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Getting Started - Understanding the Process

 
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Bringing a product to market is a process and anyone, companies included, who skips steps will spend more money than they need to and may end up with a warehouse or basement full of un-salable merchandise. Below is a quick summary of the usual steps. To protect your idea and open a file please see sections on “Protecting my idea.

Step One - do your homework

The first step is to find out if something is not already out there. Therefore, you should verify every Internet site, catalog, retailer, and private database to convince yourself that nothing similar exists. When you are convinced nothing exists, open a file with us to get the process started. Usually the steps start with opening a file, doing a patent search, and then protecting your product or idea at least through a provisional patent. See section on “Protecting your idea.

Step Two - a patent search will lead to 3 conclusions

A product may not be on the market but a patent could still exist. We have seen a case where tens of thousands of dollars were spent on a prototype, molds, and a production run only to have the entrepreneur taken to court because of a patent infringement. Therefore, at this step we recommend a patent search. The results are usually one of the following:

  • you cannot patent or market the product 
  • you can’t patent the product but are able to market it
  • you can patent and market the product

Therefore open a file, do a search, and protect your idea with a provisional patent

Step Three - then protect the idea with a provisional patent

If the product is marketable and patentable, usually a provisional patent is the next step. A provisional patent allows you to protect your idea but still show it, make modifications, if necessary, and do a Preliminary Interest Study to determine its potential, costs, interest, and approach to market. The provisional patent protects everyone for one year. You must file before 12 months to keep your priority date.

Step Four - finding out if your product or idea has potential

Once the provisional patent is filed, this is the time to do what we call a Preliminary Interest, Potential, Approach to Market and Cost Study. Usually within 2 months we have a good feel for market potential of your product and if it is worth pursuing the project. If there is little potential, you don’t have to file for a patent and you are able to cut your expenses.

Step Five - trial sales, short runs, prototypes, etc.

If there is potential determined after the Preliminary Interest Study, then trial sales, testing the product under real life circumstances, going to a trade show or preparing for a short production run to test buyers’ interest is usually the fourth step. It’s where the rubber meets the road and value is added to your product. It is what we call a mini-launch. At this step there is interest so the results will lead to a full market study and business plan to attract investors, approach companies for licensing, or prepare a full scale launch.

Step Six—deciding on manufacturing yourself or licensing

When your product has proof of sales and you are ready for a major production run, you can either offer it to companies for licensing or sell it yourself through distributors, direct mail or other sales venues. This is the roll out period and by now there should be no doubt about the sales potential. Some of our clients prefer to build their own businesses around the product while others look for a licensing agreement.

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