Does anyone have any questions on inventing, patents, trademarks or other intellectual property?

[ron komorowski]

I can help if anyone does. Usually there are a few interested in patents and inventions. This stuff is important to know because it is said that intellectual property, trademarks, trade secrets, patents etc. are about 50% of a comapany's worth.

Ron Komorowski
Inventor of Handi-Straps
Handi Straps Lifting System Home

[samvit]

Hye, I have some ideas that I wanted to patent since long time. But didn't do thinking its too time and money consuming to start with. Could you help me please? mail me at samvit4u[at]gmail[dot]com

[ron komorowski]

Hello Samvit...people don't realize, even the experience ones in this field is that patent prices vary very much. I've seen patent agents who are absolutely capable of doing a good job sometimes offer to write patents for under $2000. this depends too where they live in the country because of living expenses. You do not need a local patent attorney or agent because part of this field is doing business far away when you present your invention so get used to negotiating from far away and never meeting.

A patent attorney usually charges about double the price an agent will. The average for an independent inventor for a relatively simple gadget is $7500. An agent will charge about half. The USPTO (United States Patent and Trademark Office) gladly has a program to help independent inventors(not a company that develops ides) write their own patents. The examiners actually "take you by the hand" and explain to you how to write claims and all, the same really that they do for the pros in the end.

Keep in mind an attorney for a complicated invention who has luxury offices in a big city can run your patent bill into 10's of thousands. It very much matters who you picked but the good news, all prices have dropped since the bad economy.

You will then have to pay for filing fees of about $550 and pay for the technical drawings which should cost about $300 on average if you hire a person who specializes in patent drawings but I had my artist friend do my drawings for free on one of my patents.

Design patents are much less as they only patent the appearance of something and not the usage or utility of the invention.

There is also the Provisional patent you can apply for which will cost you just over $100 in filing fees. I really suggest not spending any money on a professional to write up a provisional patent for you as they may charge you $2000 and this application expires in one year. It is only used to delay filing a full patent application for one year to give you a chance to shop your invention around.

The provisional patent application is only available in the U.S. and no other country but it is available to everyone around the world.

I like to file full patent applications so it forces you to be "dedicated" to your idea and really put the full effort necessary in to succeed, otherwise people rend to give up on pushing their ideas too quickly and THAT is the major reason they fail.

You need much research to even begin to look into this field. It is cut-throat...meaning very tough, people will take what you have , try to compensate you unfairly etc. You need to read multiple books and do internet research for a while to even think about a venture in this filed as it is highly tecnical and ticky...not to forget all the "tricksters" that you will also deal with in this field.

Ron Komorowski
Inventor of Handi-Straps
Handi Straps Lifting System Home

[affinity1]

Hi Ron. Here's my question: Let's say I want to trademark a name. If someone is already using that name and releasing material under that name but there is no entry in the governments trademark/copyright database for that name, can I still apply for and be granted the trademark ownership of that name?

If the answer to the above question is no... If I change the way the name appears, for instance if I add a hyphen between the two words in the name, can I then be granted the trademark on that hyphenated name?

[affinity1]

Ron my 2nd question is this...

I am interested in getting a design patent. My idea is fairly simple but I'm curious as to how detailed the patent has to be to be accepted. Who is responsible for writing the detailed description?

Also, I'm sure you have seen a product comes to market and then seemingly a month later a VERY similar but slightly different product comes to market. Have you heard of companies or individuals that scan newly published patents and basically copy the design (but slightly modified) in order to capitalize on the popularity of the first design? Is there a way to minimize this risk?

[ron komorowski]

Affinity....there will always be a trademark similar and if you become big someone will always challenge your trademark and it is the quickest way for them to make $10,000 which you give them to go away. This is only if you get a very big product making many millions.

The laws say trademarks have to be different enough as to not confuse the public and it depends how big the companies are. You can gave Ford the automaker and no one else can use Ford for anything related to motor vehicles but you could have Ford landscaping company. You might get told no by the USPTO but you can fight for your reason that it is a different market.

For Handi-Straps I just put in the hyphen to be a little different since there are so many names very close. I should be ok but I did not register. You can establish your trademark by letting the public know you are using that name. Suggested "official" ways are an interstate sale.

One sale in another state and you are protected in that state, so if a company has not sold in a state they could have their rights challenged in court, but also, who would take the time to challenge? Will they ever? Nothing wrong with giving a trademark name similar and ask them for permission if you can use.

Entry of trademarks in the USPTO are with "intent to use". If you enter and you do not use or use in your home state in New York then you can use in New York as long as it does not confuse the public...and that is a judgment call, but the name would be harder to register bur some of the biggest products you know have just a TM next to them and not an R which means they were never registered.

Having a website and establishing the domain name, also a newspaper article will also help legally establish your rights to use a trademark as you did "alert the public that you are using that name"...but you have to convince a judge if there is any conflict.

Handi-Straps was not registered. I had interstate sales in every state in a couple months, all kinds of articles out there plus the website. I have the rights to that name now. If my sales were only in one state then I would have rights only in that state. Hope that helps!

Ron

[ron komorowski]

Affinity....your second question, a patent attorney or agent can write the design patent but it is much simpler than a utility patent and you can possibly write yourself and save the $1500

There are always similar products out there or so people think so. Even if a design patent is weak, much weaker in protection than a utility, you are showing all that you are taking steps to protect your idea. You can certainly license your idea on a design patent but the protection is 6 years less than a utility at 14 years.

A total of $2000 to call your product patent pending and a little more if it is approved (patent issue fee) is a good deal and makes smart marketing sense. A patented product will get more respect in the market as it shows the manufacturer is protecting something that is worth protecting and it is new.

A few people may watch the publications by the USPTO for published or issued patents but these are mostly people looking to sell you services to develop your product.

It is VERY hard to develop a product and get a following/reputation out there with my Handi-Straps. It is also very expensive. Nobody wants to challenge me now in the market. They will wait until I spent piles of money getting the public familiar with the invention and have big sales numbers. After I do all the hard work they come in like parasites and challenge you if they can. Maybe they can never "catch up to you" so they just stay away.

Don't worry about someone stealing your idea from the USPTO. You can get a lawyer to sue on contingency even for triple damages for willful infringement if they do that.

Ron

[affinity1]

I'm not sure if I understood your answer to my first question. Let's say that the name has a unique spelling and is being used in the banking industry but is not trademarked/copyrighted. I want to use the name in a different way but still with the unique spelling and in the banking industry. Will I be able to trademark/copyright the name with the unique spelling?... Or are you saying that if a name is not in the government's trademark/copyright database but is being used, than the person who is using the name has some sort of protection over others from using that name?

[ron komorowski]

No Affinity...you are confusing the public doing that. You know that. I think you and I talked before a couple years ago.

Someone was just on the news a couple years ago using the name like Starbobs coffee and had to stop. Courts said confusing the public. Do you think they were? You might not think so but it is an obvious ploy to some to capitalize on Starbucks reputation.

If you used Starbobs for a bank you should be ok...but you never know until a decision is made in court and I am sure when Starbucks got big a bunch of small business owners tried to challenge them for trademark infringement just for money because they don't know how to make any.

I didn't realize, there is a Handi Straps in England and something also similar in the U.S. Both those websites are seeing a very nice increase in website traffic because of me so the similarity helps them. They shouldn't complain. I think they were there first, and I really don't care except the one in England cost me a couple articles in magazines but the were there first and it's another country so nothing legally can be done I THINK except if I do business there.

I'm not an expert but can advise a good amount to help the young entrepreneurs here for a solid start.

Many times too you can call the trademark holder and ask for permission to use a similar name or even the same name. If the markets of the business does not touch yours the owner will usually say sure...go ahead, you can use the name. B2B are usually very helpful to each other rather than hostile.

Last Affinity, you will surely get an office action (denial) from the USPTO on any name you pick for anything and you will probably need your patent lawyer to explain why you should be able to use the name. You can file for a trademark yourself very easily, I have at an initial cost of $350 unless it went up a bit like patent apps did.

[Scooby]

Hey Ron,
Do you sell your product through retailers? If so, how did you find the agents or get into some of the large retail chains? How much did it cost and for what kind of shelf space?

[affinity1]

So if they are using a name but it's not trademarked/copyrighted and I start using that name.... can they tell me to stop using the name and do I have to legally abide by their request to stop using the name?

[ron komorowski]

John...if they are using the name...say Big Cake Bakery Shop and they never registered the name but they sell all over town, one legitimate sale of even a doughnut establishes the trademark in the state. If they sell a doughnut to someone in another state they can have first rights to trademark in that state.

If they register the name with the USPTO then they are "reserving" the name for use in entire U.S. but the USPTO will only hold if the reserving person(s) "promise" intent to use so if they do not, after a period of time the trademark will become abandoned.

Again, a publication with a website or newspaper etc. does establish some rights but I am not that indepth to know exactly. Trademarks get very tricky and if you have a "big" business and you have the money you should definitely hire a patent lawyer that does trademarks.

If there is Affinity hot dogs doing business in NY and never registered with USPTO and they never sold out of NY you may be able to use for Affinity hot dogs in FL or IL etc. but if they published something about the business and intent to expand or it may be assumed, then there may be something legal there and you should consult a lawyer, but it's EXPENSIVE. You might be better off calling Affinity hot dogs and just asking them to use but you should have reason like your last name is Affinity and you started printing stuff up with the name...something so they are understanding. This is from my own personal experience.

The best thing to do which everyone surely does is do a search on the name on the net but DO NOT put in Affinity.com or .net because if it is not taken the domain name, someone will try to secure it and then sell it to you. Just look up Affinity.

Best option is to stay clear of others names. I really wanted Handi-Straps and had the name in my head for 5 years prior to even a quality prototype. I could be challenged on the name...but trademarks are NEVER sure...you can always be challenged.

My cousin printed up all kinds of stuff for a house gutter company. Turns out the same name exists for a gutter company a few states away. Their markets should never cross, too far away, but there will probably be problems if my cousin goes on the net like this guy or if the name even gets on the net, he may get sued I guess. This is why a lawyer should be consulted. I advised him to drop the name and take the $1000 printing loss. He made a stupid mistake, but out of honest ignorance. Maybe he will be ok. The other company did register the name with the USPTO. It's up to him if he wants to sue my cousin or just make him stop using the name.

NOTE: IT IS VERY EASY TO SEARCH THE USPTO FOR REGISTERED OR APPLIED FOR TRADEMARKS EVEN IF THEY ARE PENDING ALLOWANCE. ALL SHOULD DO THIS IF THEY START A BUSINESS ESPECIALLY IN THE INTERNET AGE. YOU CAN OPEN ONE STARBOBS COFFEE HOUSE IN YOUR TOWN ONLY AND STARBUCKS CAN MAKE YOU CHANGE THE NAME. TRICKY...EVEN FOR LAWYERS.

[ron komorowski]

Scooby..I'm only at it for 3 years, right when the economy started the slide. I stopped talking to Home Depot for instance 3 years ago because I couldn't get "my numbers".

This happens with a new product and if you are independent. You need to prove the product out there with QVC, small shops, publicity with medias...whatever you can do, even big flea markets and fairs. I was on the Discovery Channel with Billy Mays. Billy STILL went to the fairs and pitched, same fairs for 30 years!!! He told me himself.

You have to prove the product and get a sales history or else the retailers will low ball you and want to sell your product too cheap.

I have sold direct to Boeing, Ford, Proctor and Gamble, Heinz, Winnebago, States and the Federal gov't plus worldwide, EMS, FDs....on and on. I am building my sales history which will give me leverage with big retailers and I will talk again to them when the economy gets better and I can AFFORD distributors.

Also, you don't always have to buy shelf space, the price you get from the retailers will just get lower and smaller distributors do not charge for shelf space. I really think that bought shelf space fits the larger manufacturers and then they really can put most any new product they want on that shelf...they have more leverage and can arrange, decorate however they want but for a little guy with one product, a buyer probably would never even ask you to but shelf space but they may ask you to supply free standing displays or some kind of poster or even live demonstrations...maybe even you to stock the shelves! It's all different each time.

If you have a product to debut and you are a small player your best bet may be to get in catalogs first. They are more loyal, take less of the profit, will list you for lower minimum sales and are MUCH more likely to distribute your product than the big retailers.

You may never want to be with big retailers where you walk in and shop. How about going with Amazon online? They work on less profit. Some online retailers or even small distributors with a store or catalogs will give you a shot if you will drop ship so they don't have to buy first and stock.

There are books on this stuff...bringing a product to market. You MUST read a book or two before taking a crack at it but BEWARE...when you gave something good everyone will wanna be a middleman for you (rep) because they can make alot of money in sales after you did all the hard work!!! I got people all over the world that want to open "Handi-Straps stores" and compete with me!

BE CAREFUL who you make deals with when bringing a product to market. You could end up in a contract paying a rep 10% of the wholesale price for nothing. That is like half the profits you could make! You could make double if you make the deals yourself without the rep...but sometimes you need them too. They get 7% to 10% to sell to retailers for you. Sometimes retailers will not buy one product from one person. You have to use a bigger (rep/distributor) who sells a pile of products to the retailer.

I have companies that don't want to buy direct from me. They ask their distributors to stock my product so they have "one stop shopping" which is ofcoarse easier. Same with retailers.The buyers rather have simplified ordering.

Ron Komorowski
Inventor of Handi-Straps
www.handi-straps.com

[sweet.mommy.mary]

hello i have a question..

i come from an asian country and i'd like to know if the patent that i have for my invention is recognized under international laws? can i run after some people duplicating my invention even if the patent is registered in my home country?

[ron komorowski]

Your patent is only enforcable in the countries you file in so you cannot chase people infringing in other countries but doing so anyway is a real headache. You may be better off just fighting them in the market and sometimes infringers can actually help you make your idea more popular.

A patent today is more the "little guy" than the big guy unless it is for an invention that can be definitely defined exactly like a chemical patent. The best way to control the market is the jump on the market and establishing your trademark which then builds a customer following.

Many big companies do not even file a patent anymore like they would years ago because they know someone can get around most times and make just a little different so the company goes all out trying to BRAND the product (establish the trademark). I ABSOLUTELY advise patent protection if you can, but sometimes a good idea just can't be protected because of many reasons and there are "other ways"...you just don't have to abandon your great idea.

Don't worry about foreign companies making a product similar. If you are the first to make the product your heart is in it most and you should do the best job possible. Get an investor or a company to help manufacture, export to these countries and "beat them up" in the market. You can't collect royalties from that company but you can make lots of money being a key employee of that company.

I have foreign patents pending. It is not a fun process at all and very expensive. There are other ways to keep control of your idea besides patents.

A Chinese patent is a very good strategic (and cheap to obtain) patent to have. Many companies and inventors are now seeking Chinese patents to help control manufacturers from infringing.

You may think about www.go4funding.com to find a U.S. investor/partner to help you. This is a good website like a few others where investors and entrepreneurs/inventors can meet. The Wall Street Journal wrote a good article about this site. That is how I know about it and had success with contacts myself there.

Good luck!!!

Ron Komorowski
Inventor of Handi-Straps
Handi Straps Lifting System Home