Small Business IP Protection and Management

Funding a New Business

For entrepreneurs struggling to fund a new business, there are some alternatives.  Top 25 Alternatives to Venture Capital provides a list of funding alternatives that can be explored.

Starting a new business

Below are a few links which present questions to help an entrepreneur with starting a new business.

[1]    [2]   [3]    [4]   

Selling to the Chinese

Interested in learning about selling to the Chinese market?  Check out this post at Small Business Trends. 

Information for Individual Inventors

From the USPTO:

USPTO To Hold Live On-Line for Independent Inventors

Senior officials of the United States Patent and Trademark Office, as well as a representative from the Patent and Trademark Depository Library Program, will be available live on-line on Wednesday, February 22 from 2 to 3 pm. They will be answering questions and offering tips for independent inventors. Instructions for taking part in the on-line will be posted on the home page of the USPTO website at 10:30 am on Wednesday. Inventors can begin logging on for the on-line at 1:30 pm.

The independent inventor on-line is part of the USPTO's continuing efforts to promote and protect America's independent inventors. This effort includes educating inventor-entrepreneurs about the risks of working with invention development companies.

The USPTO has also has transcripts and FAQ's from prior on-line sessions.

Market Research

Through a guest column, Small Business Trends has provided a very informative post on market research.    The post outlines methods of conducting market research and illustrates how they can benefit a small business.  Links to numerous resources are also provided.

Invention Promotion Companies

It never fails.  We typically end up with a client or two that show up at our door every month after having spent money on an invention promotion company, sometimes large amounts of money, with little or nothing to show for it.   People are drawn to these companies because they are unsure how to begin the process of applying for a patent, or are unsure whether a market exists for a product.

While some invention promotion companies may provide a legitimate and valuable service, many do not.  The inventor is often charged a substantial amount for "canned" reports that provide little information of value to the inventor.

If you are so inclined to use an invention promotion company, at the very least, conduct a little research on the company BEFORE you contact them.  To assist with that research, a list of complaints against these types of companies is maintained on the USPTO web site.  Complaints dating back several years are maintained, as well as links to other helpful web sites.  Another resource to use is the Consumer Alert area of the Federal Trade Commission web site.

Alternatively, inventors may want to contact the Wisconsin Innovation Service Center (WISC).  WISC is a non-profit organization sponsored by the University of Wisconsin-Whitewater, the University of Wisconsin-Extension Small Business Development Centers, and the U. S. Small Business Administration.  A number of services are provided by WISC.  These include:

• New product assessments
• Distributor assessments
• Current or potential customer assessments
• Licensing partner searches
• Competitive intelligence searches

WISC will also assist with a preliminary patent search to identify art related to the invention.

WISC does charge for the services provided, but the fees are not unreasonable for the services conducted, and the products provided are specific to the invention (not canned reports).  The services provided by WISC can either be used prior to or simultaneous with the filing of a patent application.  WISC can help an inventor or small business decide whether a product is worth pursuing and in making other well informed business decisions.

Additional information can be obtained at the WISC web site.

Of course, you should also consult with a patent attorney.  Typically, you are not charged for an initial consultation, and the attorney can provide you with an approximation of costs that will be incurred during the patent process.  If you would like to review general information about the patent process, an overview is available here.

International Business Assistance

If you own a small business and are considering exporting U.S. products or services, a great place to start is the BUYUSA.GOV web site for the U.S. Commercial Service of the United States Department of Commerce.  The U.S. Commercial Service helps U.S. companies find new international business partners in worldwide markets.  Additionally, the service helps companies outside of the U.S to find U.S. suppliers of products and services.  A database of offices is maintained on the web site as well.

For a company interested in exporting, a substantial amount of research can be accomplished on the web site such as market research, trade shows, and identification of buyers and distributors.  Counseling is also provided to assist with the above research.

By selecting China as a country of interest, for example, a user is presented with a wealth of free or fee based choices.  Information for specific industries, a schedule of trade shows, current trade leads, latest news and events, tips for doing business in China, and publications and market research can be obtained.

Therefore, if you are considering expanding your business in foreign countries, or if you are located in a foreign country seeking to do business in the U.S., the BUYUSA.GOV web site is an excellent place to start.

China - A Freight Train Heading for Us?

I was asleep at the switch and missed an insightful post on the Small Business Trends blog (an excellent resource for small businesses) regarding Chinese Competition's Impact on the U.S.  The post discusses the current and future impact on small businesses in the U.S. by Chinese products being imported, and ends with a bold prediction.

Selling a business?

If you are selling a business and are looking for a few pointers, check out this post on Bizz Bang Buzz, - a technology start-up law blog of business lawyer Anthony Cerminaro.

Market Assessment for Inventions 2

This post is an addition to the Market Assessment for Inventions post from January 28, 2005.  At the WISC web site, a presentation is posted entitled Assessing Market Opportunities for New Products, The Wisconsin Innovation Service Center Approach.  The presentation provides a framework for a new product market assessment, and includes helpful information in respect of attempting to bring a new product to market.  For an individual inventor or small company, it is well worth the time to review the presentation.

Market Assessment for Inventions

A common problem confronting small businesses and individual inventors is that of determining whether a market exists for an invention.  A common approach for many is to succumb to the advertisements of so called invention promotion companies.  While some of these companies provide a legitimate and valuable service, many do not.  The inventor is often charged a substantial amount for "canned" reports that provide little information of value to the inventor.

If one is planning on using an invention promotion company, it is suggested that the company be thoroughly researched.  To assist in the research, a list of complaints against these types of companies is maintained on the USPTO web site.  Complaints dating back several years are maintained, as well as links to other helpful web sites.  Another resource to use is the Consumer Alert area of the Federal Trade Commission web site.

One resource available to inventors as an alternative to the invention promotion companies is the Wisconsin Innovation Service Center (WISC).  WISC is a non-profit organization sponsored by the University of Wisconsin-Whitewater, the University of Wisconsin-Extension Small Business Development Centers, and the U. S. Small Business Administration.  A number of services are provided by WISC.  These include:

• New product assessments
• Distributor assessments
• Current or potential customer assessments
• Licensing partner searches
• Competitive intelligence searches

WISC will also assist with a preliminary patent search to identify art related to the invention.

WISC does charge for the services provided, but the fees are not unreasonable for the services performed, and the products provided are specific to the invention.  The services provided by WISC can either be used prior to or simultaneous with the filing of a patent application.  WISC can help an inventor or small business decide whether a product is worth pursuing and in making other well informed business decisions.

Additional information can be obtained at the WISC web site.

Press release tool for small companies and individual inventors

Most large companies have media contacts and the infrastructure in place to generate publicity about recently filed patent applications and issued patents. Some companies seem to make announcements about every major patent milestone. How can a small company or individual inventor generate this kind of publicity?

ereleases.com is a service that offers press release writing and distribution. Although we have not used this service, more information can be obtained from this press release in Google news. The release comes from a small, one-product company in Florida.

General Article on IP for a Small Business

Here is a short, but informative article on protecting IP for a small business.  Numerous other helpful links unrelated to IP are also listed.

Another Resource

Another resource for individual inventors and small businesses is The Invent Blog.  This blog "is the law blog (blawg) of registered patent attorney Stephen M. Nipper, covering news and information relevant to independent inventors, small businesses, interesting inventions, patents, trademarks, copyrights, and intellectual property law in general".  Mr. Nipper is located in Boise, Idaho.

Good Resource for Entrepreneurs and Small Businesses

If you are an entrepreneur or have a small business and would like a good source of information, you might want to check out Bizz Bang Buzz, a "blog of attorney Anthony Cerminaro, focused on law, entrepreneurship, small business, technology and other items of interest".  He writes on a variety of subjects of interest, and includes a number of useful links to other blogs and resources available on the web.

IP Protection

Protecting intellectual property for any business entity is important.  Preventing another company from copying important equipment, products, or processes; protecting trademarks which could be the single most valuable asset for a company; etc., are extremely important.   However, for one reason or another, small and medium sized companies often fail to protect intellectual property rights.  Frequently, this results in lost profits for the companies, and could ultimately result in closing of the company.  Protection of intellectual property rights in modern times has become even more important with foreign countries producing knockoff products and flooding the U.S. with the copied products.

The issue of failing to protect intellectual property is not unique to the U.S., however.  A recent article from the U.K discusses the importance of protecting intellectual property by a small company or individual inventor, but discloses the results of a study that indicate this is seldom done.

Technology

As a final note for the day, an early focus of this blog will be to explore technology and its application to IP issues.  The next several weeks will focus on how small companies, and those professionals that service these small companies, can use technology to provide better quality, efficiency, and price.

Issues of importance

The following are a few issues of importance in searching for an IP attorney:

• Quality
• Efficiency
• Responsiveness
• Price
• Capability
• Diversity
• Use of technology

In addition, if it is anticipated that an intellectual property portfolio is to be developed, the following will also be important:

• Organizational skills
• Interpersonal skills
• Ability to understand company objectives
• Ability to convey company objectives
• Use of technology
• Motivational skills