If you’d like a quick outline of the steps that are typically taken by inventors, I’ve listed them here. If you want an even more condensed version (Cliff Notes Style) then go to the second down on the FAQ Page.

1. You have an idea for a new invention.
2. Quick check; Search Google images using keywords related to your product.
3. If you feel comfortable, search through Google Patents.  https://patents.google.com/
4. If you couldn’t find it on Google images, or Google Patents, you could hire a professional for a final search using a patent agent or patent attorney or, if you feel confident that you did a thorough search, proceed to step 5. If you need help searching, let me know or, go to FAQ page and the first question elaborates on searching with a link to a course for help.
5. Patent search reveals it’s not out there and your product is patentable.
6. Determine whether your idea is marketable.  Do people need it or will they want it?
7. Make an initial determination of the cost to manufacture this idea. It’s hard to have a definitive cost at this point, but the cost of manufacturing and packaging your product should be about 1/4 to 1/5 of the retail price it will sell for.  Or, in other words,  it should sell for 4 to 5 times what it cost you to manufacture it. You can by-pass this step if you plan on licensing your product. (Licensing your product is highly recommended)
8. Move to make a virtual or physical prototype. I can make you a model and show you how it will look and function. I will produce the manufacturing files and help you arrange for a physical prototype to be made, either by myself, or a 3D printer or other manufacturer.
9. Decide whether you want to license the invention, manufacture it yourself, or sell the idea outright. Again, I will recommend licensing for most people.  It carries far less financial risk.
10. Decide at this point, if your budget will allow for marketing materials and, if you feel they would benefit your product. Not all projects need an excessive amount of marketing.  We’re talking about a website, pics, videos etc.
11. Now that you have a detailed model and drawings, you can work toward getting a final price for manufacturing depending on your product and who you plan to present it to. You can have this information as preliminary considerations for the buyer of your idea. Usually they won’t need your pricing, they have their own sources, but it doesn’t hurt to have some idea of costs when you’re presenting your product.

So, what kind of product do you have and why would someone want it? If you can find a need, and fill it, you got it made. You can do this, even with an existing product. You just have to do it better than the last guy. You can do this either by making it more affordable, easier to use, or just plain better looking with maybe less parts. So, first, determine if you have a unique idea or invention, and that it will meet a need, or at least, improve on meeting a need. If you have all of this, you’re off to a very good start.

One mistake I’ve seen quite a bit is that the inventor “invents” the need. What I mean by that is he or she takes the position that if consumers knew about their product, surely they’d buy it. This has been true in several circumstances such as Tivo, when pausing live TV was a new idea. People didn’t know they’d want it because they’d never heard of it. However, that’s a big leap to make that same assumption about another product that has already solved the problem you’re claiming yours will. The question to ask yourself might be, “Does your product have a better solution than the ones that are out there already?” I don’t mean is it a substitute but, is it a better substitute solving the problem?

Searching is the key to the eventual success of your product. It’s probably the most important thing you’ll do in the process. After all, if your (exact) invention is already out there, you’re wasting your time. Now this doesn’t mean that you can’t change your direction and try to figure out a way to do “what’s-out-there”, better, but it does mean that if you’re bent on producing a product that already exists, you’re doomed to failure.

Let’s say you find your invention and it appears that it’s already on the market. Don’t give up quite yet. Take a closer look at it. Does your invention work better? Would it be cheaper to make? Does it have more options? Is it easier or safer to use?

There are some inventors out there, that all they do is improve on what’s already existing. Their minds work such that when they see something, they immediately go into “improve upon mode”. It’s done every day and there’s nothing wrong with that.

So, perform a quick, preliminary search on Google Images. It’s fast, easy, and most of the common words used while searching are filled in for you as you search using your main words.  You can pull up images of what might be your idea. Try to use a variety of different key words. Imagine what else your invention could be used for. A tool might be used in the kitchen or on a truck. Think it through. If you don’t find it, you’ve passed the first, easiest test for your product.

NOTE: This does not replace a professional search by an attorney or patent agent. It’s simply the first preliminary step to decide whether to employ a professional, or do a diligent search through the USPTO by yourself. There are books to help you learn to patent search if you want to try this on your own. If you haven’t found your product via Step 2, go to Step 3. 

If you think you found your idea and what you found looks awfully close, maybe even exactly what you have, there may still be hope. But the first thing to do is to not deny what you have found. Ignoring that fact that there’s a product out there just like yours just kicks the can of denial down the road for a bit. Your denial will come back to haunt you if you don’t deal with it effectively.

Okay, so if it’s looking right back at you. Here are a couple of choices: One, you can move on, drop your idea and come up with another one. Or two, you could take what you found and find a way to improve on it and make it better. What you don’t want to do is act like it’s not there, go spend a bunch of money on something that, when you go to get a patent, the patent office tells you what you already know; that you can’t get a patent on it…. because it’s already out there!

Now here’s a thought. Maybe the product you’re looking at doesn’t have a patent. Maybe the inventor didn’t want to get a patent because he wanted everyone to be able to duplicate it. You’re probably saying, “What!?”

Here’s an example; if you invented the toaster, you’d want to also invent bread but not get a patent on the bread, only the toaster. Then, you’d want to put the bread into the public domain so no one could get a patent on the bread, but everyone could produce it. Now, if everyone is manufacturing bread out there and there’s only one toaster patent (yours), all of a sudden, by not getting a patent on bread, you’ve created more customers for your toaster.  There ya go. Pretty sly marketing. That’s what the guy did who invented the cassette player. He put the cassettes into the public domain while patenting the player. Genius.

If it’s already been exposed in the public domain without a patent, no one can get a patent and you’re free to produce the product and compete with the existing ones. Now keep in mind that I’m not an attorney and am not trying to give you legal advice. I’m trying to get you to investigate the possibilities. You can check this out for yourself or contact an attorney to do it for you. The point is, all hope may not be lost. Your attitude may need a reboot, but hope is not lost.

Kickstarter.com is full of examples of people crowd funding projects without a patent and marketing them. You can check that out as well. Now, if you haven’t found your product, or anything that looks close, move on to Step 3.

If you’ve reached Step 4 then …..

1) You’ve completed your search and are fairly confident your product isn’t out there.  OR …

2) You’re going to hire a professional searcher (patent agent or attorney) to do the search for you.

3) You need a 3D model to better explain your product to your patent attorney or agent.

At this point, you may or may not, depending on the product, need a 3D model with some pics and/or drawings to better explain your product to your searcher. If you’re still in the process of verifying that “it’s not out there”, you don’t have to make a full blown detailed and engineered model in order to show your searcher what it is you’ve invented. It may be that a model of what you’re thinking, without all the inner workings, would be enough. I can help you with that, whether you need a detailed model or simply one to present to your searcher.

So either way, this is where I come in. But wait! One more thing! Before you decide to hire me, you should have an idea of  “in what capacity”.  That’s to say, in what capacity do you need me to work for you? What can I produce for you that you can use? Well the first thing to do is decide who you’re going to try and market this to. Here are some examples:

1) Are you going to crowd-fund this and take a zillion orders yourself and then hire a manufacturer to produce them for you? You’ll do all the shipping and stocking of products, will pay the manufacturing costs, and take the remainder for profit. Or…..

2) Are you going to bring your idea to a company who could use your idea and then license them to produce it while you take a 2-5% of the retail costs as your profit? In this scenario they would be responsible (if you write it into the agreement) for protecting your patent and going after infringing parties. Or….

3) Are you going to sell your idea completely, in one lump sum to a company? (Not likely) You’ll probably run into the “Not Invented Here” syndrome. But if it were the case that a company wanted to buy you outright, it would be a very unique idea for the demographic you’re pursuing.

However that you envision your product hitting the market, and in what capacity, will play a pivotal role in what type of files or products I produce for you. If you’re not sure what to do you can always contact me. If you’re going to build a working prototype from the files I make, then design and stress testing will be imperative. You’ll want your design to work. So we’ll have to set it up with clearances and materials used etc. If it’s simply an idea that is workable, but you think the company you’re selling to will want to tweak it to fit their own product, then I would not spend as much time on the finer points of the design but rather leave that for your buyer. They are going to want to have their own designers and engineers verify your design if they’re going to be investing their capital into it.

It may seem that your project is bigger than anticipated, but taking it one step at a time can make it manageable. 

Is your product a good fit for the market, for your demographic? Do some research. There are even companies that plug in the parameters and tell you the likely hood of success. 

At this point, we should talk. Every job is different as well as every need. The patent books I recommended will get you a long way in understanding the process; far further than what I can explain here. David Pressman is a former patent agent for the USPTO as well as a patent attorney. His books explain well, all the processes you need to be familiar with in order to get a firm grip on making good decisions.

If it still seems a bit overwhelming or confusing, give me a call or send me an email.  I’ll get you started.  Thanks for checking this section out!