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Owning your Patent
Why will buy your Invention?
Revenues from Unexploited Opportunities
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Ideas to Assets

To make it easier for our customers to find information on the many websites of the BML family of companies, we have launched a new website Ideas to Assets

 

This site is basically  a categorized set of landing pages with links to appropriate contact on our websites.  Please try it out an let us know how you like it

 

 

 Newsletter - September 2011
  This newsletter is for the benefit of: our customers both current and past, our workers , board members and friends including those of you we haven't talked to recently. Please feel free to forward to others who might be interested in our activities.   Please realize that this newsletter contains only our opinions on patent matters.  We are not authorized to give legal advice.  If you are seeking such advice please contact an attorney.

Do you Really Own your Patent?

 

If you are an inventor you may believe that your name on the patent is all you need to establish ownership of your invention.   That would be a very wrong and dangerous assumption to make. Unless you are the only named inventor and you have signed no assignment documents, your rights may be very much less than you believe.

 

If you made your invention as part of your job , you may well have signed an assignment agreement with your company.   That agreement may have been signed long ago when you joined the company and you have completely forgotten about it.   It might be worth a trip to the HR department to take a look at what it says.

 

Many such agreements are written extremely broadly. Inventors often think that something they create on their own time with their own resources belongs to them but that is frequently not so. The patent assignment agreement I and many of my colleagues signed said essentially that if I invented a teapot in my basement it belonged to the company (and my company didn't make teapots).

But suppose you didn't make your invention for a company but with a group of colleagues. All you names are on the invention.  

  

The rules then can be equally problematic.   The law says that any of the inventors may sell the patent without permission or knowledge of the others. It doesn't matter where e the sellers name appears in the list of inventors , it could be first or last appears in the list of inventors , it could be first or last, the result is the same.

 

 The way to protect yourself (and your company) is with a properly drafted and executed patent assignment agreement which determines the future ownership of any intellectual property created during any project or joint venture no matter what inventors are listed on the patent application.

 

 A good IP attorney can draft such an agreement, but deciding what belongs in one is another matter.   It's a business decision  and that's where we can be of help.  So please check us out at Ala Carte Patent Services , write us at rblazey@businessmetamorphosi.com or  give us a call at (585) 520-3539  and let us tell you how we can help make sure you own what you worked on and paid for.


 

 

ITTr Logo

What is the Market for your Invention?

 

 

The value of an invention is very strongly linked to the market for the product that it protects. I'm often asked by inventors what their patent is worth and I tell them "it depends", the patent could be worth nothing or it could be worth a Billion dollars.   What is it that makes the difference between those two extremes? In one word, it's the Market, and most specifically the Proven Market.  

 

 The  Blackberry patent was worth a Billion dollars because Blackberry was in the market place earning lots of money and the patent holder had the rights to shut down the production line for using their patented invention without permission. That's incredible power and it's also very rare.

 

At the other extreme we have an idea which has been patented but has not been commercialized.  There is no proven market, only a speculative one. Anyone who buys in at this point is betting that they can develop the market and that it will be big enough to cover the development costs and what they pay the inventor for the patent rights. From the investor's point of view, even if the inventor gave them the patent rights for free, they would still have to cover the costs of commercialization  

 

Thus it's in the inventor's interest to find out what the market size is for their invention and what the commercialization costs might be.   It's also the reason that patent licenses are an attractive alternative to investors because with the flexibility of adjusting royalty rates, down payments and annual fees, they reduce the risk to the investor of paying a high fee for something that they can't commercialize economically or which ends up with a much smaller market than predicted.

 

This is also the reason that Options can be an attractive purchasing tool as they give the investor  a way to reduce uncertainty such as the chance to see if the invention will work with their manufacturing processes, be attractive to their customers etc. Investors can buy an option and if they exercise it the cost is subtracted from the purchase price. So their only risk is if they buy an option and not exercise it, but even in that case they spend less than if they had purchased the patent rights in a direct sale or by license.

 

Contact us at ITTr and let us find the most attractive means to convince buyers to invest in your invention (and find them too) www.ITTrifecta.com

 

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Exploiting Opportunities

 How OA can help you take ideas off the shelf and get them earning cash for you.

These days many businesses are looking for new revenue sources. The cash cow products that carried the business in the past are earning less money than before or worse being displaced by new technologies that offer other ways of doing the same thing better and cheaper for the customer.   You don't have to look very far to see this happening.   Look for example at the recording industry that used to make their money selling CD's in stores and now has to complete with online downloads of single songs to IPOD's.   My own former employer, despite valiant attempts to make it in a digital world is a shadow of the Goliath it was when the only way to take pictures was on the film and photographic paper they made.

This means that companies need to look elsewhere for new products.   When I say elsewhere, I mean outside of what we call the Business Comfort Zone (or Quadrant One) , selling existing products to existing customers.   What passes for new product development in far too many companies is simply tweaking the existing products with incremental changes, keeping the companies well inside of their comfort zones.

Companies who hide in their Comfort Zone can't compete with the likes companies like Apple who boldly move to exploit opportunities in the other three zones. Allowing them to capture wholly new customers for their existing products, or get more orders from their existing customer with really new products. Opportunity Associates has a tested process that helps companies identify quantify and compare those unexploited opportunities so that they can take action on them.

 

Checkout our website Opportunity Associates . Or for more information Please email rblazey@businessmetamorphosis.com .

 

 Or if you prefer call Richard Blazey at  (585) 520-3539. Be sure to mention Opportunity Associates when you call.

 

We appreciate your responses to our newsletters.  Please send us your comments.  We are always interested in what you want to know.
 
Sincerely,
 

Richard Blazey
Business Metamorphosis LLC

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