What’s the first thing I should do?
For my first post, I’d like to answer the first question that people always ask me when they come to me with an idea: what should I do first? The answer is: Google it! And then Google it some more! Most people come to me with an idea they say is unique, and they are positive that “there’s nothing out there like it.” When I ask if they’ve searched, they always say they have. I say “OK”,”let me do a quick search.” Often, in 2-3 minutes I find their exact idea out there. Why? Because they have searched only very superficially, not actually wanting to find their idea already on the market. They think they have a “million dollar idea” and don’t want to find out that their one idea is really an also-ran. Of course, this doesn’t matter if all they want is to think that they are a genius, without actually planning on taking any action. But if you want to start actually pursuing your idea, and start spending money, then you better make sure you know what’s already out there.
When doing your search on Google, you should do MANY searches, not just a couple. And you should go through at least 5 pages of results for each search. You need to try every word combination that might lead to a similar product, and you need to try and think and search like someone who would be shopping for a product similar to your invention. This process may, in fact, reveal your idea already on the market, or it may confirm that it isn’t. Regardless, it will help you know what else exists in that product category space, and may help you refine your idea and perfect your innovative angle. If you do find your idea out there, that doesn’t necessarily mean that you are out of luck. Execution is the key to success, and maybe you can out-compete the incumbent with a better product, marketing plan, distribution system, or other competitive edge.
The bottom line is that you need to know what’s out there if you are going to start investing real time and money, and you don’t want to put your head in the sand and hope you’re right.
After you complete your Google search on the web, your work isn’t done. Next you need to search the patent database to make sure your idea isn’t someone else’s patent, even if there isn’t a product out there. This can be done at the Patent and Trademark Office (www.uspto.gov) or several other places on the web. I usually use Google’s patent search (www.google.com/patents). I’ll cover this topic in greater detail in a later post. Good hunting!
December 10th, 2008 at 8:05 am
[...] Search: In an earlier post, I wrote about Googling your idea as the very first thing you should do. To reiterate, Google it. [...]
March 8th, 2009 at 10:42 am
Chris,
Here is what I was taught with respect to CYA activity in the IP arena. Whether you are manufacturing or distributing a unique product or service yourself–this strategy may help.
I will try to make it simple.
Assess your market and the players maybe the top 20 percent–the ones with larger revenue (the reason for this is that they have means to tie you up in court–smaller companies will tend to stay away at all costs and will often abate the stolen idea when contacted-whether intentional or not) Send them a certified package or letter to the president offering them your IP–Then save all the return receipts from the post office–this is proof that those companies are aware of your IP. If they do come to the table the better for you and your position if you ever have to take them on –this stops the defenses argument of “innocent infringer.”
Here’s why:
If in the future you discover that one of these companies has infringed on your IP–you send them the usual cease and decist letters etc. When they do not comply and if their argument is they did not know(not a very good one)–you can then bring out the fact that you pre-empted this very strategy and have in hand the certified return mail receipts signed. Further, if you have to go to court and file a petition against them it makes the process easier because the judge can see that you indeed went to them first and instead of the issue being a costly patent infringement case it may turn the tables in your favor quicker. I did this in a federal case with a furniture design infringement and without hesitation we won even before it went to trial. Hope this helps.
Example of big company(as you say and are correct they do not want your ideas they have enough of their own) next:
Another time that this strategy was useful was during a chance meeting with the president of major outdoor product line while attending a trade show in Salt Lake. I was pitching my pack line and was abruptly interrupted by him, he said something to the effect of, “I do not want to see anymore–how do you know that we may be working on that very same idea?” My reply, ” You shouldn’t be my patent portfolio is probably sitting on your desk as we speak. he said, “how do you know?” I said, I have your signature on my certified mail receipt to your office. (he probably never even saw it -usually their mail room or executive assistant signs for those)I knew that he wouldn’t be interested in my design anyway but I wanted to meet him and let him know who I was.