This is my M2M (Mind to Market) weekend in Oakland. Go back to the August 7th post where I told you all about it. When I come home on Sunday night, I will give you a full update for Monday's post.
Do you have an idea? Is there something you need that you can't find? What about something you use that could be better? These are all the simmering of a roaring boil! Go! Start! Do it!
Friday, August 22, 2008
Wednesday, August 20, 2008
Will the Olympics Improve IP Protection in China?
Guest Writer, By Peter Skoutelas and Barbara Luther
With the Olympic Games beginning in China, we found the following information. China has historically had a culture of sharing and copying any new creation. This poses many issues with intellectual property protection and enforcement. China is working on changing this culture, which may benefit you.
Barbara J. Luther, Esq.
Change is in the wind for the protection of intellectual property rights in China-due in no small part to the Olympic Games in Beijing. To protect government owned Olympic Intellectual Property rights, the Chinese have started a program to educate the public on counterfeits.
Olympic Intellectual Property rights include Olympic symbol exclusive rights, trademark rights, and copyrights. All Beijing Olympic licensed products are authorized to be sold by the Beijing Organizing Committee for the Games of the XXIX Olympiad, or BOCOG. In November 2005, the BOCOG licensing program was launched. The program included 70 manufacturing and 80 retail companies. During the games, there will be approximately 10,000 licensed stores throughout China. These stores sell, among others, pins, stationary, toys, bags, arts and crafts, daily use products, audio and video products, sport utilities, food and more. In all, the products incorporate 600 designs, spanning 11 categories of licensed products. It would be no surprise to learn that thousands of vendors in China are actively selling from unauthorized commercial use of the Olympic Symbols. The products they’re selling illegally depict the Olympic Symbols along with Fuwa, the Beijing Olympic mascots. The Chinese government has started to realize the amount of money they stand to lose, after witnessing the 2004 Athens Games generate $61.5 million in revenues from the sale of licensed Olympics merchandise.
As a consequence, IP protection activity by the Chinese government has picked up recently and is proceeding along multiple fronts. Enforcement has included investigations by the authorities uncovering over 1,500 cases of violations
involving Beijing Olympic slogans, logos, and other trademarks. As a result,BOCOG, together with the Hong Kong Intellectual Property Department, are determined to crack-down on unlicensed vendors who are pirating CDs, DVDs, and counterfeit Olympic products. Public education, including an anti-counterfeiting hotline promoted everywhere from TV to bumper stickers, has made the protection of Olympic IP a community cause. With the public tuned in, the authorities have begun receiving much needed help in cracking down on illegal goods bearing Olympic trademarks.
The Olympics Games bring the countries of the world together, to compete, to showcase their pride, and to enrich us all with their culture. Beijing 2008 will be an important test for the Chinese to lay to rest allegations and concerns from other countries. The Chinese government has had a sophisticated awareness of these issues for some time and has been quietly, patiently, laying the foundation for effective detection, adjudication, and application of legal remedies in protecting intellectual property rights. Finally, this is their chance to enforce respect of Intellectual Property rights and encourage acknowledgement of the unique products of others.
What do we recommend for protecting your Intellectual Property in China? Because the Chinese government is educating its citizens to reject fakes and is applying IP law against infringers, we are more optimistic for coverage. Keep in mind also that the rapid growth of the Chinese economy, combined with improvements in the IP enforcement regime, will in the coming years compound the value of patents, trademarks, and copyrights covering Chinese territory.
Finally, one thing is certain: if you don’t file in China, you’ll have no Chinese intellectual property rights to protect!
Finally, one thing is certain: if you don’t file in China, you’ll have no Chinese intellectual property rights to protect!
Call us to discuss your particular situation.
The Luther Law Firm, PLC © 2008 All Rights Reserved
10575 N 114th Street, Suite 103 Scottsdale, AZ 85259
Phone 480.344.7745 Fax 480.344.7748
www.TheLutherLawFirm.com bjl@thelutherlawfirm.com
The Luther Law Firm makes available this information for general informational purposes only. This information is not intended as legal advice. Moreover, no attorney-client relationship is created through your receipt or use of this information. Do not act upon them without first seeking legal counsel. Further, the information is general and may not apply to particular factual or
Monday, August 18, 2008
Still on Patents
There is so much to talk about and consider on this topic, you could probably blog on this subject alone!
So what did you come up with? Will you patent or not? I learned something else on this in terms of getting your product to market. Let's just assume you have a good idea and you choose not to get a patent. I'm certain you plan to put out a product that's the highest quality, best you can produce. In your plans, provide for a product that's a little less in terms of quality, make some minor changes, maybe not so many color choices, and produce and sell it for less. Yes! Knock yourself off! You heard me right, don't leave it to the Asians (meaning China), or even Wal Mart, make a less superior product, get it in the discount stores and collect your money for both the high and low end of your market!
The reality is, someone will do what you are doing. They will do it quickly, and they will have markets who will sell for them even though they may not have the rights to your intellectual property. You know that your patent is only as strong as your wallet is thick to protect it. My thoughts are do it first, do it best, do it twice, and have people think of you as the original. That way, even when someone is asking for the generic, they will ask for a "Coke." See what I'm saying?
So what did you come up with? Will you patent or not? I learned something else on this in terms of getting your product to market. Let's just assume you have a good idea and you choose not to get a patent. I'm certain you plan to put out a product that's the highest quality, best you can produce. In your plans, provide for a product that's a little less in terms of quality, make some minor changes, maybe not so many color choices, and produce and sell it for less. Yes! Knock yourself off! You heard me right, don't leave it to the Asians (meaning China), or even Wal Mart, make a less superior product, get it in the discount stores and collect your money for both the high and low end of your market!
The reality is, someone will do what you are doing. They will do it quickly, and they will have markets who will sell for them even though they may not have the rights to your intellectual property. You know that your patent is only as strong as your wallet is thick to protect it. My thoughts are do it first, do it best, do it twice, and have people think of you as the original. That way, even when someone is asking for the generic, they will ask for a "Coke." See what I'm saying?
Friday, August 15, 2008
Let's Take a Break!
So in reading back through the last couple of weeks, it feels to me like my posts have all be very matter of fact. I guess I want to share as much with you as I can, and it's hard to do that in a chit-chatty sort of way.
I went to a meeting Wednesday evening for a group called Parent Innovators. This is a group of women who are at all stages of ideas, development, licensing, manufacturing, and sales. The thing I thought was so wonderful about these women is that they're taking action to make their lives better. What more can I say? So many women, and people in general, want more out of life, but they're not willing to do the hard work. I hear all day long about people who don't have time or money, or both! Whatever you think, you're right!
There were two women at this meeting who are single moms (maybe more, but two I'm sure of), that want to take control of their lives, their finances, and do what they love. I applaud them. That's the point I'm getting to, if you find something that's born from your creative energy, you'll love to work on it. Making the extra hours in the day happen will be what you look forward to, instead of one more thing on your to-do list. I have sometimes thought, how can there be anything out there left to invent? In fact, there are so many things you could create to make life easier, fix a problem, fill a need, or even just do something better than it's currently being done.
So, chime in with some questions. Tell me what you think of what I'm learning & sharing and if its interesting and of use to you. I can't wait until the day that I'm really the expert, and can share what I know to empower men and women to make the time to chase their dreams. It's certainly not the easy road, but I suspect the most rewarding!
I went to a meeting Wednesday evening for a group called Parent Innovators. This is a group of women who are at all stages of ideas, development, licensing, manufacturing, and sales. The thing I thought was so wonderful about these women is that they're taking action to make their lives better. What more can I say? So many women, and people in general, want more out of life, but they're not willing to do the hard work. I hear all day long about people who don't have time or money, or both! Whatever you think, you're right!
There were two women at this meeting who are single moms (maybe more, but two I'm sure of), that want to take control of their lives, their finances, and do what they love. I applaud them. That's the point I'm getting to, if you find something that's born from your creative energy, you'll love to work on it. Making the extra hours in the day happen will be what you look forward to, instead of one more thing on your to-do list. I have sometimes thought, how can there be anything out there left to invent? In fact, there are so many things you could create to make life easier, fix a problem, fill a need, or even just do something better than it's currently being done.
So, chime in with some questions. Tell me what you think of what I'm learning & sharing and if its interesting and of use to you. I can't wait until the day that I'm really the expert, and can share what I know to empower men and women to make the time to chase their dreams. It's certainly not the easy road, but I suspect the most rewarding!
Wednesday, August 13, 2008
To Patent or Not To Patent?
Do I need a patent? It's not always necessary to pay for a patent. You have to honestly evaluate your idea or product and decide how protectable it is. In reality, anyone who creates something new is going to be copied. Isn't that the highest form of flattery? Yes and no. It's not when their taking cash out of your retirement fund!
The number one rule with patents is, patents are only as enforceable as you have a bank roll to enforce them. Also, you have to know that someone is producing your product. You will be the police for your patent(s).
In the case of our gloves, we've determined that we do need patent protection. Think about it, we've honed in on making a measurement on the human hand intellectual property as it relates to gloves. That means, once we're fully patent protected, no one can make a glove that fits a child's hand without paying us a royalty. Think about that for a second (I know I am!). That's huge! So yes, we needed to go get us a patent.
The flip side is with a gadget, of some kind. I'm not belittling gadgets, I love them, you just have to look at where you want to spend your cash. Do you want to pay big bucks and big time getting a patent, only to be knocked off anyway, and now you have no money left to go after the people who knocked you up, I mean off! Laughing! Only a woman will really find that funny. In many cases, it pays to be the first to get your product to market, then take it to the biggest guy likely to knock you off, and see if you can license (I'll explain this in my next post) your idea to them. In many cases, they will pay you a royalty for everyone they sell, and you can just collect the checks. You were first, they bought your position, now you can get to the next thing.
Another piece of info that seems to be floating around out there, is that you need to write down your idea on a plain piece of paper, seal it in an envelope, and mail it to yourself. When you get it, don't open it. Save it for if you ever need to prove this was you idea, the postmark will be legal tender. In fact, what you really need to do, is file a provisional patent application with the United States Patent and Trade Mark Office (www.USPTO.gov) and this will give you a full year to test drive your idea with the proper protection. You need to file your full patent application within one year of the filing date of the provisional, but this is the safer way to go. It costs $105. What happens is, the USPTO logs your idea, doesn't even look at it, and gives you a registration number. If someone tries to steal it, you can reference your registration number, at this time they will look at the idea, and determine that you had rights first. This is also a gray area, because is someone filed a provisional before you, there would be no way to know. In that case, should you find each other in the marketplace, the one who filed first, wins.
So to recap:
The number one rule with patents is, patents are only as enforceable as you have a bank roll to enforce them. Also, you have to know that someone is producing your product. You will be the police for your patent(s).
In the case of our gloves, we've determined that we do need patent protection. Think about it, we've honed in on making a measurement on the human hand intellectual property as it relates to gloves. That means, once we're fully patent protected, no one can make a glove that fits a child's hand without paying us a royalty. Think about that for a second (I know I am!). That's huge! So yes, we needed to go get us a patent.
The flip side is with a gadget, of some kind. I'm not belittling gadgets, I love them, you just have to look at where you want to spend your cash. Do you want to pay big bucks and big time getting a patent, only to be knocked off anyway, and now you have no money left to go after the people who knocked you up, I mean off! Laughing! Only a woman will really find that funny. In many cases, it pays to be the first to get your product to market, then take it to the biggest guy likely to knock you off, and see if you can license (I'll explain this in my next post) your idea to them. In many cases, they will pay you a royalty for everyone they sell, and you can just collect the checks. You were first, they bought your position, now you can get to the next thing.
Another piece of info that seems to be floating around out there, is that you need to write down your idea on a plain piece of paper, seal it in an envelope, and mail it to yourself. When you get it, don't open it. Save it for if you ever need to prove this was you idea, the postmark will be legal tender. In fact, what you really need to do, is file a provisional patent application with the United States Patent and Trade Mark Office (www.USPTO.gov) and this will give you a full year to test drive your idea with the proper protection. You need to file your full patent application within one year of the filing date of the provisional, but this is the safer way to go. It costs $105. What happens is, the USPTO logs your idea, doesn't even look at it, and gives you a registration number. If someone tries to steal it, you can reference your registration number, at this time they will look at the idea, and determine that you had rights first. This is also a gray area, because is someone filed a provisional before you, there would be no way to know. In that case, should you find each other in the marketplace, the one who filed first, wins.
So to recap:
- Determine if you need a patent
- If you want to test drive your product, apply for a provisional patent.
- If you don't need a patent, get to creating, prototyping, testing, and producing your product.
- If you do need a patent, find a good attorney. I don't advise doing this on your own unless you've done it before, or know someone who has.
- My attorney is Barbara Luther, The Luther Law Firm, 480-344-7745, http://www.thelutherlawfirm.com/ I highly recommend her!
Monday, August 11, 2008
Create a Prototype
So now you have your idea, you've googled it until you can't google it anymore, it's not in a store near you, and it doesn't seem to exist. What now?Figure out what you need to make it yourself. Yes, I said make it yourself! I know, there are some things that maybe you have no idea how to make. You know you need it, but you don't have the expertise to create it on your own. Here's where I think most people fall out of the game. They think they can't make a prototype, and are sure they can't afford to pay someone to make one for them, and even if they could afford to, if they tell anyone about it, it'll be stolen. You all know by now what I'm going to say, "Whatever you think, you're right!"
In my experience, I was able to make a prototype at my kitchen table using a pair of scissors, duct tape, a zipper, a needle and some thread, and a used snow glove from a thrift store. As far as textiles and wood products, you can go on line and search "rapid prototyping," or "rapid manufacturing." There are companies that knock off designers sometimes even before the designers themselves get their product out! You can also visit colleges to find students and professors who can help you. Post an ad for some help on http://www.craigslist.org/. There are many options if you're just willing to seek them out. It takes time, it may take some money, but if you don't do the work, you'll never experience the reward.
My best advice about this is to do whatever you can to make something on your own. You know what your idea is, what problem it's solving, and how you want it to work. Nobody will make your product like you will.
On the subject of someone stealing your idea. Yes, it can happen, but so can a serious car accident on your way to work. Are you not going to drive to work today? In reality, you can protect your idea with a very simple Non-Disclosure Agreement (NDA), and your inventor's log. You can also apply for a Provisional Patent that is a super simple process, only $110, and gives you a year of patent pending protection to really get out there and test drive your idea. The same way you drive safely and wear a seat belt to help ensure a safe trip in to work.
I'll talk more about what I know about patents and should or shouldn't you apply for a patent for your idea on Wednesday!
Friday, August 8, 2008
I Need a book
For those of you just joining us, I'm spending this month sharing my journey of bringing an idea to fruition, and then a product to market. It's still early in the story, so curl up with your computer and get motivated to know if I can do it, so can you!
So, I have this great idea, I know it will work, it seems at this point there's nothing else like it, but what do I do with it? I need a book. There has to be a book written by a mom, for a mom. There is, it's called The Mom Inventor's Handbook written by mom Tamara Monosoff.
The Mom Inventors Handbook: How to Turn Your Great Idea into the Next Big Thing
Frankly, I couldn't find any other books like this one and even as I searched again today, there are very few. If you have an idea, BUY THIS BOOK!
In any case, I needed a book and this was a good one. I read it from cover to cover and one of the great pieces of advice I got was to start and inventors log. This is basically a notebook, with pages that are bound, not loose leaf (very important), that is a journal of how you thought of your idea, when, where, why, how, and every step you took afterward. The reason this is so important is that this book could potentially be a legal document. If someone were to try to steal your idea and get it to market before you, you would likely take them to court. In a court of law, an inventors notebook could prove to be the one piece of evidence that wins your case. Some people advise to have your book notarized, but that's one of those things you have to decide to do or not to do. I didn't. My book starts going back to 2006 when Dave and I first realized Mason wanted gloves, not mittens. Gloves were extremely hard to come by in small sizes, and when we did find them, they didn't fit. I told the whole story, in long hand. Here is why I didn't have my book notarized; as I enter new information, I'm using different pens, my penmanship varies based on where I am (in the car, at a restaurant, in my bed, etc), and it's very clear that I did not sit down and create this log in haste to prove something. I also document who I speak with about it and why I was speaking with them. This is also proof that they took this idea from me.
The other thing I got from the book was to search the Internet extensively. Search it for an hour a day to make sure what you think you've created doesn't exist. Go online and search the USPTO website to see if you can find any patents or applications for what you want to do. If you can't find it, it may not exist. I searched and searched, and my friend Alice found a glove that seemed to be similar. I immediately bought it and found that though it was created to address my problem, it wasn't doing it. I poked all the holes in it I could and moved on with creating a better prototype. I enlisted my Aunt Jeannette to sew zippers in several pair of kids gloves I bought at thrift stores.
My next question was, do I need a patent?
So, I have this great idea, I know it will work, it seems at this point there's nothing else like it, but what do I do with it? I need a book. There has to be a book written by a mom, for a mom. There is, it's called The Mom Inventor's Handbook written by mom Tamara Monosoff.
The Mom Inventors Handbook: How to Turn Your Great Idea into the Next Big Thing
Frankly, I couldn't find any other books like this one and even as I searched again today, there are very few. If you have an idea, BUY THIS BOOK!
In any case, I needed a book and this was a good one. I read it from cover to cover and one of the great pieces of advice I got was to start and inventors log. This is basically a notebook, with pages that are bound, not loose leaf (very important), that is a journal of how you thought of your idea, when, where, why, how, and every step you took afterward. The reason this is so important is that this book could potentially be a legal document. If someone were to try to steal your idea and get it to market before you, you would likely take them to court. In a court of law, an inventors notebook could prove to be the one piece of evidence that wins your case. Some people advise to have your book notarized, but that's one of those things you have to decide to do or not to do. I didn't. My book starts going back to 2006 when Dave and I first realized Mason wanted gloves, not mittens. Gloves were extremely hard to come by in small sizes, and when we did find them, they didn't fit. I told the whole story, in long hand. Here is why I didn't have my book notarized; as I enter new information, I'm using different pens, my penmanship varies based on where I am (in the car, at a restaurant, in my bed, etc), and it's very clear that I did not sit down and create this log in haste to prove something. I also document who I speak with about it and why I was speaking with them. This is also proof that they took this idea from me.
The other thing I got from the book was to search the Internet extensively. Search it for an hour a day to make sure what you think you've created doesn't exist. Go online and search the USPTO website to see if you can find any patents or applications for what you want to do. If you can't find it, it may not exist. I searched and searched, and my friend Alice found a glove that seemed to be similar. I immediately bought it and found that though it was created to address my problem, it wasn't doing it. I poked all the holes in it I could and moved on with creating a better prototype. I enlisted my Aunt Jeannette to sew zippers in several pair of kids gloves I bought at thrift stores.
My next question was, do I need a patent?
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