Business Metamorphosis LLC     BML Logo
In This Issue
Featured Article
Are Patents Unnecessary?
Making a Good Introduction
Fishing for Information
Letters to the Editor
Join Our Mailing List
New Website
Checkout our brand new website. Just    Log on to www.bmllc.net. Also please tell us what you think.  We are always looking to make it better.

Expedited Patent Examination for Seniors

I have just learned that the US patent office will offer their expedited service, which reduces the examination time from 18 months to as little as 3 months is free to those 65 and older. See Section IIIB of this link.

You Cant do it All Alone
If you missed our breakfast seminar on finding help for your business email me and I'll send you a copy.

Letters to the Editor

Section at the End of this Newsletter

 

 

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.  Click on News (the newsboy) at the bottom of the home page.

 Newsletter - November 2015
 
  Please feel free to forward this newsletter to others who might be interested in our activities.   


Marc Cuban says "patents are unnecessary"
  Is he right?

Many of our readers are familiar with the TV series "Shark Tank"  and one of its chief sharks Marc Cuban. In a a recent post to a Linked In group,  Mr. Cuban remarked that in all of the deals  he funded he had never found that a patent was an important determining factor in the deal.

Is he right?   The question is when Mr. Cuban is funding a company, what is it that he is"buying into"?  Usually VC's and other such investors are looking for the growth potential of a business.  A business which has a large potential market while very important to a VC like Mr. Cuban is not what a patent is about.

A patent,  by itself does not assure access to the market.  What a patent does is prove ownership of an idea.  That ownership right is what makes it possible to sell the idea to someone else,  but without the hard work of commercialization,  the idea may never be realized.

However, without a patent  anyone can copy an  idea and attack the same market, and more  importantly they can do so without having expended the R&D funds needed to produce the idea in the first place.

The time a patent really shows its worth is after  an idea has been commercialized.   Patents rights don't sell for Billions of dollars (as they sometimes do) for no reason.  They do so because they guard access to an important part of a marketplace.

The reason one Kodak patent was highly valued was that it controlled access to a Market where Apple was making Billions of dollars.

Having a patent is a "necessary but not sufficient condition" to protect an invention particularly when the market the invention serves is valuable.

Another point that Mr. Cuban makes is that patents are easy to circumvent by "inventing around"  the patent claims.

This statement is only partially true.  Whether it is true or not depends on how strong the claims were to begins with and how well the patent is written.  This is  where its important to have a first class attorney.  Narrow claims can almost always be written around.  Strong, well written claims provide good protection.  I've often been told that good patent claims require anyone trying to circumvent them to design an inferior product.   

If your invention is worth Billions you can't protect it with a bargain basement patent.   Some inventors think they can protect their inventions with a provisional patent and they are encouraged in that belief by some less than scrupulous vendors.

Actually a provisional patent only gives the inventor a year to file a non-provisional patent without loosing his patent rights should that non-provisional be approved.  By itself it provides no protection whatsoever.

Another strategy that is sometimes employed is to try to invalidate a patent by proving that it should never have been approved by the examiner.  This strategy essentially repeats the patent examination but in the much more expensive venue of a courtroom.  The best defense against this method is to have a well written, and very importantly, a well researched patent. We do patent searches at BML and often find that examiners overlook what might have been stronger prior art.  You can be sure that in a high cost high value court case that art would not be ignored.

You may have heard that Facebook wasn't patented,  but that didn't keep its founders out of patent court.  Here's a link to a video I made about that case.

So whether Mr. Cuban is right or not "depends" on a lot of unpredictable variables.  The fact that large corporations spend a great deal of money on getting patents is one indication that they are not valueless.


Your best strategy is not to ignore patents unless your invention is of such a low value that no one will try to steal it.  If your invention is of high value your patent protection should be also.

For lots of  help in getting that patent,  checkout our website  www.bmllc.net or contact us using the following.


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

ITTr Logo

Making a Good Introduction
"what's in a good flyer"
 


In the April 2014 newsletter we introduced the concept of the "One Page Flyer".  This document is the first thing we send out to potential buyers or licensees of an invention. Its the most widely distributed of our literature and its very important task is to catch the interest of someone at a target company who will either take the next step of contacting ITTr or pass the flier on to someone else at the company who will do so.
 
Since we have been in business at ITTr we have created many different fliers.  Some we have prepared ourselves and some have been done by graphic arts and advertising professionals.
 
Obviously the more professionally produced fliers have the best change of attracting buyers but they are also quite expensive.  Our standard offering when there is no administrative fee includes only our internally produced flyer.
 
If a customer wishes to invest in a higher quality flier we have Graphic Artists and advertising professionals we can all upon to  prepare them.
 
The best place to start  flyer is with content the client already has generated for themselves or for other purposes such as for their patent application. 
 
The client is the ultimate expert on their invention, and this fact is both a strength and a weakness.  Often the client wants to say too much for a one page flyer.
 
The flyer is a sales document intended to attract the attention of the persons who might be most interested in the patent, not to explain technical details of how the invention works.
 
We also ask the client to prepare what we call an "executive summary".  That document can contain the detailed technical , financial and marketing information that clients often try to shoehorn into the one page flyer.
 
Its our job at ITTr to focus the flyer on attracting attention and offering to share details later with those who are really interested in knowing them.  Work with ITTr to create a first rate flyer.
 


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


Fishing for Customer Information

Penguin Logo

We are often asked why we named our company "The Rochester Penguin Group".  We liked the name, and the image, but more important than that, RPG shares something with Penguins.  They search for fish,  we also search. but we search for information.  Everyone of the Penguin businesses has something to do with information search. 
  • First Look is about searching for information about companies that others might consider acquiring or merging with.
  • Market Sonar is about searching for the reaction of existing or potential customers.
  • Trade Show Followup- is about searching for the interests of people who attended trade shows.
  • Finally, Sherlock is about searching for unusual and hard to find information, like the current location of a Ponzi schemer who had closed shop and disappeared with his clients money.
Ruth Balkin, who the Penguin Group was built around, is an expert in doing document research with a extensive  background and connection to networks of other researchers.  She also subscribes to a number of services that would be too expensive for someone just trying to solve a single problem.

For example, when Ruth tracked down the  Ponzi schemer for a client who he had defrauded, she was able to use a Private Detective's database that few outside that profession have access to.  Using it, she was able to find all the places the schemer had been living from the time he disappeared to the date of the search.

Ruth often says that "if you can't find it on Google in 10 minutes, call me".  All of us today have instant access to an ocean of information that would be unimaginable just a few decades ago.  But having access to that giant haystack doesn't mean its easy to find  the needle you are looking for, even with the help of "The Great God Google".

So if you need help finding something and its getting too time consuming and expensive.  Contact Penguin.  We may be able to help.

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.  See the New Letters to the Editor link in the block below
 
Sincerely,
 

Richard Blazey
Business Metamorphosis LLC

Comments and Letters to the Editor

 

To Readers of the BML Newsletter:

 

Many of you have wished to comment on articles in the newsletter and up until now there has been no mechanism to do so.  Now if you wish to comment you can just reply to this article.  Please mention the issue of the Newsletter (Month, Yr) and the title of the article you are commenting on.  Add your name if you wish

 

Best Regards,

 

Dick Blazey

 




 

Disclaimer

 
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.