies will agree to provide a customized and personal marketing plan. Very often, these plans are filled with boilerplate rhetoric, and are written using confusing, ambiguous language. Only a few sections are customized to match your invention. These marketing plans, which are sometimes called "Invention Marketing Profiles", are typically not worth the paper they are printed on!
Plentiful reference letters from satisfied (and successful) clients are not available. Should references be provided, an inventor should take the time to visit one or more of these individuals (if geographically possible). At minimum, several telephone calls should be made to verify the references provided are legitimate.
Many of the most unscrupulous organizations run clever ads on television, radio, and in popular magazines.
Correspondence is sent from an address in a different state than the organization has stated they are located in.
A patentability search is provided without a patentability opinion regarding the search results, or the patentability opinion is worded poorly or vaguely. All search results should always be carefully reviewed. when in doubt, consult a practitioner registered with the patent office.
Filing for a design patent is often recommended (although design patents are seldom of any significant commercial value). Importantly, a design patent does not cover the functional aspects of an invention, only the appearance or ornamental aspects.
Sales persons generally can not be directly reached without leaving a message. (Some of the most egregious companies employ sales persons who work out of their homes and are located all over the country.)
The company offers 'money-back' guarantee if a patent does not issue. Anyone who can guarantee that a patent will issue is not telling the truth!
The company does not seem to understand, or is not very interested in, the details regarding your invention, its construction, and/or how it operates.

Where Should a Motivated Inventor Start?

Unfortunately, there is no simple answer to this question. The answer may, to a large part, be determined by the invention. However, several suggestions are provided below.

The internet provides quick and easy access to volumes of helpful information. Several very useful and somewhat renowned web sites are listed below. These provide a good starting point for inventors considering protecting and promoting an invention.

Also, always make sure you are discussing important details about your invention, including functional and or structural information, with the registered patent professional (either an agent or an attorney) that will actually write your application. As indicated above, when asked, this person should be able to quickly provide his/her government registration number, which is assigned by the patent office. Be sure to record this number when it is given to you. This registration number can be used to verify that the person that will write your patent application is in good standing with the patent office. The patent office web site address, as well as several other very helpful links, are listed below. For a more complete list of help links visit out Internet Links section.