You've probably seen those ads on TV that promise to help you get a patent. They make it sound so easy: they do the work and you end up with a patented marketed product. You send away for the "free" inventor's kit, fill out a form, and you get back a nice report explaining that your invention is both patentable and marketable. All you have to do is send them a few thousand dollars and you have it made! Unfortunately, there are lots of companies out there that will take your money and leave you with little to show for it. What's the scam?
These firms provide you with basic market research at a large fee and ultimately obtaining an overly narrow or useless patent that is worthless in the marketplace.The USPTO has put out a scam prevention guide for inventors (pdf). Their top ten warning signs of a scam:
1. slick advertising
2. refusal to respond to your legitimate questions in writing
3. pressure to send money immediately
4. advice to describe your idea in writing and mail it to yourself
5. no promise of a patentability opinion by a patent attorney or patent agent
6. guarantee of a patent or your money back
7. advice to apply for a design patent
8. difficult to reach salespeople or company officials
9. gushing claims that your idea is a "sure-fire hit"
10. refusal to provide client references
Read the USPTO's advice as to what questions you should have answered (in writing) before sending money or signing a contract. It's probably also a good idea to see if there have been any complaints filed about the company you are looking into.
What can you do instead of hiring an invention promoter? Read all the information on the U.S. Patent and Trademark Office's Inventor Resources page. If you don't want to file for a patent yourself, search the database of patent agents and attorneys licensed to practice before the USPTO. Don't trust your fantastic idea to a company that is only interested in taking your $$$$.
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