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Invention Reports
Why the Patent is not enough
Interviews vs Questionnaires
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 Newsletter - May  2012
  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.
Invention Reports

Are you ready to talk to the Patent Attorney?

 

If your invention is well defined and you know its advantages, disadvantages and what  similar technology might be cited against it by a patent examiner, then you may be ready to ask your attorney to draft a patent application.   However, many inventors are by no means prepared to describe their inventions in such detail.   Often what an inventor has discovered is a new technology which will enable the creation of multiple inventions requiring multiple patent applications.   Filing a patent application at this point is pre-mature.  It is first necessary to define the multiple inventions created by the new technology and then to decide in what order to develop them.  This kind of strategizing is not something that the typical patent attorney does, which is why attorneys and agents refer clients to companies like Business Metamorphosis.

 

When I was at the Systems Concepts Center at Eastman Kodak we described a new technology and the inventions that it might spawn as an "Alpha Space".   I later likened this idea  to a Chocolate Chip cookie.   Where the space was the cookie and the individual inventions were the chips.   

Many companies,  such as Kodak ask inventors to prepare an "Invention Report" before contacting the attorney.  With a well written report, which documents the information that went into creating the invention, the attorney is in a strong position to do what is the meat of any patent application, craft the patent claims in legal language.

 

At BML we  write invention reports and we also edit them.  We prefer to do this after a patent search has been performed because we can then take into account the prior art that is likely to be cited against the  invention and provide alternative for the attorney to use.

 

For example, I once had a client that had invented what he thought was a new kind of bug sprayer.   In our patent search we found one that looked nearly identical to his invention.  But we didn't advise the inventor to give up.  We asked him one of our favorite questions. If you saw the other inventors product and yours side by side in a store, why would  it be yours that you would buy.   He had a ready answer.  He said, "because mine would cost half as much".   We then focused the invention report and the resulting patent application on the cost advantage and the inventive features that produced it.

 

If you need more  help preparing an invention report  or any other  patent issue check us out at www.alacartepatents.com , write us at rblazey@businessmetamorphosis.com or  give us a call at  (585) 520-3539  

 

 

 

 

 

ITTr Logo

       Defining the "Package"

Why the patent alone is almost NEVER enough to        

conclude a  sale or license deal

 

Almost all ITTr clients have a patent to sell.  And often they think that the patent is the only thing that the buyer is interested in.   That is almost never the case.  The interested buyer always wants to know more about the invention than what is represented by the text of the patent.  

 

 Some of what they want is simply additional information, but often it is more than that.   A buyer of a chemical patent may want to test samples of the patented chemical.  A buyer of a mechanical or electrical patent may want to see a working demonstration.   And the buyer of a biological patent may want to see results of clinical trials.

 

Without these materials the seller is at a disadvantage in convincing a buyer that their idea has merit. When sufficient interest is developed that a sale may be made, the sale itself may contain other items besides the patent rights.  Those items (what we call "the package") can include, : Know How,  Trademarks,  Endorsements,  Examples etc. 

The process of negotiation usually involves linking a package with a price.

 

   Among the most important non-patent elements in the package is "Know How".   The patent itself rarely contains all the information the buying company needs to commercialize it.    "Know How"  is often included in the sale by offering a number of hours of consulting time  from  the inventor. 

 

To learn what you might include in your "package" contact us at the address below.  

 

Email : rblazey@ittrifecta.com

Phone: (585) 520-3539 

www.ITTrifecta.com

  

  

  

 

  

 

 

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Interviews  vs Questionnaires
 

Gathering Data- What's the Best Way

 

The Penguin Group's Market Sonar process is a variant on the well known "Voice of the Customer"  calling process.   This is a fundamentally different process than a  mailed or on line questionnaire,  or even a focus group.   The important difference is that questionnaires and focus groups often limit the customers responses to what the investigator thinks they might be.  Fundamentally these tools often end up telling the questioner  what they expected to hear because they limit responses outside of those boundaries.

 

At a recent talk at the "Eyes on the Future" conference,  Tom Kelly of IDEO talked about the importance of doing market research the way an anthropologist studies societies.  He told the story of simply watching the commuters boarding  Japanese trains and noticing that one woman was wearing mismatched shoes.   This observation suggested a new trend in  shoe fashion.

 

One can imagine that if a shoe company was surveying its customers with a a questionnaire, or showing them the latest styles in a focus group that they would be highly unlikely to ask if their customers wore mismatched shoes and why they did so.

 

When The Penguin Group conducts a Market Sonar survey, the carefully crafted scripts we use open the door for customers to express their individuality rather than restricting them to yes , no or multiple choice answers.  Our callers record the results and later in the analysis phase we look specifically for trends that  are outside of the expected responses of the survey.

 

To find out more about how we work and discuss your needs to better understand your customers check out our website at  www.RochesterPenguinGroup.com or write to us at info@rochesterpenguingroup.com.

 

 

 

 

 

 

 

 

 

 

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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