NEVADA INVENTORS ASSOCIATION

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Dear Bob,
Your e-mail has been forwarded to me for a response. I really love your title: "Are inventing experts actually harming inventors?"

I've asked myself that very same question -- and in many instances my answer is: YES!. I believe the advice given by folks who have an agenda, such as those who's interest in inventors is only financial, or they're selling a book, do tend to publish mechanical answers that sound like wisdom, but really are of no help. The typical advice I've read contains no meat for the individual who asked the question, but does cover the ass of the advice giver. By that I mean what they say is correct alright, and they will never get into trouble for saying it because any inventor can read the same thing in a brochure published at the PTO. pick up almost any book on inventing, or visit the inventors' organizations web sites, and the first thing you'll see is that every expert recommends patenting your idea immediately. OK, I agree, that is the standard advice that covers the ass of the advice giver. And I too give kind of similar advice. . . I confess to that. But Bob, I at least try to understand the question. If an inventor is obviously new at it, and confused, I try to explain to them that, depending on their goals, it is pretty important to understand what is protection and what is not. If an inventor plans on licensing his idea to a licensee, he better understand that selling patent rights and selling an idea are not the same thing. I explain that establishing a proper paper trail, with proper disclosures, will go a long way towards getting him going in the right direction, and that he must understand he has no legal position in court without a patent. It is best not to be blind about risks.
Now having said that, I then try to ascertain just how far along he is with his project and how much he knows about scam outfits and what to expect for the money he might spend. Also, I give him advice on what he can do for himself without spending any money at all. If that's as far as it goes, then I haven't hurt the guy, and he will have at least a better picture of what he's up against. I never tell an inventor that inventing is not expensive, because that
is not true. the 2002 summer issue of Forbes ASAP reports that, "While 11% of the 1.3 million patents issued by the US Patent and Trademark Office went to independent inventors, less than 2% of these make a profit".

Well, Bob, I must take exception to that statement. In the first place, the 11% is misleading. It may be an accurrate statistic, sure, but nearly half the applications filed are from foreign applicants. So considering the American applications, those by independents are closer to 20%, OK? And the 2% figure, again, is probably accurate but misleading. First, an enormous number of patent applications filed are from companies for "in-house" improvements. It's on their own technology that is constanly being improved and expanded. The potential for that type of patent to ever be commercialized, by itself, is nil. The product it refers to is being commercialized already -- it's just additional protection on improvements. Do you accept that? Just look at the extreme number of patents issued each year to the IBM's and General Motors' of the U.S. So just saying only 2% of all patents ever are commercialized is only a statistic that means nothing to the independent inventor. And then add to that the number of patents that never make the marketplace for reasons that have nothing to do with the invention -- like death, bankruptcy, lack of interest, or misguided marketing attempts. The true figure of how many do make a profit may not be known, but I believe it's far more than that 2%. successful inventor and entrepreneur,

Bob Serling, has created a free article called "Bad Advice from Inventing Experts - and How to Keep it From Ruining Your Chances for Success". Bob, I read the article, and I totally agree. It is without doubt one of the best things written for inventors that tells it like it is. He does point out the misinformation and why. That is commendable. I will take your advice and print out enough to pass out at our next meeting, along with his e-mail address and website. I thank you for that.. To your statement that: So patenting at an early stage is almost always the wrong advice! I'll say I hope that isn't true. Any invention of value -- meaning one that truly is marketable -- I cannot believe that trying to market it without protection is the right thing to do. I've heard too many horror stories of inventors who tried to go directly from idea to the "money," without protection, to ever make a statement like that myself. It needs clarification.

I personally have written my own patent applications, because of the costs, and successfully pursued them through the patent process. I saved a great deal of money -- only spending the patent office fees -- so I know it can be done with only a limited high school education and no drawing skills. It was time consuming, sure, but any inventor without the "fire in the belly" isn't going to do much of the work for himself anyway. And he is the one the scam outfits feed off of. Sorry if I sounded too negative, or argumentive, Bob. I do appreciate your comments. I agree with most all you say, just some of it I can't, in good conscience, let go by without speaking up.
Bottom line: I deplore the high costs of patent attorneys, and I'm sick about the scams and rip-offs that keep good inventions off the market and hurt inventors. I'll keep giving out free advice to inventors as long as I'm able, and I'll strive to correct what I think is misleading information, like the Forbes article.
Take care, thanks for the good article,
Don Costar,
founder, Nevada Inventors Association

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