Got a Better Mousetrap?

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To date, Bill and Lou have successfully navigated the patent process to protect their intellectual property and courted and selected a manufacturing and distribution partner. They are about to see their first products enter the marketplace.

The duo retained both a patent agent and an IP attorney for specialized expertise. Theyve also extensively used nondisclosure agreements to discuss new inventions before the companys patents were finalized and theyve seen the terms of those agreements violated when a former college acquaintance had a similar product manufactured in China for the American market.

From start to finish, it helps to be an optimist who can combine the unique skills of an inventor with those of a marketer. The idea is 10 percent of the overall effort and the marketing is 90 percent, says Roseville IP attorney Brad Heisler. Theres a fallacy with the old myth about building a better mousetrap and finding the world beating a path to your door. Today you have to beat a path to the consumers doors to be successful.

"Theysaw the terms of those agreements violated when a former college acquaintance had a similar product manufactured in China for the American market."

Get in the Starting Blocks

Think of the IP and marketing process as a marathon and your team as the athlete-in-training, just trying to reach the finish line ahead of the pack. Depending on your idea or invention, youll want to become familiar with the various categories that can provide protection.

For starters, all application papers must be in English or translated into English. By law, only the inventor may apply for a patent, with a few exceptions. If, for example, the inventor were deceased, legal representatives would be able to apply.

Besides patents, there are trademarks, copyrights, trade names, trade secrets and nondisclosure agreements, as well as licensing, mergers, acquisitions and royalties to consider when safeguarding your IP. (See Trademarks, Servicemarks, Copyrights and More, page 40 )

Because the application process for a patent and its requirements are complex, only registered patent agents and patent attorneys are allowed to prepare and advance the patent application to the patent office on behalf of the inventor.

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