[Zep]

I would like to pitch a product to a tool company, or companies, Black and Decker, Mastercraft, Makita...etc. I've come up with a minor adjustment on a tool that every construction worker uses. It took nothing to get a prototype done. Took it to a construction job, and when no one was around, really put it through it's paces. It works amazing.
It would cost about an extra 20 to 80 cents of material ( more on the lower end ) to make the adjustment. So, a company makes a die, and just cranks these things out like hammers. It's soo simple, and it's Damn effective.

Problem is, I can't patent it. It's not unique or original enough. I can't ask for a Non-disclosure Agreement, the person could sign it, then send the idea off to a friend and get a batch made. The idea is so copyable.....but it's GOOD. I can't believe no one has thought of this. I checked patents, online for 3 hours. Doesn't exist. I suppose if a company picked it up, they'd have to flood the market quickly before it got copied. I don't know, I'm not a businessman, I'm just guessing here. I want at least a 100k for the idea, if you think of how many construction workers are out there and then have 10% of them spend an extra five bucks at a local tool store to purchase one. This would amount to over a million dollar profit margin easily.

Ideas or thoughts?

[Parlay44]

You might have to go grassroots man. If you have that much faith in your product then have a shitload made up and keep them on hand.

Generate a mailing list of potential customers and mail them out one free sample along with some info and prices.

Sit back and wait for the calls or e-mails to come in. Just make sure you have some infrastructure in place to handle the volume if it takes off.

[WanderingSoul]

(12-29-2011 03:27 PM)Zep Wrote:  

I would like to pitch a product to a tool company, or companies, Black and Decker, Mastercraft, Makita...etc. I've come up with a minor adjustment on a tool that every construction worker uses. It took nothing to get a prototype done. Took it to a construction job, and when no one was around, really put it through it's paces. It works amazing.
It would cost about an extra 20 to 80 cents of material ( more on the lower end ) to make the adjustment. So, a company makes a die, and just cranks these things out like hammers. It's soo simple, and it's Damn effective.

Problem is, I can't patent it. It's not unique or original enough. I can't ask for a Non-disclosure Agreement, the person could sign it, then send the idea off to a friend and get a batch made. The idea is so copyable.....but it's GOOD. I can't believe no one has thought of this. I checked patents, online for 3 hours. Doesn't exist. I suppose if a company picked it up, they'd have to flood the market quickly before it got copied. I don't know, I'm not a businessman, I'm just guessing here. I want at least a 100k for the idea, if you think of how many construction workers are out there and then have 10% of them spend an extra five bucks at a local tool store to purchase one. This would amount to over a million dollar profit margin easily.

Ideas or thoughts?

I am sure there are people out there who take ideas like yours, and match them up with people looking to invest or purchase such ideas. Find them. Maybe try calling one of those numbers you see on TV that help you patent and sell your product. Hell, might even be a forum out there dedicated to people like you who come up with new ideas. Jump on Google and see what you can find.

[Menace]

What makes you think it's not patentable? Just because an idea is really simple does not mean it's not patentable.

Here's some tips (assuming you are in the United States; if you're somewhere else, I don't know what to tell you):

1. Do not under any circumstance sell or offer for sale your new tool. An offer for sale is any type of agreement that contains basic contractual terms such as price and quantity. Doing so can trigger the on-sale bar of 35 U.S.C. 102(b) (soon to be amended by the AIA but it likely the courts will interpret the new language along the same lines they currently do).

2. Get NDA's for any commercial entity you demonstrate your invention to.

3. I would document your experimental trials and I would not let anyone see or use this tool, or it can trigger the public use bar under 35 U.S.C. 102(b). Even if it is used by one other person, and no one sees them use it, it can still be considered public use. There is case law for this.

When I say something can trigger a bar it means that it would prevent you from obtaining a patent.

4. My suggestion would be to consult a competent patent attorney and file a provisional patent application. Since you are a sole inventor you qualify for the Small Entity fee schedule, which according to the USPTO would cost you about $125 to file (plus attorney time). A provisional patent application gives you a priority date and serves as a place holder. You do not need to include any claims, but it is best to do so. You will have 1 year from your provisional filing date to convert it into a non-provisional application, which the USPTO will the examine (called prosecution) to determine whether your invention is new and not obvious.

You may be able to find a retired local patent attorney who would be willing to do the work for you for free or at relatively little cost. The technology you describe does not appear to be complex, so it doesn't seem like it would be very costly for an attorney to review.

USPTO Fee Schedule: http://www.uspto.gov/web/offices/ac/qs/o...092611.htm

You will have to consider whether to file a utility patent or a design patent. Tools are not my area of practice, so a design patent may be more appropriate than a utility patent.

5. Without patent protection your idea can indeed be easily copied and you would have no legal recourse against anyone who did so. Investors, if you are contemplating any, would definitely want to see some IP protection in the form of a filed patent application at least.

6. Understand that a patent is a negative property right: it gives you the right to exclude people from practicing your invention (i.e. making and selling your new tool), sort of like a fence excludes people from coming onto your property. Thus, if a company decides to do so, you will have to sue.

As I'm not yet an attorney, I don't really have to give a disclaimer, but the above is not legal advice and should not be relied upon in any manner. It is merely of informational or entertainment value.

[WestIndianArchie]

0) make a prototype. (which I think you already did)

1) get a lawyer - and i don't say this just cause i'm a lawyer.

2) get a patent - whether or not your idea is actually original and not "non-obivious" patentable is up for the courts to decide 5-7 years down the line. It's not for you as a lay person with no legal training to decide.

3) trade shows

4) if that doesn't work, late night infomercial in your domestic market.

[Zep]

Thanks for all the responses guys.

About patents

Quote:

A provisional patent application gives you a priority date and serves as a place holder.

it's meaningless, I checked into it with a local inventor. He also made utilitarian items like myself....he said, "You will be copied from overseas and they have big lawyers and will crush you, you don't want to spend 10 yrs of your life fighting them"....and he's dead on about that. I've read the stories. Unless you're a huge corporation with big lawyers you can't do diddly squat against some Chinese company copying your product. It IS going to happen and it happened to the inventor I spoke to. So I asked...."why do you bother then?"..."Customer loyalty" was his response...he still sells, but can't afford the marketing to make it known to you and I

A provisional patent only has meaning if the item is highly original. Mine is based on an existing idea.

Quote:

2. Get NDA's for any commercial entity you demonstrate your invention to.

Yea, I addressed this in the original post. So, the guy signs it then goes home, tells some other dude about it, the other dude goes and makes a batch of these things. So much for the NDA.

Quote:

You might have to go grassroots man. If you have that much faith in your product then have a shitload made up and keep them on hand.

Now how much marketing would cost.......hollllly moly.

See, Black and Decker have deep market penetration, so they're going to make money on this for sure. They don't have to explain the product. As soon as you see it, you know what the extra adjustment is for.

Tough problem....lol. Dayum, this thing works great.

Well, I'll have to come up with a crazy idea to show these companies that what I've got works, without them being able to put together what it is I've done.

[Giovonny]

With girls in bikinis wearing tool belts and hard hats..

[cibo]

Honestly, unless you can patent your shit, you really can't compete here.

I would patent your work and license it the big firms. If you can't do that, you really have an issue with copy cat firms.

If you idea isn't highly original, you're going to have to compete on execution. If I was an investor, I would be looking at how could you deal with the threat of new entrants.

There's different methods of competing in a situation with low barrier to entry,
1) create a brand
2) high capital investments (like a factory)
3) high production amounts or economies of scale
4) access to distribution channels others don't have

So far, i don't see any of those being used.

[456]

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[mammal]

It's tough.
Most companies won't even talk to you because they're afraid of being sued if what you've come up with is similar to what their R&D department has come up with.
Stay away from companies that advertise on the radio "are you an inventor? Do you have a good idea?" They make money off the invenTORS,not the invenTIONS.
It's definitely worth talking to a patent lawyer -- a good one.
Is there a possibility of adding something to an existing product to make it better? For example, instead of modifying a screwdriver handle,creating a rubber handle that slips onto existing screwdrivers. Manufacturing costs for the second option are likely to be much lower.

[PolymathGuru]

To be frank, you might be over thinking it. Just because it can be easily copied doesn't mean they will go into that market. If your friend is able to stay in business because of Customer loyalty, it probably means it is still worth it.

It might even possible for you to manufacture the tool and brand it with THEIR name. Most of them have their stuff manufactured in china with the exception of the German companies. They have most of their stuff manufactured in either Germany, Austria or Switzerland. Although their really inexpensive stuff will be made in China.

[Foolsgo1d]

If you're going to market it to construction trades I would hazard a guess they would need a name to go with your tool/attachment.

Makita, DeWalt, Stanley; all are household names and have quality assured from the products bought and used. You're starting from ground zero in a market with many manufacturers who could theoretically pump out your product by the thousands within a month.

No trade buys from a no-name startup until the other guy proves it. Trade shows is where its at unless you are able to convince a manufacturer to take on your design, stamp it with their name and you get royalties for every batch sold.

[456]

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[Foolsgo1d]

What sort of modification are we talking here? Makitas are not cheap and it may well void a warranty which can be 2-3 years from new.

[456]

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[HectorLavoe]

Patent the product and license it to one of the big players, assuming it is something the market actually wants. Take a percentage of sales rather than a one off payment.

[oilbreh]

Going to bump this since I have a few questions regarding patent applications.

1) Finding a law firm. What should I look for and screen? Someone mentioned finding a retired guy. What are some avenues to find such a guy. I do have the money (I think so at least). I prefer someone not over worked and stressed as any mistake can screw it all up. So far I am planning to talk to local inventors and reaching out to patent lawyers my family knows (might be different industry/they are busy with cases/only work on law suites).

2) What do I need to bring to the first meeting?

[H1N1]

A patent could be worthwhile, depending on what your invention is. The trouble with a patent is that it makes the item a matter of public record, which means if something else can be made which does the same thing but is distinct - say an internal rather than external modification to give the same effect that could be done easily by a tool manufacturer, then all you've done is give them the idea easily.

If there's only one way of doing this - a specific shape to a washer, groove configuration etc, then it may be worth getting patent protection.

What I'd do from the business perspective is to look hard at who you know, who your friends know, etc, and try to find someone who can make an introduction at executive level to a tool company. Friendly introductions are often your best guarantors of equitable treatment, as most already wealthy people don't want to damage their reputations by screwing a friend of a friend. Try to get the introduction and see if this person will help you. As soon as you get traction with one tool company, then you should look at a patent regardless, as you will have the back story and clout to enforce it. If you just do it off the bat and publicise your idea, then you runu the risk that all the tool companies do it and you've just not got anywhere to start.

You also need to know, before you spend any money, that it's not something the tool companies have thought of and simply discarded as not worth their while. An early conversation with a friend, or a friend of a friend, is always the best starting point.