The Reality of Inventing

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The reality laws of inventing: Above is a picture of me and my latest processor (invention), along with a video of an earlier model of my invention. By watching the video you will see that I am a seasoned inventor who has been through all of the highs and lows that you are probably going through. I am placing this part on the first page of my blog for any inventors out there who might be interested in the conclusions I came to from my experience being an inventor. If you are interested in my experiences as an inventor, read the pages starting with the prologue. Otherwise, I hope this information will be helpful for anyone out there who is not experienced with inventing, but has an invention. Excitement over your invention can cause you to lose and wast a lot of time and money. So keep a cool head, and good luck. Inventing is a real trip.

1. Out of every 100 devices that are patented, only one actually gets manufactured. Out of every 100 devices that get manufactured, only one makes money. Which means that only 1 in 10,000 devices that are patented makes money.

2. Patents are nearly useless for individuals. If you come up with a good idea, your patent will cost between $5,000 and $15,000 to have it professionally written. The chance of getting a return on that money is less than miniscule. If a company likes your idea and manufactures it without your approval, thereby infringing on your patent, there is not much that you can do. Your cost to get to court will exceed $1,000,000. And the cost of going through court will probably be another $1,000,000. It is extremely rare for an attorney to take a patent infringement case on contingency. So, in reality, companies can copy your idea, and just say, “Sue us”; and, you won’t unless you are rich. And even then, it would take up to ten years to get to court. Patents are good for big companies who have the money and lawyers to sue.

3. If you want a patent anyway go at it like it a hobby. The first time I received a patent, I was beyond excited. The high lasted for weeks. It is really a terrific feeling to know that you thought of something that no one in the world has. The excitement of receiving a patent is just about worth the cost. Regard it like an expensive trophy, because in most cases, that’s what it is. Get it mounted on a wooden plaque, and hang it in your living room.

4. No matter what your invention is, every patent attorney and agent will say it is the greatest idea they have ever seen. They will act excited for you. Patent attorneys and agents know the odds are immeasurably against you. They don’t make money if they don’t write patents. So take your patent lawyer’s excitement with a grain of salt.

5. You can do your own patent searches  online. If you miss a “prior art” patent, the USPTO will search out your idea when you apply, and they will send you a copy of the prior art patent that you missed. My first patent search cost around $900. I waited agonizing months for it. I then found I could have done it myself in a few hours at the USPTO website, even in the early nineties.

6. If you do get a patent and take your device to show a company, have them sign a confidentiality/non-reverse engineering agreement before your meeting. This will give you more ammunition in case they do try to steal your idea. Legally, if any company employee signs your agreement, it is as if the CEO signed it.

7. If you do go for a patent, always try writing it yourself first. There are many good books on the subject. I used “Successful Patent Application” by Thomas E. DeForest, 1988 by Tab Books. If you are a reasonably good writer, you can go through the application process without too much trouble. I found that patent agents at the USPTO were very helpful, particularly when they knew I was writing my own patent. Even if you decide to have a professional write the patent, he will write a much better patent if he has your ideas clearly on paper in “patent form”, and he will have a much clearer idea of what it is you are patenting. He will write a better patent. I spent a great deal of time going over my device with my first attorney. I took a unit to his office, and carefully described how it works. I told him my device has no pumps. He wrote furiously the whole time I was explaining it. He seemed so thorough. I waited three agonizing months to get the patent draft back. When I did, it had the word “pump” in about 25 places. And the description of the device was horrible. The attorney had no idea what I was patenting. I completely rewrote the patent in about two weeks, and took it to his office for correction and “legalizing”. He rewrote it in patent language, and he wanted to charge me another $1,800 for doing so. Obviously, he never got the money, and he never protested. Of the four patents that I have received, I wrote three myself. I had several patent agents write patents for me before I started doing my own, and my experience with all was the same as with the first attorney; awful. I know there are excellent patent writers out there, but my experience with four was universally bad.

8. Pay all of the fees yourself. All of the forms are online at the USPTO website. When I needed to pay my continuing patent fees, which were due at 3.5 years, I got a letter from my attorney saying that he would take care of the fees for me, and please forward him $1100. Of course, the letter didn’t state the amount due the USPTO. I went on the USPTO website, and my actual fees were $350, which meant that for filling out a form, which takes about five minutes, my attorney was going to get $750. The rule here is, as is true with most things in life, “The less you know the more you pay.”

9. Forget the companies that advertise on television for new ideas. “Even if it’s just an improvement on an old idea!” They say they will help you secure your patent, and will get your idea to big manufacturers so they and you can make a fortune! The only money these companies make is from the wishful thinking inventors, most of who, if they sign up, will pay tens of thousands of dollars to the company, and that will be that.

10. The rule of inventing and selling to companies is NIH. (Not Invented Here) If they didn’t invent it, they aren’t going to sell it. I found that, even though I had an incredible processor, one that would be the best on the market, many companies either were angry with me because I outdid their engineers, or they simply ignored me. My son and I kind of laughed at what we called “the blank stare”; because that is what inventors will frequently see. Further, they had spent millions on their processors and they weren’t excited about the idea of putting more money into another product. I naively thought companies would be begging to sign a contract with me. Two companies, Kodak, and Dentsply-Rinn, signed documents with me, had meetings with me, then simply disappeared. They were always “in meetings” when I called, and didn’t respond to my messages; very strange, especially since I had developed what I thought was good personal relationships with the representatives of both companies. I found that the best way to get my product to market was to start a company and do it myself, which I think, would be the best modus operandi for most inventions.

11. Few plastics companies who you deal with can do a great job of producing what you want. Most companies seemed completely competent when I started with them. I was disappointed about half of the time. There were a few plastics companies that I didn’t mention who really messed things up. There were some really great vendors also. My sheet metal company, Cartel in Irvine, Ca was great. My parts suppliers were fabulous. McMaster-Carr (www.mcmaster.com) , a hardware supply company was unbelievable. I could order parts in the morning, and they would be delivered to my door that afternoon; simply amazing.

11. Inventing can gobble you up emotionally.  It is very easy to get obsessed with your invention.  Keep a clear head, and think realistically. Don’t become addicted or obsessed.  It’s easy to do. Inventions and patents can have a way of owning you.  When I was just starting, I was given this advice by another inventor.  I remembered it, and it still got me to a degree.

12. Most of your friends will not be excited about your patent and invention.  There is a very funny interplay that I always had a hard time understanding.  Many of your friends and peers will have what I call the “blank stare”.  When you would think they would be excited and interested, they will kind of just shut down when you are telling about your fabulous idea. I avoided discussing my invention unless I was really persuaded to do so.