Business Metamorphosis LLC     BML Logo
In This Issue
Featured Article
Unpatentable Inventions
Lean Startup and OA
Join Our Mailing List

 

 

 

Youtube Channel

 

 Checkout  the latest postings to our new YouTube Channel.  You can find videos on many of the topics covered in the newsletters.

 

 

 Newsletter Archive

To find back issues of the newsletter go to www.bmllc.net
 Newsletter - December  2014
 
  Please feel free to forward this newsletter to others who might be interested in our activities.   


Unpatentable Inventions

Unexpected Surprises from the Patent Office

 

Most readers of this newsletter are familiar with the common rules defining what is patentable.  Something patentable must be: Novel, Useful and Unobvious.  However many people are surprised to find that some of the most important discoveries of the last 200 years could not be patented and if your invention falls under one of those categories it can't be patented either.

 

The key word here is Discovery. An invention can be patented, a discovery cannot be.  So for example , Einstein's Theory of Relativity cannot be patented.   Neither can  the discovery of the structure of DNA or the Theory of Evolution.  A work of God or Nature if you will is not considered to be an invention.  If a scientist uncovers such a natural law he may publish it but may not patent it.

 

Natural laws however may be applied and those applications may be patented.  So while the structure of DNA cannot be patented,  Gene sequencing machines which make use of the knowledge in the genome  can be patented.

 

Sometimes these distinctions get into grey areas where the courts are called upon to settle things.   In the DNA space for a while it appeared that genes themselves might be patented.  However the courts seem to have changed that rule recently.

  Here's a link to a Wikipedia article on the patenting of genes.  Apparently gene patent-ability  differs from country to country, for example genes can be patented in Australia but not in the US. 

 

The important thing is while natural laws and discoveries cannot be patented the use of them can be.  "In the United States, natural biological substances themselves can be patented (apart from any associated process or usage) if they are sufficiently "isolated" from their naturally occurring states. Prominent historical examples of such patents include those on adrenaline, insulin, vitamin B12, and various genes."- Wikipedia.


 

Another thing that cannot be patented is equations.  While equations are used extensively in all kinds of scientific endeavors and are  often the key elements of computer software used to control and communicate everything under the sun  the equations themselves are not  patentable.


 

This makes an interesting challenge to someone writing software.  In my experience software is most often patented by patenting the block diagram of the algorithm and copyrighting the code used to implement it.  This allow the equation to be copyrighted as part of the code and used as part of the flowchart block.  But the equation itself is never patented so that anyone who wants can extract the equation from the software block diagram and use it anyway they want.


 Going back to our illustration of Einstein's Theory,  the governing equations of Relativity are not patentable,  but if someone uses those equations to perform a useful function such as controlling an atom smasher, those methods and the software needed to create them are patentable.


 This subject is obviously pretty complex and full of uncertainties which is why its been a common area for patent litigation.  Hopefully you will never get a patent application rejection for trying to patent a natural law.   If you do, give us a call.  We may be able to find a way you can patent your invention while still making use of the law itself

 

 Just call or email.

 

 

email  rblazey@businessmetamorphosis.com 

or  give us a call at  (585) 520-3539  

 


How Much to Ask  For your Invention?


Most Inventors  have no idea of what their invention is worth.  Either they have a completely unrealistic view of their "Million Dollar idea" or they  undervalue it and take less than they might have been able to get if they were better informed.

Despite the many smart people who have tried various schemes for valuing patents, the only true test is the market test.  The value of a  patent is what a serious buyer is willing to pay for it.

That last statement is very useful because it leads to the questions that will determine what a reasonable price to ask for the invention is.

When a company purchases an invention they may have several different motivations.   They may wish to commercialize the invention or they may wish to keep it off the market.  They may want to add to a portfolio of patents they are amassing or they may (as in the case of patent trolls)  want to simply own the patent in the hopes that someone with deep pockets will come by and use it without permission so they can generate a large cash settlement in lieu of  a lawsuit.

Uncertainty is a big part of the determination of the value of an invention.  The less the uncertainty the easier it is to set a price for the invention.  That is one of the reasons we invented the ROTH scoring matrix.  In one direction ROTH is a measure of degree of development,  but in the other direction  it is a measure of uncertainty.  A ROTH of 100 has a high degree of development and  a low uncertainty , and the reverse is also true.  A ROTH score of zero has the lowest degree of development and the highest uncertainty.

If you want to increase the value of your invention, then it stands to reason that what you need do first is reduce the uncertainty surrounding it.  Often this does not require more product development but instead more research,  particularly Market Research.

At the large company where I once worked it was a common dictum of management that the corporation was much more comfortable with technical risk than with market risk.  Technology despite its complexity is ruled by well understood natural laws.  Marketing on the other had depends on the often unknowable and capricious whims of customers.

I'm old enough to remember the wild success of "The Pet Rock" which was simply a beach rock in a package with a book attached.  My guess is that no one studying the market for this object would have predicted it would sell.

I once heard a study about the Pet Rock where it was described as a book with a physical illustration.   I guess that's as good an explanation as any.   So the best way to learn if there is a market for your invention is to test it.   The new techniques taught in the Lean Startup process can be very useful here.

Lean Startup teaches the use of the "Minimum Value Proposition".  Basically you test your idea out in a series of iterations.  Making the minimum invention that you think customers will respond to and avoiding the impulse to perfection and adding lots of "bells and whistles".  Let the customers tell you what they like about your invention and what they hate about it.  You will probably be surprised.  Then in each subsequent iteration you move the product closer to what the customer really wants.  

If you do this  correctly you will save a lot of time and money and have a much greater chance at producing a successful product.

To learn more about how to license your product and get help in doing so please contact ITTr using the information below..


For more information write to rblazey@ittrifecta.com or call (585) 520-3539

Calling Scripts

Penguin Logo
When Penguin does market research it frequently makes use of calling scripts.  Scripts are often thought of as rigid and formulaic but they don't have to be.  Correctly structured scripts can collect information that goes beyond the True/False,  Multiple choice type of responses to a questionnaire.

The type of script we frequently use is called a "Tree Structured  script.  In such a script the choice of a Yes or No answer leads to a different response depending on which answer was given.  

For example the first thing one needs to do with a calling script is to establish that you are talking to the right person.  So the first question of a script might be something like "Are you the Director of Whatever?".  If the answer is Yes the script proceeds,  if its No, the next question might be , "Could you transfer my call to the Director or give me their contact information?".  

Another important thing to do with a script is to establish the mood for the call.  This is usually done before the "Tree" is initiated.  The caller might say something like this is Mary calling from the Rochester Penguin group.  We are not selling anything, we are conducting a survey on "whatever topic"  and wish to be connected to the "Director of Whatever". 

 We realize the director may be busy and if she is not currently available can you tell us when would be a good time to call?  If there is anything that can be said that would show the call is to the benefit of whoever is being called now is the time to say it.

ITTr uses the "Voice of the Customer" method in building its calling scripts.  We always invite the customer to supply answers outside of the simple Yes/No offered by a questionnaire and the body of the script.  Our callers take down that information and provide it to the customer along with the conventional analysis of the script questions.

To learn more about Penguins Voice of the Customer calling products checkout our website or call us at the number below.


to rblazey@rochester.rr.com or
 visit our website at www.RochesterPenguinGroup.com
 or call us at (585) 520-3539
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.
 

 

Referrals Welcome 

We are never too busy for your referrals.  If you know someone who could benefit from any of our services, please introduce them to us by phone or by email.  It will be much appreciated.