Ideas for a generating revenue take many forms. For example, an idea for a new product or service, an idea for a new way of doing business, or an idea for promoting a product or service. An idea however is only that, an idea. In order to bring the idea to the point of generating revenue requires a business plan that describes how the idea can be exploited as well as what financial resources will be necessary to implement the plan. Initial financing may include the need for the engagement of professional services personnel to develop the business plan, to secure adequate protection for the idea so others may not exploit the idea, and to conduct financial studies to determine the cost to develop a product or service, the cost to marketing a product or service to make the public aware of and desire to purchase the product or service and the cost to establish sales outlet channels where the product or service may be purchased by the public. In short, it costs money to implement an idea to a sufficient point where others would desire to invest in the idea.
Protecting an idea may involve obtaining patent protection, securing a trademark, securing a domain name for advertising the product or service on the Internet, or setting up necessary contractual relationship to keep a product or method of doing business confidential until full intellectual property protection has been achieved. Our firm is available to provide these types of services on a fee basis as outlined in our schedule of fees. The United States Patent and Trademark Office provides limited assistance to independent inventor. To check out this assistance follow this link.
Timelines, market studies, market penetration plans, expected revenue outlay, expected return on investment, and personnel identification are but a few of the important discussions that must be made available in the business plan. Creating a business plan is achieved by engaging the services of professional business planners, accounting firms and professional marketing service firms. Engagement of such professionals is necessary if your idea is going to succeed in the generating of revenues.
Remember that you as an individual inventor have certain rights that are protected under Title 35. Individuals and businesses that attempt to act as a link between an inventor with a new invention and the manufacturing industry will charge the inventor for the services that are provided. In order to protect individual inventors the United States Congress enacted The Independent Inventors Protection Act of 1999 ("the Act"). In this regard, the United States Patent and Trademark Office will make available to the public any complaints that are filed so individual inventors can verify whether a promoter provides services under false pretenses. Make certain you as an individual inventor seek out this information before engaging the services of an invention promoter. Also remember, most if not all invention promoters will work with a patent attorney who will charge for his or her services. These charges will be in addition to the charges the invention promoter will charge.
The key portion of the Act includes the following provisions:
`Sec. 297. Improper and deceptive invention promotion
(a) IN GENERAL- An invention promoter shall have a duty to disclose the following information to a customer in writing, prior to entering into a contract for invention promotion services:
(1) the total number of inventions evaluated by the invention promoter for commercial potential in the past 5 years, as well as the number of those inventions that received positive evaluations, and the number of those inventions that received negative evaluations;
(2) the total number of customers who have contracted with the invention promoter in the past 5 years, not including customers who have purchased trade show services, research, advertising, or other non marketing services from the invention promoter, or who have defaulted in their payment to the invention promoter;
(3) the total number of customers known by the invention promoter to have received a net financial profit as a direct result of the invention promotion services provided by such invention promoter;
(4) the total number of customers known by the invention promoter to have received license agreements for their inventions as a direct result of the invention promotion services provided by such invention promoter; and
(5) the names and addresses of all previous invention promotion companies with which the invention promoter or its officers have collectively or individually been affiliated in the previous 10 years.
(b) CIVIL ACTION-
(1) Any customer who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by an invention promoter (or any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of an invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys' fees--
(A) the amount of actual damages incurred by the plaintiff; or
(B) at the election of the plaintiff at any time before final judgment is rendered, statutory damages in a sum of not more than $5,000, as the court considers just.
(2) Notwithstanding paragraph (1), in a case where the plaintiff sustains the burden of proof, and the court finds, that the invention promoter intentionally misrepresented or omitted a material fact to such customer, or willfully failed to disclose such information as required under subsection (a), with the purpose of deceiving that customer, the court may increase damages to not more than 3 times the amount awarded, taking into account past complaints made against the invention promoter that resulted in regulatory sanctions or other corrective actions based on those records compiled by the Commissioner under subsection (d).
(c) DEFINITIONS- For purposes of this section--
(1) a contract for invention promotion services' means a contract by which an invention promoter undertakes invention promotion services for a customer;
(2) a `customer' is any person, firm, partnership, corporation or other entity who enters into a contract with an invention promoter for invention promotion services;
(3) the term `invention promoter' means any person, firm, partnership, corporation, or other entity who offers to perform or performs invention promotion services for, or on behalf of, a customer, but does not include--
(A) any department or agency of the Federal Government or of a State or local government;
(B) any nonprofit, charitable, scientific, or educational organization, qualified under applicable State law or described under section 170(b)(1)(A) of the Internal Revenue Code of 1986;
(C) any person or entity involved in the evaluation to determine commercial potential of, or offering to license or sell, a utility patent or a previously filed non professional utility patent application;
(D) any party participating in a transaction involving the sale of the stock or assets of a business; or
(E) any party who directly engages in the business of retail sales of products or the distribution of products; and
(4) the term `invention promotion services' means any act, where the customer is an individual, done for the purpose of procuring a firm, corporation, or other entity to develop and market products or services that include the invention.
(d) RECORDS OF COMPLAINTS-
(1) RELEASE OF COMPLAINTS- The Commissioner shall make all complaints received by the Patent and Trademark Office involving invention promoters publicly available, together with any response of the invention promoters.
(2) REQUEST FOR COMPLAINTS- The Commissioner may request complaints relating to invention promotion services from any Federal or State agency and include such complaints in the records maintained under paragraph (1), together with any response of the invention promoters.'. (b) CONFORMING AMENDMENT- The table of sections at the beginning of chapter 29 of title 35, United States Code, is amended by adding at the end the following new item: `Sec. 297. Improper and deceptive invention promotion.