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Brokers, Broadcasters and Trolls
The Step Out Quadrant
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 Newsletter - December 2013
 
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Attorney or Agent?

 

In my practice I work with both patent attorneys and patent agents.  Frequently I encounter customers who don't know what a patent agent is or if they have heard of agents don't know what they do or how they differ from patent attorneys.

 

The fundamental difference, and the one I've frequently heard patent agents say, is that patent agents are allowed to practice only with the patent office.  That is they cannot practice in court because they are not attorneys.

 

Patent agents can therefore file patent applications and represent inventors in patent prosecutions.   What they cannot do is represent inventors in cases such as infringement when they would have to practice in court. However patent agents take and pass the same bar exam as patent attorneys.

 

Attorneys have a much broader charter than agents.  They can for example, file trademarks and register copyrights.  Something agents cannot do.  

 

Agents because of their limited scope are usually significantly less expensive to hire than attorneys.

 

So, given attorney or agents of comparable skill ,  who should an inventor hire? This is  actually a more complex question than appears on the surface.  It  is not simply a matter of price.

 

The decision rests on what the inventor wants to do in the future.  If he/she only wants to file and prosecute a patent application, a patent agent may be all that is needed.

 

However, if the inventor also wants to file for a trademark, or copyright, or if he anticipates  becoming involved in patent litigation,  it might be better to choose an attorney who can also perform those functions.

 

Also, some IP attorneys are also business attorneys and if the inventor anticipates commercializing the invention themselves or selling or licensing to others an attorney who can draft those kinds of business agreements may be most helpful.   

 

Our ITTr sister company, which is a patent brokerage, often works with patent attorneys to help clients find buyers or licensees.  The attorney is then available for negotiating and drafting contracts .

 

So the advice I give clients trying to make this decision is to think through what you want to do, and then interview several attorneys and agents in your area.   The relationship that you develop with your attorney or agent may be every bit as important as their specialization and an important factor in helping  you make a decision.

 

For more help just contact us.  Write to

rblazey@businessmetamorphosis.com or  give us a call at  (585) 520-3539  

 

Broadcasters, Brokers and Trolls

ITTr Logo
The are many different kinds of organizations setup to help inventors monetize their invention by selling or licensing it.  ITTr is a patent broker but that is only one kind of solution to this problem.

Broadcasters

Some companies are what I call "broadcasters".  They use a shotgun approach to monetizing your IP.  They create a flier and then send it out to a very long mailing list of prospective targets drawn from databases such as Hoovers and InfoUSA.  Their approach is similar to getting a job by printing hundreds of resumes and mailing them out to HR departments.   Like the broadcast resume method, the patent broadcasters sometimes get results but they have to mail out a lot of material, sometimes at a high cost to accomplish anything.

Trolls

The good thing about Trolls is that they will often buy your IP.  Their goal is to amass a large portfolio of similar patents which cover a technological arena where large wealthy companies with deep pockets want to practice their inventions.  A well prepared troll will then wait for a valuable product to be developed that appears to infringe a patent they bought and then they will (legally) pounce on the big company and demand money to license the IP they purchased.  Irrespective of moral issues, trolls seldom pay very much for the patents they acquire.   So if you need quick money for  your invention and are willing to take a small payment a troll might be your best bet.

Anti-Trolls

There are also Anti-Trolls.  Anti-Troll pools are often formed to represent large companies who are tired of being sued by the Trolls who vacuum up and sit on large portfolios of patents waiting for one of these companies to step into their trap so they can pounce with a lawsuit.   What the Anti-Trolls do, is buy up limited rights to portfolios of patents guaranteeing that they cannot be used against members of the pool.

The inventor is free to commercialize their invention or sell it to anyone else.  What the inventor or buyer cannot due is sue a member of the troll pool for infringing their patent.  A sale to an anti-troll is much like selling an easement on your property such as for the mineral rights under it. An Anti-Troll will probably not pay you a lot of money, but revenue from a sale to one may help you pursue other options.

To help you decide among your options please contact ITTr.  Just  send an email to rblazey@ittrifecta.com  or  phone me at (585) 520-3539

The Step Out- Quadrant [II]

New Customers for Existing Products

 

OA Logo 

The idea of selling your existing products to entirely new customer sets is attractive to many companies.  For one thing you don't have to do much of anything to your existing product.  But what you do have to do is something that may be a great deal more difficult and that is to find channels to new customer sets.   Doing that as any marketer can tell you is often a daunting challenge-

 

New Customers may be in different geographic locations,  they may even be in different countries.  
 Or even if they are in the same country how and where they buy may be quite different.

 

Something else that will likely be different is the competitors you will have to respond to.  This is particularly true if your company has been focused on a city or region where you are well known as the supplier for your product, but are completely unknown in the region where you now intend to introduce to your offerings.

 

One of my favorite stories is about a furniture manufacturer whose local market was in decline and decided to introduce his product in one of two major cities.  The question was which one.

 

The obvious issues of market size and interest having been dealt with,  one unappreciated issue ended up dominating his decision,  that of logistics.    Since his product was quite heavy, shipping costs were a big factor.  The cities were equidistant from his home base,  but not from the sources major components of his furniture.   He ended up choosing a city that was situated in a place where he could ship heavy components to an intermediate site for assembly,  reducing the shipping costs of the completed piece by half.

 

The Opportunity Portfolio process helps clients identify the issues associated with operating in Quadrant II (or any other quadrant)  To learn more -

 

  
Please email me at rblazey@businessmetamorphosis.com or  call (585) 520-3539.   Put "Step Out Quadrant"  on the subject line and we will get right back to you.

 

 
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
Disclaimers 

 
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.
 

 

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