How to Approach Manufacturers with a Product Idea

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mjrippe

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Greetings folks,

I have an idea and a working prototype for a small audio related widget (mechanical, not electronic).  I think there would be a market for it and others I have talked to seem to agree.  However I am not interested in producing, marketing, and selling it myself.  There are a few companies that I think would be interested as they make related items.  My goal would be to sell the concept/rights/etc. for an agreeable sum.

My questions are:
How do I go about approaching them with the product idea?  Cold calling a global corporation seems ludicrous. 

Do I have to have a lawyer?  I do not have a patent, but have documentation of the idea and development of the prototype.  Do I need to do more to protect myself?

I know some of the folks here have designed commercial items, hold patents, and have maybe been down this road before.  Any advice would be much appreciated.

Thanks,
Mike
 
I would think about patent definately , but lawyer for the start should be sufficient.
Good lawyer definately will give you advice what proper step make and when make it.
 
First you need to determine if you have any protectable intellectual property and then get it protected. With no protection your idea will simply be stolen once you reveal it. Also you should draw up a confidentiality agreement to prevent any one you reveal your idea to from passing it on to someone else.

Cheers

IAn
 
My humble opinion, drawn from my past experiences.

If you have a patentable product and you believe it will make you a millionaire (which I would not be so sure about) first go and get it patented.

If not, then do not waste your money on having a lawyer by your side. It will do nothing.

If you have a commercially viable product then why would a company pay you royalty when they can steal the idea, tweak it and introduce as their own?

Spend your money and effort on getting the product out in the market by yourself, sell as many as you can and move onto the next.
 
mjrippe said:
Greetings folks,
I didn't respond right away because I find it hard to be optimistic. That said I encourage invention and creativity so congratulations for seeing a problem and coming up with a solution.
I have an idea and a working prototype for a small audio related widget (mechanical, not electronic).  I think there would be a market for it and others I have talked to seem to agree. 
Accurately estimating the profit potential of a new widget depends on several factors, I have worked inside decent sized companies that grossly over-estimated sales for some new products, and underestimated others. The only truth is customers voting with their hard earned money.
However I am not interested in producing, marketing, and selling it myself.  There are a few companies that I think would be interested as they make related items.  My goal would be to sell the concept/rights/etc. for an agreeable sum.
Do not assume that they would be interested just because the products appears to fit their product line (in your opinion).  I spent a couple years at my last real day job as the guy who reviewed outside idea submissions, perhaps a personal problem but I did not approve one idea to pursue further.

Companies are rarely sitting around without new product ideas, but typically too many to pursue, forcing them to prioritize their resources. It cost money to tool up a new product, it cost money to properly merchandise, etc. If the outside inventor expects a cut off the top (actually a cut off the top of the wholesale price). That means a higher market price point (or less profit) all else equal.
My questions are:
How do I go about approaching them with the product idea?  Cold calling a global corporation seems ludicrous. 
I have some experience with that... I grew frustrated by getting dropped to voice mailbox of some low level handler. The best way to get access to decisions makers is to know friends of friends who know the executives personally, and that only guarantees a hearing, not success.

Some advice I got from a friend recently that I haven't tried yet, is to approach a new company through the sales reps or top sales executives. They are more willing to talk, and more positively biased about new product ideas. If you get them enthusiastic, they may open some doors inside, but again just a foot in the door, nothing more. 
Do I have to have a lawyer?  I do not have a patent, but have documentation of the idea and development of the prototype.  Do I need to do more to protect myself?
I am a strong advocate of using lawyers before problems occur not after. It is always a lot cheaper before the sh__ hits the fan. You definitely need legal representation before signing a deal with a company.  (My better deals were all handshakes and letter contracts, but that was then not now).

IP protection is another poorly understood strategy. A patent can cost tens of thousands of dollars, and after securing a patent it only gives you the right to sue. IP lawsuits can cost $millions.  (In a bizarre twist some IP lawsuits are now being prosecuted in China because even that is cheaper there.  ::) )

Peavey filed a patent infringement lawsuit against Behringer over my most successful patent while working at Peavey (FLS the LEDs above the EQ sliders that indicated feedback).  Behringer won (by not losing in court), so I should pick my words carefully. Long story short, a patent and relatively deep pockets is not always enough to prevent competition, the big boys play hardball. 
I know some of the folks here have designed commercial items, hold patents, and have maybe been down this road before.  Any advice would be much appreciated.

Thanks,
Mike
If passionate about the product maybe make them yourself. I would lower expectations about getting compensated well for somebody else taking all the risk and doing most of the work. Over the decades I have had multiple associations with private companies as an outside consultant. The most successful partnerships were when the companies approached me to solve some problem or help design some product. My attempts to sell myself have failed miserably (perhaps Karma paying me back for rejecting so many outside ideas.)

From decades of designing products... we are living in a golden age for product development. Modern computer tools allow us to design 3D parts, with a PC and $100 software. Then these 3D models can be emailed to China to get tooling made for a fraction of US tooling costs. You can even set up a website on the cheap and sell them yourself. Maybe after you demonstrate that it is a viable product you can approach a partner with sales data and from a position of strength.

Of course there is a risk that somebody will rip you off, but being ripped off is the ultimate compliment. I've been complimented that way a couple times.  :eek:

JR
 
You can also do the old 'Registered mail' trick to show it was you who invented it and when.

Document all aspects of your invention and get someone like a lawyer to witness you signing and dating  the documents.  Seal the package securely. Then send the package registered mail via the postal service to yourself - usually double or triple envelope it -  and leave the package sealed and unopened.

Might be of help

Cheers

Mike
 
madswitcher said:
You can also do the old 'Registered mail' trick to show it was you who invented it and when.

Document all aspects of your invention and get someone like a lawyer to witness you signing and dating  the documents.  Seal the package securely. Then send the package registered mail via the postal service to yourself - usually double or triple envelope it -  and leave the package sealed and unopened.

Might be of help

Cheers

Mike
I'm afraid that is an old myth.... and no real lawyer will (should) participate in such a scheme.

To document the priority of an invention we used to use dated notebooks (with numbered pages) that were hard to insert pages into, to back date an invention but devious inventors could always leave blank pages. I routinely prepared confidential disclosure documents, basically a signed affidavit stating my invention in layman's terms, and then get a witness to sign "read and understood" below my dated signature. If an invention isn't simple to describe and understand it may not be a very good invention. 

The US changed to FTF (first to file) from FTI (first to invent) in 2013 (all mine were under the old FTI  system). FTF is used in the rest of the world and makes proving priority of an invention less important, since the FTF date is a matter of public record and much harder to game.

JR

PS That said there are other lower cost patent strategies but I will not give legal IP advice since I have been out of the new patent game since before the rules changed. 
 
Unless it's something truly groundbreaking, good ideas are a dime a dozen.

In my experience, until you've executed the idea by bringing to market, and can prove there's a demand through your books, the idea itself will probably have no value.
 
Thanks for all the replies.  I am not in a position to manufacture it myself at the moment, but perhaps in the future.  I agree that a patent is not valuable if you can't defend it and right now I can't afford the patent itself, so...I guess it goes on the back burner until I have the resources to consider bringing it to market.
 
Just because you have a patent doesn't mean a big company won't steal the idea.
https://en.wikipedia.org/wiki/Robert_Kearns
 
benb said:
Just because you have a patent doesn't mean a big company won't steal the idea.
https://en.wikipedia.org/wiki/Robert_Kearns
There are a handful of high profile cases where the inventor won, (I think there is a similar story around the inventor of the laser) but they are just the tip of the iceberg compared to all the inventors who lose. That wiki article doesn't mention where he got the $10M to pay for pursuing his lawsuit?  Often inventors have to forfeit the lions share of winnings to a syndicate of investors who funded the very expensive legal action.

My patent case where my old employer didn't win in court was between two relatively deep pocket companies. Many patents are filed by companies to hold in a war chest like pawns to use in business against other companies with a similar collection of patents.  Not a poor man's game.

JR
 
I'd use it as a tool to get a job with one of those manufacturers. Get a working prototype, show it, and say "this is the kind of stuff I can bring to your company".

WAY easier than trying to sell an idea.

/D
 
JohnRoberts said:
There are a handful of high profile cases where the inventor won, (I think there is a similar story around the inventor of the laser) but they are just the tip of the iceberg compared to all the inventors who lose.
I failed to mention the worst part of the story, he spent much or most of his life fighting to defend his patent, and I've read where it really took a toll on him.

I agree patents are mainly used as trading cards by big corporations (I learned all this getting a patent in a big corp 15-20 years ago), and are almost more of a liability than an asset for individuals for smaller companies. They're mainly so if another (large) company in the same field points out a patent they're infringing, they can look through their own patents for something the other company infringes, and they can sign a cross-licensing agreement rather than (and I've heard this is one of the worst things a company could do as far as how it looks) paying royalties to a competitor. Having lots of patents also looks good for investors and such. As each patent costs thousands or (more likely for a well-written one that a large company would get) tens of thousands of dollars, it's not a game an individual or small company can play.
 
All of us in the recording biz know the name AMPEX...which was once the 800 Pound Gorilla in both audio and video recording machines.

Alas, focus is lost and we ended up with:

http://www.mercurynews.com/2007/08/07/stakeholder-makes-play-for-control-of-ampex-patent-portfolio/

(Many other articles are online about the Ampex patents portfolio).

Bri

PS, oddly enough, back in the 1950's, Ampex never patented their "Sel Sync" invention!  wowzer....

 
I agree with all that has been said.

A nondisclosure agreement theoretically protects your IP when you discuss the invention with a company.
The NDA can be downloaded from various places on the web although I cannot attest as to how legally solid they are.
If dealing with an honest company this will protect you.
A less scrupulous company will "evaluate" the idea for a period and then offer you a small sum for your efforts or come back and say that they actually were working on the same idea in parallel to you...thank you very much and have a good day!
Once disclosed, NDA or not,  anyone can produce it and it is only legal action that can stop it...again, copious amounts of money.

If the idea has good merit, once you start producing it you may find that a larger company may wish to buy you out or license the IP...likely your best bet.

On the other hand, if you go it alone you may find that it is worth pursuing and wish to keep  it under your name.

At any rate most of the "inventors" do not possess the appropriate business or marketing skills to bring a product to market or form a new business (been there and done that). Align yourself with someone that compliments your skill set to optimize chances for success.

Depending on what excites you setting up a new company can be done quickly, isnt too expensive ( a lawyer can do it for you in an afternoon) and can be very stimulating as you contemplate things like shipping/packaging/web pages/social media/advertising/partnerships.

I wish you the best of luck in your pursuits.

Cheers
Mac
 
Thanks again everyone.  Been a bit dissuaded by this thread, but then Mac provided a ray of hope  :)  Right now is not a good time for me to start a new business venture so I'll just keep the prototype on my desk as a reminder for that future day. 
 

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