How to I go about making my invention a reality?

Factual Questions
1

OK, so I thought of something. Something great. Something that will change the world.

OK, maybe not, but it is something that will make life more pleasant. It’s something that will either be sold in conjunction with the world’s largest companies and become the de facto standard or be relegated to “As Seen on TV” ads in perpetuity.

The problem is that the idea is all I’ve got right now. The invention I’m thinking of is one of those things that when you hear about it, you’re like, “I wonder why it took so long for someone to think of that.” It follows the Homer Simpson idea of taking two things that already exist and putting them together (slightly less fun than hamburger earmuffs and slightly better than something with a clock in it). It can be manufacturered cheaply and sold at a phenomenal markup, while still being well within the average consumer’s price range. Hell, it can even be priced to move.

My question (which may be better suited for IMHO, please move if appropriate) is: what is the process that one has to go through when designing this sort of thing? I’d like to get as much information as possible before deciding if it’s even worth my time (if it’s not, I might consider auctioning it off on ebay). The stuff I’ve read so far on it includes calling one of those patent protection offices that you see on Jerry Springer and checking out some web sites and Invention magazine. Aside from meeting some tenacious mofos, I basically got, “why don’t you tell me your idea. I’ll make sure it gets the representation that it deserves and make sure that you get the compensation that you deserve.” No thanks.

I understand that I’ll need a designer to design the item, I’ll have to get some prototypes put together, I’ll need a lawyer and I’ll also need to…what?

Keep in mind that the inventors I know have: Been raided by the Feds; had their idea stolen by their patent attorney; almost gotten killed testing their stupid idea and had a nice hobby, but not been able to quit their day job. I’m not looking for fame, riches or women (do inventors get those anymore?), but some cash and to be able to swell my chest with pride when I hear people walking down the street saying, “I don’t know who made this, but damn, I’d love to take him out for a drink.”

Any inventors out there? Recommended resources? I don’t think I’m ready to start negotiations for factories in human rights violating territories yet, but I just need to get an idea of the possible cost and protection that I would need to put in place to start running the numbers.

No I will not tell you what it is, but the thing that got the guy from the Invention Protection Agency (or whatever) to stop calling was me telling him that I invented a new type of restaurant. I could hear his jaw drop. It was funny as hell.

2

I found myself in this exact same position on Monday (except my idea is even better than yours!). Here are the steps I’m taking:

  1. I’ve called my local bar association to find a patent lawyer.

  2. I’ll have the lawyer do a patent search to make sure someone hasn’t already come up with my idea.

  3. Assuming someone hasn’t, I’ll contact my local art school to have a student (because it should be cheaper) build a 3D CAD drawing of the product.

  4. Using these drawings, I’ll apply for a patent.

  5. When and if the patent is granted, I’ll take the 3D CAD drawing and have a prototype built using stereolithography.

I know this probably doesn’t help answer some of your more specific questions, and I hope I’ll know more after speaking with a lawyer. I, too, would appreciate it if any Dopers have any advice or insight.

3

[IMHO territory]
For the lone, “outsider” inventor working in his garage, the patent system is almost always a rip off. Run – don’t walk – from anything even remotely related to “patents.”
[/IMHO territory]

Here are some threads to keep you busy:

http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=79350
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=37549
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=37488
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=32093
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=153427

4

Before contacting a patent attorney, you could also do a quick and dirty patent search yourself at USPTO website, providing you are in the US or going for a US patent.

5

I would be VERY careful. My cousin has this story to tell:

He got tired of slippery oil filters, and managed to use a hair dryer to stick a tar/sand shingle strip to one, giving a great grip for turning. Excited, he went over to a buddy’s house, and showed him the filter.

He went back there a few weeks later. The wife told him that the buddy had come home really excited about something a while back, had seemed suddenly have a bunch of money, and had left her.

You can now buy oil filters with rubber, studded grip strips on them.

6

Thanks for the link Crafter.

Thanks for ruining my dreams too. Cold, harsh reality.

That’s why I’m not a princess…

Anyway, I’m going to be up late doing some reading. This sounds like something I could turn into a book when I’m done (hey, how about inventing a book that turns into…never mind). Or a blog. And then a book. I understand that they only make books of blogs these days.

On a related note: what’s up with that?

7

Cardinal, I hate to say it but the story sounds like glurge to me. It takes far more than a few weeks for someone to cash in on a new invention. In any event can you tell us who makes these “grippy” oil filters? I doubt if this FOAC made it rich off your cousin’s invention. I’m not saying there is no such invention but I have not seen it and I doubt if the story of the stolen invention can be supported.

The point is a good one about not blabbing your ideas of course. I’d suggest doing a lot of searches at the USPTO website as xizor said as it may save you a lot of trouble and expense. I went though this process recently with a friend who was convinced he had come up with a new idea to get around environmental contamination problems with lead bullets at target ranges. A few searches turned up non-lead bullets that were specifically made for eliminating lead contamination so he didnt’ even have a new use that would merit a utility patent. There are new ideas but they don’t come easily.

8

Well, I always thought an “interactive tombstone” (little LCD screen in it, etc) would be cool, but apparently some schmoe is 20 steps ahead of me on it.

9

Well, I know that Fram makes oil filters like these. Though I don’t know who invented them. You can see some on their site. www.fram.com

10

This reeks of UL. It’s far more likely one of the filter manufacturers came up with it.

11

Unfortunately in this world, (and this board is no exception), you’ll often get advice from people who really don’t know the answer; just that they’ve heard of how to get a patent, or they’ve heard an urban legend from a cousin about ideas being stolen. Not to be harsh, but most of the advice above is rubbish.

Common mis-understandings:
a. Believing that the great idea is the valuable thing. Everybody has great ideas; it’s truly a rare great idea that in itself can be sold to some company. The thing is, companies already have people thinking up great ideas, and even if yours could make them money, they likely already have some other idea they could invest in now, but aren’t because they’re too busy doing business making what they already make.
b. Believing that protecting the idea is the most important problem. Even if you tell everybody your really cool idea, it’s pretty unlikely anyone will steal it, even someone who could make money off it. As above, those sorts of people are already making money doing something similar, and this would be a distraction.
c. Believing that the purpose of a patent is to protect your idea. The purpose of a patent is really to protect your business interest well after you’ve already made it into a real product. In fact, in real patent prosecutions (i.e. when someone chases someone else down for stealing their idea), it’s typically done by one company against another, and the typical procedure is like two kids with baseball cards, where both already have a dozen patents in the space, and they both compare hands to see who has more.

Is your idea something you can build a prototype of yourself? Is it something you can manufacture? Is it something you can sell (i.e. do you already have inroads into the people or channels who would buy it?) THIS is where the rubber hits the road. If you can make headway in building, testing, manufacturing and/or selling your product, you’re on your way, and then you should consider patenting it. If you can make progress, i.e. say you make a prototype, and find someone who swears they’ll buy a caseload a month if you were making them, then you can find investors who will help you fill those cases. That’s the problem space you face now, not how you protect your idea.

For reference, I have a few dozen patents myself and have been through this several times.

12

Oh I forgot to mention: patenting is very expensive. The real cost isn’t the filing costs that others will point out. If you’re serious about protecting your intellectual property, you’ll want to make sure it’s actually protected, and that means making sure it’s covered thoroughly, and that you patent as macroscopically and microscopically as you can. If you haven’t written a patent before (and probably even if you have), you’ll need a patent attorney. It’s not crazy to spend $20k for a patent.

13

Good info Bill.
So let’s use for example the grippy oil filter as if it doesn’t exsist right now. If this was my idea would you say it probably wouldn’t be worth pursuing because of the costs of pursuing it and what you’d get in return wouldn’t amount to a whole lot?
I think a lot of people have good ideas on how to improve items but feel that they should be paid just for their idea and not have to invest any time or money on it.
Is this delusional?

14

I’d like to add a few more things.

In and of itself, a patent does not protect your invention. It only gives you the right to sue someone whom you believe is infringing on your invention.

Everybody likes to think that the following is a common occurrence:

  1. A “lone inventor,” working out of his/her garage, has a great, revolutionary idea.
  2. The lone inventor applies for, and is awarded, a patent.
  3. The lone inventor sells his/her device to a company to manufacture, market, and sell. Or, the lone inventor performs these tasks on his/her own.
  4. The lone inventor rakes in profits & royalties.
  5. The lone inventor buys an island in the Caribbean.

With very, very, very few exceptions, the above is a myth.

15

I know what you mean.

However: This is not a friend of a friend whom I met once at a party. This is my cousin who lives with my parents, and I’ve never heard of his telling another lie. Until I hear differently, I’m believing him. My parents said he was pretty depressed about it.

I did manage to find the grippy filters:

www.fram.com for Products-Oil Filters. It’s in a frame, so I can’t link directly. The grip seems to have evolved since I saw it last.

404: Page Not Found Go to the bottom for their big verbage.

16

To believe your cousin, we would have to believe your cousin’s buddy approached a major automotive parts supplier with the idea. The supplier liked the idea, and the rest is history.

There are two problems with this story.

  1. Is your cousin’s buddy in the business of designing, manufacturing, or distributing automotive parts? The reason I’m asking is that almost all worthwhile inventions originate from people who are working in the industry. “Insiders” if you will. It’s rare for an industry outsider to successfully bring an invention to market.

  2. If you approach a company with an idea, 99% of them will slam the door in your face. They don’t want to hear your idea. It’s not because it may be a bad idea; they’re afraid they may already be working on the same (or a similar) idea. If this is the case, listening you will only set themselves up for a law suit later on down the line.

17

Hampshire wrote

By the way, as part of my work, I advise a number of companies and people who start companies. (and many people advise me; it’s rarely like anyone is “on top” in the startup world, rather it’s a big web). So, as part of what I do, many people ask me professionally, “Hey Bill; I’ve been thinking about building X; what do you think?” I’ve been involved in many companies before they were companies in this manner.

So, if you were to come to me and ask about your “grippy oil filter” idea, here’s what I’d say:

first of course, I’d tell you that I know nothing about car components, so I’m not the best guy to ask. But, here are my thoughts:

a) Your idea requires another company to build it. You can’t actually go out and build oil filters yourself, for a bunch of reasons that should be obvious. (this is a big negative)
b) The value of your invention is possible increased sales for whoever makes it. I.e. the manufacturer won’t be able to charge a premium for the new feature, rather they’ll just sell more. (this is a big negative)
c) This is opinion, but I don’t personally think the manufacturer will sell many extra units due to this improvement. I feel this way because I personally wouldn’t buy it, and I can’t imagine other people like me drawn towards it.
d) I can’t imagine a given vertical market that would be drawn towards it. The value is that it eases the installation of the oil filter. So, who currently finds it difficult to install? My first thought is Grandmothers and such, but they don’t replace their own oil filters. Similarly, every end-user I can think of that finds the current installation process difficult would have someone else do it for them. Which leads to…
e) I can’t see oil changing places (Jiffy Lube and such) attracted to this product. The people who buy oil filters at Jiffy Lube care about one thing above all others, and that’s the cost of it (both in terms of it’s hardware cost, as well as the labor cost to install it). Frankly, I can’t see the grip tape slicing any time off the installation time, and if anything it might slightly increase the hardware cost.

So… My personal recommendation for your question is to keep thinking for better ideas.

All of the above is of course why I believe friend Cardinal has been misled. I really really doubt anyone made any money selling this idea to oil filter manufacturers, and even the person who thought it up inside the company likely got a thumbs up from his boss, but I’d be shocked to hear he got even a bonus out of it.

Hampshire wrote

I agree that it’s not real. However… This process of invention, of thinking of new things and bouncing them off others is not only very important, but a lot of fun. Just because reality strikes down 99%+ of all cool ideas doesn’t mean people should give up. In fact, it’s even more enjoyable to build something on one of those 1% ideas and see it go somewhere.

18

Also, on that last, here’s some further advice I’d give on the “grippy oil filter” idea:

Validate the idea with some market research
By my completely subjective and non-expert evaluation above, I claim that no one will be excited by this, pay extra for this, or even switch brands for this. Prove me wrong with some research. (lord knows I’ve been wrong about plenty in life)

a) Go find some potential customers. Ask select buyers of the product if they’d buy it and if they’d pay extra for the new feature. (In this particular case, it’s really all about the channels, so this isn’t as important as the next.)
b) Go see if you can find a receptive channel. Talk to Auto Supply stores, Oil Change places, Car manufacturers, or anyone else you could think of who would sell this feature. See if you can find some interest. Ideally, you’ll find some VP at Jiffy Lube who’ll say “we replace 50 billion oil filters a year here. This grippy idea could save us 5 minutes per installation which would save us $1.3 gazillion dollars each year. We would love to buy this product and would pay extra for it.”
c) See if you can find analysts reports that give details on the people who buy this and their desires. (in this particular case, it’s unlikely you’ll find much. But in a more complex sort of product or service you can find plenty of legwork already done.) You can get analyst info either directly from the analysts (which they’ll charge you for), or you can look at competitors, who will sometimes boast with Analyst data that supports them, or you can look at industry magazines who will use Analyst data to back the assertions in their stories.

A good idea isn’t one that people hear about and say “wow, that’s cool; you’re pretty smart.”. A good idea is one that people hear about and say “I want to pay you money for that”.

19

A successful business man has suggested to me that I shouldn’t pay a patent lawyer to research the patent. I should submit the idea with the prototype to the patent office. If someone already holds the patent, then my request would be rejected.

Any comments on this idea?

20

Yeah, it’ll take years for them to get back to you.