Top 10 Invention Mistakes Part 2 – The Final 5

Part 2 completes the Top 10 Invention Mistakes made by inventors.  By revealing the typical invention mistakes, unwitting inventors will be forewarned so that they can be forearmed.  It’s simple – avoid the mistakes and increase your chances for success.  The Final 5 of the terrible ten mistakes that inventors make over and over again are:

MISTAKE #6:    LET’S SEE IF IT WILL SELL FIRST

Before risking any time or money, many inventors elect to first send their invention ideas to companies.  The misguided thinking is that if the company wants to buy the invention then it will be worth filing a patent.  Inventors will sometimes insist that the company sign a Non-Disclosure Agreement (commonly called an NDA) before disclosing the invention.  Here’s a revelation: first, companies don’t sign NDAs with unknown inventors; and second, the company owes you nothing for an unsolicited invention idea.  The best an inventor can hope for is that the company will return the idea submission without looking at.  Further, any public disclosure of an invention anywhere in the world beyond a year will void patent rights.

MISTAKE #7:    LET’S FILE A PATENT FIRST

Filing a patent application to protect invention rights is not necessarily a bad idea; however, rushing to file before the invention is ready can be a mistake.  A successful invention requires equal parts of Legal (getting a patent), Technical (developing an engineering specification), and Marketing (providing what consumers want).  No part is more important than the others.  There are different types of patents that have different requirements and protect different aspects of an invention.  It is, therefore, vital to file the proper patent at the right time with the correct information.  Inventors should realize that a patent is no guarantee of market success.  In fact, most patents never make a penny.

MISTAKE #8:    I’LL SAVE MONEY AND FILE MY OWN PATENT

This mistake is a big one.  You can not successfully file your own patent. The Patent Office administers a Patent Bar Examination to college graduates having a technical degree.  The reason is to license only qualified individuals to practice patent law.  A general practice lawyer is not permitted to practice patent law.  The Patent Bar Exam is difficult requiring additional education; regardless, a large number fail to pass.  You are always allowed to act as your own attorney in the United States, but if you do, you will certainly have a fool for a client.  Filing your patent, and this includes a provisional application, may jeopardize a potentially lucrative invention.  Just say no!

MISTAKE #9:    I’VE BEEN SELLING IT FOR YEARS

Inventors learn that the United States is a first to invent country, meaning that patent priority rights are given to the person who had the invention first.  To maximize their “firstness,” inventors sometimes try to establish an invention date years in the past.  However, the One Year Rule can be a problem.  As mentioned in Mistake #6 above, an invention becomes part of the free Public Domain when it’s disclosed in public for more than one year in either physical or written form, making the invention not patentable.  Building and testing an invention can extend the one year period provided that certain requirements and documentation standards are met.  The best advice is to seek professional advice as soon as an invention begins taking shape.

MISTAKE #10:  LET’S MAKE A PROTOTYPE

The word prototype is a generic term that means different things to different people.  It is a good idea to make a working model of an invention in order to fully understand how all of the assembled parts work together.  Then comes testing and refining the invention in terms of patentability, low production cost, and market attractiveness.  Another option used by inventors is to have a “virtual prototype” created by computer drafting software from engineering drawings.  The first prototype option to avoid is paying for a shelf-ready prototype before doing extensive research; and secondly, having a “rapid prototype” made.  A “rapid prototype” is not a working model which is made instantly, it is a non-working prototype depicting only the invention’s approximate shape.  A “rapid prototype” is generally just an expensive paperweight.

And there you have it – the final five of the terrible ten inventor mistakes and why they should be avoided.  The business of inventing requires both inspiration and perspiration to paraphrase Thomas Edison.  It can be exciting and frustrating at the same time.  Often an inventor’s best choice is to find a reliable, professional guide to steer safely past the obstacles that lie in the path from the flash of genius to the store shelves.