Earlier today I had a heartbreaking conversation with an inventor, who I will call Jack (Not his real name). About five years ago Jack invented a new tool and he sought assistance in getting a patent and licensing his invention. Unfortunately he saw a slick advertisement for an invention promotion corporation and gave them a call. The sales staff promised him that his invention would be worth millions of dollars and that they would help him cash in. Over the course of the next few years they charged Jack over $7,000 for their patent prosecution and marketing "services." How much money has he made? None.
Last week Jack noticed that another company is selling his invention. Jack would like to enforce his rights but he can't. His patent is a design patent which only covers the "ornamental design" for Jack's tool, not its concept and its various embodiments. The promoters got Jack a patent all right, but it is worthless for enforcing his rights.
Please, please, PLEASE, think before you decide to work with someone. Check them out before sending them your hard earned money. Go to the USPTO web site, read the inventor resources page. See if they are listed on the USPTO complaints page. Take a look at this brochure. Go to the FTC web site, run a search on "invention promoter" and take a look at a few horror stories. You might also want to visit the InventorEd.org web site which contains a wealth of information for independent inventors. The InventorEd site has an extreme caution list of companies and people that is worth checking out.
Jack has now lost his savings, his invention, and his pride.
If you have questions about patents and the patent process my contact information is listed below.
September 27, 2004
David M. Gange, Ph.D.
Registered Patent Agent
Updated April 25, 2005