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How do you license something?

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How do you license something?

Post  Beth Roberts on Mon 21 Feb 2011 - 18:40

Can someone explain in simple English what the process for licensing an invention is? I’m not sure I have an actual invention but I have a great idea. Can you license an idea?
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Licensing Explained

Post  Ron Docie Sr on Tue 22 Feb 2011 - 0:51

Beth, Licensing is an independent business deal between two or more parties. Just think of a license like you would the word lease. You can sell your house or lease it. Likewise, you can sell your patent, for example, which is called "assigning", or you can lease the rights, whereby you would retain ownership of your patent, and this is called "licensing". Can you license without a patent? I'll let a patent attorney answer this one. However, you CAN make money from your invention without a patent, and collect payments just like you would in any license, and the money's still green no matter what you call it.

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Re: How do you license something?

Post  Mark Reyland on Wed 23 Feb 2011 - 0:10

Licensing is a process that involves “renting” or “leasing” the rights to your idea/product to someone who will then manufacture or commercialize it. In return they give you a royalty payment – normally each quarter. That payment can vary by each deal, however a good rule of thumb is going to be between 3% and 10% of the price the final product is sold to a retailer.

If you have great ideas and not a lot of money licensing can be a great way to build a series of royalty payments each quarter. We call that “Mailbox Money” and many professional inventors have regular mailbox money on products/ideas they have licensed.
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Under Stand the Risks

Post  Guest on Wed 23 Feb 2011 - 1:37

Great Comments:

Please Inventors understand the Risks in Inventing, some good links below, the best way to reduce this is your insurance against failure, Research the Markets, Patents and past products that did not have patents, I am talking serous Research, that takes 4-12 weeks, before you even move forward with Patents.

You need the level of Interest required to move forward, this level needs to come from Manufactures, Distributors and Retail Buyers for Chain Stores.

Not from the Inventor him/Her Self or friends and family.

http://www.inventionstatistics.com/Innovation_Risk_Taking_Inventors.html

http://www.tenonline.org/art/9705a.html

http://inventors.about.com/cs/basicshowtoinvent/a/aa041599.htm

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Re: How do you license something?

Post  Guest on Wed 23 Feb 2011 - 3:49

Ron Docie Sr wrote:Beth, Licensing is an independent business deal between two or more parties. Just think of a license like you would the word lease. You can sell your house or lease it. Likewise, you can sell your patent, for example, which is called "assigning", or you can lease the rights, whereby you would retain ownership of your patent, and this is called "licensing". Can you license without a patent? I'll let a patent attorney answer this one. However, you CAN make money from your invention without a patent, and collect payments just like you would in any license, and the money's still green no matter what you call it.

When a manufacture has the Assigned Patent, you have a different relationship (positive), manufactures or Distributors are always concerned that a Inventor will for a silly or un-justified reason cancel the License Agreement (I have meet and know Inventors who are unrealistic and unreasonable, always talking about the big millions of dollars, well for most its pie in the sky stuff), meaning all the money they invested is wasted, yes they own the Patent, but you have a contract and remember it can take 2-4 years for an approved patent, unless you have an approved Patent, do you really have any I.P?

unless the Patent is approved you have nothing to enforce or give exclusive rights, because you are Licensing future rights and not current ones with a Patent Applied.

Ron Docie Sr wrote:the money's still green no matter what you call it.

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The Magic Toob...

Post  nimblejack on Thu 3 Mar 2011 - 7:34

You know how it goes Mark, one foot in front of the other! I just picked up another testimonial for the product from Hollywood Lamp and Shades out in LA. It will probably go up on the website later today. They bought enough Toobs to outfit 40 shades that they manufactured for a major Las Vegas hotel that preferred to remain anonymous so I can't name them, but here's a hint: Think ancient empires. Wink

Last night I did a mini interview with Laura Petrecca who is a reporter with USA Today. She's doing a story on people who have been laid off during this recession and decided to strike out on their own as entrepreneurs. She told me that she had seen my (rather amateur) website and this little snippet I had written for my profile when I was still with Edison Nation:

"I was laid off in July 2008 just when the economy was beginning to unravel. I decided then that I was NEVER going back to work for anyone else. I haven't made much money with my product yet and I've put in a lot of 16 hour days, but this is still the best "job" I've ever had."

That caught her attention and she figured I would be a good candidate to interview. Of course as I found out during last night's chat all she really had space for was about a half dozen lines but she neglected to mention that! As a result, the three pages of the eloquent prose I had written in response to the questions she had sent got cut down to the bone. Nonetheless the story will run in USA Today on Monday Feb 7th. I wonder if this means Stephen Key will want to interview me again? Very Happy

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Hi Jack

Post  Guest on Thu 3 Mar 2011 - 7:48


Jack,
Your Honestly and Frankness about your journey is very important, so other new Inventors understand, what they are getting into!

Well Done Mate!

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Re: How do you license something?

Post  nimblejack on Thu 3 Mar 2011 - 9:17

HA! Thanks Derek! I do tend to put myself out there warts and all but I would have to agree with you, it's only by being willing to "share the journey" that you learn and help others at the same time. If anything I post about the hassles I've encountered or mistakes I 've made (and there have been plenty!) can help others avoid the same, then I'm only too happy to do it!

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Re: How do you license something?

Post  Mark Reyland on Thu 3 Mar 2011 - 10:13

Didn't she find you when you were posting over on EN?
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Re: How do you license something?

Post  nimblejack on Thu 3 Mar 2011 - 17:02

That's true Mark, she did. Unfortunately I'm no longer a member there. I got too tired of the sniping and snarky behavior that goes on there. They just don't do a good job of following their own forum rules. It's a shame because I met some wonderful people there that I'm still in contact with. Perhaps some of them will decide to join us here.

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I do tend to put myself out there warts and all

Post  Guest on Fri 4 Mar 2011 - 3:45

Jack,
I love your quote "I do tend to put myself out there warts and all"

Makes me think back to August 2008 (My Lowest Point in Inventing), when with my Roofing Protractor was dumped by a large brand, who made a big play for my Roofing Protractor after I went on the New Inventors April 2008.

http://www.abc.net.au/tv/newinventors/txt/s2204482.htm

Originally pre T.V exposure I was working with a local brand and importer, we were half way through the new Artwork and and the Hardware Chain buyer had asked for branded samples for ordering.

So sometimes to much interest in a new product due to exposure can cause its own problems and implosion's.

I experienced massive pressure from a well know U.S Brand (4 weeks of e-mails) and a very large tool company did their best in 1997 to try and convince me to abandon the project, I have already proven the market and sold to 100's of people, and not received one complaint, because that is always a fear (most Inventors should naturally have), understanding your market also, I always knew I was chasing a niche market, very early on.

what I will say there is a real satisfaction in finishing a project, getting it right and doing your best.

Thanks Jack you inspired me!

Wink

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Beth: Regarding your licensing question...

Post  nimblejack on Fri 4 Mar 2011 - 8:59

Beth

If only the answer to that question was simple! In theory at least, you can license an idea. In a way, that's what licensing is about but I'm no expert. However, this guy is:

http://www.rogerbrown.net/

Everything starts with an idea. That's the easy part! The hard part is all the legwork you have to put in to try and move the idea forward. I'll try to summarize. The first thing you need to do is try and determine if it's feasible, practical and affordable to turn that idea into a product. That begins by doing three things: research, research and RESEARCH! You need to try and find out if similar products already exist in the marketplace. Once you've done a LOT of research you'll likely come to one of two conclusions: This nothing out there like your product idea or there are one or more things like it. If it's the first case, then you're in good shape with the uniqueness of you idea. If it's the second case your idea may still be viable IF it's compares more favorably to the potential competing products in the marketplace. For example, if yours has features that the others don't or if yours can be made out of an equivalent but less expensive material, or it represents a significant improvement of an existing idea etc. Ideally, your chances of success will be far greater though if the idea is TRULY unique.

Much of the first part of the research effort can involves simply looking in the stores where you would expect similar ideas to be found. You can also do some of that searching on line. If you do that and can't seem to find anything similar it still doesn't mean the idea is unique. It's possible that one (or more) people may have had a similar idea and may even have filed for a patent but simply haven't brought it to market yet. So the next step in the process would be to conduct a THOROUGH patent search. This can be done through the USPTO website, as well as other sites like Google Patents, Patent Storm and others. This is probably the point at which most people will have to make their first critical decision regarding how much capital (i.e. money) they feel comfortable risking. If you're confident that you've done a VERY thorough patent search but you're concerned that you may have missed something, you may want to consider having a patent attorney do a search for you as well. You can expect to spend at least $500 for that. But EVERY case is different! This is why there's no simple answer to the licensing question. Licensing is a long and rather complicated process.

So let's assume you've now done a lot of research and maybe even spent $500 or more to have a patent attorney confirm what you've concluded from your own research (not a required step). You then have to decide if a patent is even worth pursuing. Roger brown will tell you that "patentable" does NOT mean "saleable". The example he likes to give is this: You could undoubtedly patent a pair of edible sneakers, who would ever want to buy them?? Patents are generally good to have in order to protect your inventions but are not always required. Again , it depends on the idea and other circumstances. Now that being said, often times companies simply won't even entertain a product idea unless a) there is some sort of patent protection in place (or at least initiated) or b) a very strong case can be made (through that THOROUGH patent search!) that the idea is indeed patentable. Think about it, of you're a company thinking about licensing someone's product idea would you be willing to invest THOUSANDS of dollars needed to turn that idea into a product and bring it to market if there was chance that someone ELSE actually owns the intellectual property rights (i.e. patent or patent application)? I'm guessing probably not!

Hopefully you're not too overwhelmed at this point. There's much more to do from this point on but there's really no point in continuing if you're already starting to feel as though you may be biting off more than you’re willing to try and chew. You now have at least some idea of what's involved in the long, complicated process of licensing. You're now at a point where SO MANY inventors make the mistake of thinking that this is too much work to take on themselves so they decide to go to one of the many invention assistance companies out there and pay them to do all the work. The HARD DATA REQUIRED BY LAW clearly shows that 99+% of the people who choose that route often end up spending thousands of dollar with NOTHING to show for it and NO LEGAL RECOURSE to recover the money spent! If you want to avoid that fate and you have the drive, ambition, tenacity and optimistic never-say-die outlook to make it happen then there are people here on this site that can help you. If you want to continue this discussion just say the word!

Jack
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BETH: REGARDING YOUR LICENSING QUESTION...

Post  Guest on Fri 4 Mar 2011 - 17:57

Jack,
you are right if more Inventor's listened to Roger Brown, probably half the money wasted on new products would be avoided overall (doing the correct market and Patent Research first), in the past on other forums Roger talked about, researching the products already on the shelves and which companies would work harder to gain more shelf space, these are very good points, also have one new product only is a battle, but a new range can make a big difference, so look for companies that your new product would slot right in with.

Also Buyers from Chain Stores play a large role:

Picture this I had a meeting with a buyer for 4 new products, 3 are already Licensed and all costs (Patents and tooling paid for by Taiwan Manufactures) the buyer wants the one I only have a prototype for, then to turn this around more, the Australian Distributor pressures me to supply the FOB Pricing and pay tooling from China.

It was going to cost me $45,000- (made in China) for the 3 new moulds for the new sizes of this Level, for an order of 3,000- units.

There is real value in working the system backwards, getting feedback from buyers, distributors and manufactures, because they have a better idea what will sell than, also they all have proven sales.

For Me personally the only time I spend time with a Patent Attorney is when all the costs are at the manufactures expense, I have worked with 30 Inventors (many different projects) and nothing good has come out of them paying all the patent costs, its just emptied their bank accounts, and disparately trying to make their money back that they spent on patents first, remember only 1% of all patents make big money for Inventors, the other 99% is just money poured down the drain.

Even with a Brilliant Invention, I know that the Inventor needed to Assign the Patents to the Manufacture, because patents in 10-20 countries became to costly for the Inventor once R/D hit the $400,000- figure on their project.

The worst case have seen is an Inventor spending $4 million on his new drill without any sales, selling both his farms to fund it, that one is a can of worms.

"GET THE LEVEL OF INTEREST REQUIRED IN YOUR INVENTION"

Spend your money on only Research and Development: like I did for the below new product.

http://www.youtube.com/watch?v=6JcjAIqCD9M

Very Happy

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12 Step Program Sealing a Licensing Deal for Under $100

Post  Roger Brown on Sun 3 Jul 2011 - 7:19

I appreciate the kind words by Jack and Derek. Here is an article I wrote for Inventor's Digest that breaks down how I do it. I hope this helps others avoid many of the pitfalls of inventing and saves you thousands of dollars.

http://www.inventorsdigest.com/archives/5042

There are two questions that come up any time I talk to inventors. The first is “Do you really get your invention ideas licensed for under $100?” When I say, “Yes,” the second question is “How?”
This is the route I take for most of my ideas. I do not pay for a provisional patent application or formal patent. I use a non-disclosure agreement (NDA) when approaching a company with a new product idea.
You don’t need a patent or patent application. There are plenty of large and mid-sized companies that will review non-patented ideas. Companies that are interested in my new products pay for any intellectual property protection, if they desire.
Meanwhile, I get inventions to market spending between $10 and $100 (when no attorneys are involved). Other than the opportunity cost of doing research and other preparation, my first royalty check is pure profit. I am not waiting months or years to earn back the thousands of dollars spent on patents, huge presentations that aren’t needed, professional prototypes, or paying fees to invention submission companies before I break even.
Below is my step-by-step breakdown of how I go from conceiving an idea to closing a deal.

Step 1 – The Idea
Inspiration comes in many forms. You can be walking through a store, see a product and have an idea for a better product right off the top of your head.
Watching TV, reading magazines, driving, or just listening to people complain about their problems with everyday tasks are also great ways to spark ideas.
Seeing an improvement for an existing product or a better and more user-friendly method generates ideas especially if you are the one using the product. Take my sunglass visor clip, for instance. The existing product on the market broke easily, would not hold every size of sunglasses and required two hands to operate.
I had purchased two of those products. Both broke within a couple of months.
My solution was a product that held any size sunglasses and did not require a locking mechanism, so there weren’t extra parts that broke easily. And my version only required one hand to operate.
The best part is I solved all the problems of the first product and was able to sell it at the same price. The consumer gets a better product and does not spend additional money. It’s one of those win/win situations. You can see the visor clip at my Web site www.rogerbrown.net

Step 2 – Research
You must conduct research to see if your product idea is already on the market.
Look in stores that would carry the same type of product. Go to Lowe’s and Home Depot if you have a tool idea and search online. You can also search using the “Images” feature on most browsers.
I do this before looking on the U.S. Patent and Trademark Office’s site because it gives you a broader view of what’s already on the market. It also gives you a feel for what type of word search you want to do once you get to the USPTO site, www.uspto.gov.
I also suggest using Google Patents at www.google.com/patents.
Most Inventors don’t like the tedious part of researching. But once you start doing it, you will find you get quicker at it. You will find your own shortcuts to get faster results. Research is your money saver. It keeps you from moving forward on a project that is destined to fail.

Step 3 – Is Mine Better?
If I do find a similar product on the market I ask myself whether my product is significantly better and less expensive.
I answer this as a consumer, not as the inventor. You have to be able to step back and look at your idea without emotional attachment or you are doomed.
If my product idea is inferior, I drop it and move on. You are wasting your time pursuing a project that is competing with a superior or less expensive product.

Step 4 – More Research
If I do not find a competing product on the market or I know for a fact (not just wishing) that mine is better and less expensive, I research companies.
This is done through contact information gleaned from products in the store, Web sites and LinkedIn.com, where you can find employees within the company. I also look for articles written about the company and press releases that often have contact information for the person in charge of submissions/new product ideas.
Thomasnet.com is a great source for information about companies and what they manufacture. You can also find lists of inventor-friendly companies at inventorsdigest.com, edisonnation.com, inventorspot.com and the United Inventors Association www.uiausa.org.
Make a list of companies you want to approach, starting with the big ones. Collect all your contact information. But DO NOT contact them yet. You are still getting your ducks in a row at this stage.

Step 5 – Sell Sheet
Now it’s time to prepare your presentation or sell sheet – a one-page, bullet-point synopsis of what your product does and why it will generate value for the company.
Think about the blurb you see on the back of a book. This blurb gives the reader an overview of the 300 or more pages of the book. Based on this blurb you make a decision whether to purchase the book.
The same can be said for your pitch. Based on how well you grab the reviewer’s attention and convey the market value of your product determines whether you’ll make the sale. When it comes to sell sheets, less is often more.
If you lack artistic skills you may need to find a designer to help with drawings and illustrations. Consider contacting your local college and ask to speak with an instructor in the graphic design department. Ask if they could recommend a student about doing some freelance work.
If you do hire a designer or any outside help, make sure they sign an NDA first and agree on price in writing. Moreover, make sure your agreement states that this project is WORK FOR HIRE. They do not own any part of the project. You are only hiring them for a flat rate to do this work.
You may be able to pay them a royalty percentage with no money up front, with no payment if you don’t land a licensing agreement. There are a number of variations in deals you can propose. You just need to both agree.
Just remember to make sure everything is in writing and signed.

Step 6 – Practice
Practice, practice, practice your pitch. You should know your sell sheet without having to look at it. The botched presentation is where many inventors drop the ball and lose the deal.
Before you call any company you need to be able to talk clearly and concisely about your product. You don’t want to tell the person on the phone you will have to get back to them with information they request. You need to have your pitch down to under 30 seconds. Who wants to hear you ramble for five minutes and still not have a clue what you are talking about?
You are supposed to be the expert on your product. Make sure you are completely knowledgeable of your product and can give your pitch on a moment’s notice.
You want it to sound natural, not forced when you talk about your product. You don’t want to come across as an auctioneer or extremely nervous. Practice will give you confidence and with confidence comes poise – even when the butterflies are flocking in your stomach.

Step 7 – Knocking on Doors
Now that you have your sell sheet completed and your pitch down, start approaching companies to see if they are interested in ideas from inventors. Ask what their protocol is for submissions and read over any paperwork they give you carefully.
Make sure the NDA you are signing covers you and the company. Make sure it does not state that you are sending in your idea freely and giving the company your idea for no compensation.
You would be surprised how many people get excited that a company shows an interest in their idea and completely forget to read the terms.

Step 8 – Fine Print
Once you have received the NDA, read it thoroughly or get an attorney to read and approve it.
Know that hiring an attorney likely will cost you more than $100.
Do not send presentation or sell sheets or any other materials until the NDA is signed by all parties. Make sure you keep copies of the NDA.
Some companies have not dealt with ideas from outside the company and do not have a nondisclosure form. Offer to send them your own to review and sign. You can find NDA forms at various inventor Web sites, including mine.

Step 9 – It’s in the Mail
After the NDAs are signed and delivered, it’s time to send your presentation or sell sheet.
Make sure you keep the originals and have them handy in case the company wants to discuss any aspects of them over the phone. Make sure your contact information is on every page of the materials and any prototypes/samples you may be asked to send along with the sell sheets.
Do not send prototypes unless the company requests them. They do not want to be responsible for items they do not request.
You want to make sure that if any of your materials get separated from the others that they still know who they belong to. Unless your product is extremely complicated you should be able to describe your product within two pages, preferably one.
If not, boil it down to your best pitch and include the statement, “Additional information is available upon request.” If you can’t grab their interest in two pages, your idea – or more likely your sell sheet – may be too complicated and needs work.

Step 10 – Patience
Wait for the company to review your sell sheet. I usually ask the company what its typical turnaround time is for a response.
I wait a week past that time to hear a response. If no response, I follow up with a call or e-mail.
It also helps to ask if there is a better time to send them the materials.
A kitchen company I contacted told me it only reviews submissions the first week of every month. Sending something in the middle of the month meant it would be collecting dust.
Each company has its own system. You need to find out what it is and follow it if you want to succeed.

Step 11 – No Means Move on
If a company declines to go with your idea, go to the next company on your list and start the process all over.
Get used to no. No is a part of doing business. It is not an insult to you and generations of your family. Companies decline offers based on business decisions. If you have a hard time with the word “No,” you need to find a different field.
If the response is yes, ask for a licensing contract for review. Jump for joy and shout a lot … but wait until you hang up the phone first.

Step 12 – Sealing the Deal
Once I receive a contract I make a copy of it. This way I can use a highlighter on it without damaging the original.
I use this copy to mark any areas where I have questions. I read it several times to make sure I truly understand it. If the contract is fine, I sign it and make copies of the signed version for my records. I always keep a copy in another location in case of fire or act of God.
If the company and I cannot agree to mutual terms, I thank them for their consideration and say I have to take my idea elsewhere. Companies understand the word “no,” and that sometimes deals just don’t work out.
That is part of doing business. I have never had a company I told “No” to tell me never to submit anything else.
You have the power to agree or disagree with any clause in a contract and walk away. You are not obligated to agree to anything that is not in your best interest. The company wouldn’t. Why should you?
As always if you feel you are not qualified to read and make a decision on the contract, consult a lawyer.

And finally, there’s this: Dreams are accomplished by those who do, not by those who wish.

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Do invention search contests usually work out?

Post  robertbrady on Fri 17 Feb 2012 - 19:31

Roger, in your experience, do contests like this one work? http://www.xclosure.com/application-page

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Re: How do you license something?

Post  nimblejack on Fri 17 Feb 2012 - 20:38

Roger

I'm getting better but I'm still not past Step 11: "No Means Move On" I'm still just s little too stubborn to accept that one. The Big Idea Group passed on the Magic Toob, but I think it was a big mistake on their part and I plan on letting Michael Collins know it! I need to hear him say "No" one last time... Wink

Jack
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Contests

Post  Roger Brown on Tue 10 Apr 2012 - 12:54

Contests are like anything else you want to enter or service you want to use. Make sure you know the rules, what the requirements and what you may lose in the process. Some contests say whether you win or not they own your idea, others own it only if selected. Understand what you actually win and how they pay you and the percentage they pay you. Do they charge you a fee or do they take a portion of your winnings as payment? It can be an interesting experience but you don't want it to cost you your idea in the process or make public disclosure of a product you do not have patented or patent pending.
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Re: How do you license something?

Post  Aruna on Tue 23 Oct 2012 - 13:15

Very good read, thank you! A question related to this, can you license an invention to more than one company? If I have a novel idea for brassieres, can i strike a deal with more than one, or is the license automatically exclusive to the first that signs, or can I go back and forth with negotiation between two companies looking for a better return, or just sign both licenses? I would assume this would just depend on the contract verbiage.
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License an invention

Post  Roger Brown on Thu 1 Nov 2012 - 21:07

You answered your own question. You can get whatever deal you and the company agree too. Most companies will want an exclusive agreement. But you can also makes deals where you carve out different sections for the same product. If your product could be used as a tool and a toy. You could license it to both markets and neither one would harm the others market share.
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