By Ken Tarlow
Seeking legal protection on a new product can be difficult and confusing for beginning inventors. In the next few issues, I'll discuss the protection process, covering patents, trademarks and copyrights.
In the beginning, when you first think of your idea, write it down in a stitch-bound journal type book. Do not use spiral or three-ring binder journals, where pages can be added and removed. In addition, be sure to use ink to make your journal entries.
Whenever you add a new entry, date the page and then have two friends look at the material. Once the friends understand what you are doing with the product and can explain it back to you, have them sign their names and date the bottom of page. These "journal witnesses" should always be non-family members.
This journal gives you a written record of your invention and an important date of conception that can be used if you are challenged later. Of course, it isn't a patent (your best form of legal protection), but it's an important step in the protection process.
While developing your idea, you will no doubt find it necessary to disclose it to various individuals. Each time you present it, you should first have that person sign a non-disclosure form. These confidentiality forms can be short and non-intimidating to readers.
When you develop a consumer product, you're creating a valuable asset similar to owning a piece of property. Your legal protection--especially your utility patent--is like the "deed" to the property. When you license your product, you're really licensing the patent rights of the product to the licensee. To make sure that you're the exclusive owner of your product, you must document the date of invention and keep a record of the development of your product.
When you show it to others, have them sign a confidentiality form which states that you are the sole owner of your idea. When you hire someone to build a prototype, have them sign a "work for hire" agreement. All these legal steps insure that you (and only you) will get the financial benefits of your new product idea.
And remember--you must be able to pay if you're going to fight a legal battle, so it's best to avoid legal entanglements whenever possible.
Ken Tarlow is president of Tarlow Design, a full-service product development company that helps independent inventors design, prototype, patent and license consumer product ideas. He has developed more than 300 consumer products worth over one billion dollars in retail sales. Tarlow's office is in San Rafael, CA. He may be reached at (415) 457-6428.
The above article was excerpted from Tarlow's MIND TO MONEY, a cassette tape/workbook package that can help you develop a new product from the idea stage to the marketplace. MIND TO MONEY may be ordered from Dream Merchant at $59.95 plus $4.95 CA sales tax and$5 shipping and handling ($69.90 total). Send orders to Dream Merchant, 2309 Torrance Blvd., Suite 104, Torrance, CA 90501.
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