5 Steps to Bringing Your Invention to Market

We’ve all seen cartoons in which an idea is represented by the sudden illumination of a light above a character’s head. Although the image has become trite, it is because of its validity that it continues to be used. While there are inventions that are created through trial and error, the vast majority, it seems in speaking with inventors for these articles, are of sudden inspiration — like a lightbulb illuminating in their minds.

However, experience has shown the idea to be the only quick or easy step on what is generally a time-consuming and expensive journey in bringing an invention to market. "We all come from our own walks of life," says KABA Corp.’s Mark Ravenelle. "Manufacturing a product and taking it to market takes a new set of skills that few of us have."

The process is the steady trodding of five strategic steps, which the inventor should assess at the outset to determine whether he or she should even begin to head down this bumpy but potentially rewarding road.

The idea

Most inventions are the result of sudden inspiration, attributed variously to inspiration, a dream, the hand of God, a revelation from a loved one who passed on or just the unexpected illumination of an idea. This is not to say, however, that the inventor had no experience or knowledge in the area. In most cases, the sudden inspiration was the result of frustration, research or an unfulfilled need.

"This was definitely divine intervention," says Michael DeGinto, who patented the Squirrel Evictor with William Earl. "God sent the idea to Bill. There’s no ifs, ands or buts about that. And when Bill called me, God gave me the vision. It was given to me in one flash. I knew exactly what I needed to do."

"I was out in the field and I saw the need for it," said Ethan Vickery, president of VM Products, and developer of the EZ-Strike Fly Bait Station, introduced in early summer.

"It was total, complete frustration," says Tom Schurmann, inventor of the Professional Dispensing System Tank Sprayer. "I had bought every sprayer I could get hold of — the best of the best. I tried them all" but none met his needs.

"Having an idea is the easiest thing in the world. Selling that idea is the hardest," says Mike Masterson, inventor of the Termiscope. Masterson credits his idea as an answer from above — "I just prayed about it" — along with a lot of time, hard work, research and investment. "I love stories that say someone was an overnight success," Masterson deadpans. "It actually takes a long time to get an invention to where you’re really making money."

The patent

Once you have an idea that you think may be marketable, you need to be careful about any discussion or use of your idea prior to applying for a patent. A published description or public use can void the application or prevent you from attaining a foreign patent. Fred Sowerwine, inventor of the ISS Mousetrap, said he understood the intricacies of patents and told no one about his idea before filing the paperwork. "This is especially important if you want a foreign patent," he says. "If the idea is exposed prior to filing, you can’t get the patent."

"When you have an idea, you want to tell everyone about the idea, but that’s the worst thing you can do," Vickery says. "If you tell someone your idea, then they own that idea too." If they would decide to try to manufacture or patent the idea themselves, he says, you may end up having to prove it was your idea first. Instead, Vickery says, tell only those whom you can trust — and consider having them sign a non-disclosure statement — and to professionals who can help you with the patent, and manufacturing and marketing of your idea. You will then need to perform a patent search; if it appears that your idea is unpateneted, start immediately to protect it by documenting the idea and come up with as many claims in as many ways you can state them as broadly as possible.

Including patent search and attorney fees, a patent will generally cost $6,000 to $7,000 minimum for a simple invention. This can escalate to $20,000 or more for complex inventions. And, this does not take into account maintenance and re-issuance fees necessary to retain the exclusivity of the patent and broaden its protection, or any court or attorney fees that may be needed to defend your patent against infringement. You may be tempted to skip an attorney’s services to save a few dollars, but every inventor interviewed recommended one be hired.

"Make sure you’ve got a really good patent attorney," Masterson says. "You won’t think of every angle that needs to be covered. Patent attorneys are there because they do provide a very good service." Also, "make sure you do the most thorough patent search." It is better to spend $800 on a search, he explains, than to spend $20,000 in manufacturing and development only to find out you don’t have claim to the idea.

DeGinto wrote the patent for the Squirrel Evictor, checking more than 3,000 patents, writing the disclosure document, the trademark and the patent. "It took me three months of steady work," he says, but he ended up with a patent that received praise by a representative from the Patent Office. He did eventually hire a patent attorney, he says, "to tighten up the patent to where it was unbreakable."

DeGinto recommends that you first get your patent written and sent in so you have a patent pending. Then take it to a patent lawyer to tighten it up. And along the way, he says, call the U.S. Patent Office with any questions. "They will walk you through it." (See related story on page 104.)

Research and Testing

Before taking your product to market, you should conduct research and testing to ensure it will meet your claims and meet a pest control need. Masterson recommends that inventors work with a local or applicable university. "Product research done by a reputable university will validate your invention and give it credibility," he says.

Jim Dreisacker invented the BatCone out of necessity, but since the first one he made for his own use was built out of PVC pipe and "wasn’t really professional," he honed the design, then researched and worked with plastic manufacturers to create a marketable product. It was in this step that Dreisacker’s high school mechanical drawing experience came in handy, he says. Once he found a manufacturer who could handle low runs, he submitted drawings then sat at the table with them to work through molds, final design and other developmental decisions.

Dreisacker used the product and gave units to fellow operators to ensure he had created "a good model that would satisfy every need." Development of the BatCone took about six years, he says, and improvements continue to this day.

Dreisacker is also in testing stages with a mole trap he has invented. He believes this will fill a need not currently being met, but says, "Until I feel it’s 100 percent ready, I’m not going to try to market it."

Testing often involves a product give-away to ensure that the invention will work in real-world situations. "The first year I was constantly on the phone, talking to people then sending out free units for them to test," DeGinto says. "R&D is very important to us. We made sure they were ready a good six months before we put them out."

The freebies don’t end once you go to market. "Unfortunately, marketing is giving away a lot of product at the beginning," Masterson says.

Marketing and

Distribution

Schurmann developed his original spray tank solely for his own use. "This was nothing I intended to sell," he says. "I built it for myself." But when former employees called to purchase the tank, he realized he had a marketable product. Once he decided to start marketing the tank, Schurmann worked with his brother, a graphic designer, to create a good Web site, then had it optimized for various search engines. Also, he says, "I started off with a single ad in a trade magazine in an industry I knew."

He originally was reluctant to place the ad. "I was terrified to spend the money," Schurmann says. He was also afraid that if it did take off, he wouldn’t be able to keep up with the demand. But the strategy has proven to be successful for him. "The reach of the trade magazines is way beyond what people think," Schurmann says, explaining that one of the first calls he received from an ad is now one of his best customers, and he has been approached by distributors in China, Portugal and Greece because they saw his ad in a trade magazine.

"Build relationships with the publications," Masterson says. "Advertise with them. Send press releases. They are interested in what’s going on out there and they do play a very important role in the success of your product."

Apicide, a product for stinging insect control, had been on the market for several years. But when Ficam was withdrawn from the market, Apicide was given new life. "Apicide was developed (by John Happ) because honey bees can be a pest. Even though they are desirable, beneficial insects, there are times when they can be a pest and need to be destroyed (i.e., when they’re nesting in a home)," says John Gedeon, president of Mystic Chemical, which purchased the rights to Apicide. In the pest management market, he says, "you have to find a way to pull your product through the distribution channels." That is, rather than marketing to the distributors, you market to the end user telling them to ask their distributors for the product. In this way, he says, you create a demand through the users.

It is also important to decide if you will sell your product through distributors or direct to the end user. "We made a decision early that we wanted to sell through distributors vs. trying to sell to anyone who called here," Gedeon says. His reasoning was based primarily on anecdotal evidence. A decade ago, he says, the company tried to direct market and sell a metal-service kit "that was just the best." But they found that the industry was not interested in buying from different individual vendors. PCOs wanted to be able to call a distributor and order all their products at once. "We heard and listened," Gedeon says.

Other inventors prefer the direct-sale route. Masterson was working with distributors, but has decided to sell direct to provide the user with a lower price point. Masterson recently made improvements to the Termiscope that enable it to last longer in the soil and make it more aesthetically pleasing. And because he is producing higher quantities, he has been able to reduce the per-unit cost of manufacturing, a savings which, through direct sales, he will be able to pass on to the end user. "Taking care of your customers and building solid relationships with them is the best distribution channel," Masterson says. "Being able to directly help improve the bottom line of a PCO’s materials cost is our mission."

The business

One of the most difficult stages for some inventors is keeping the business running once the product has been developed and is on the market. Whether you’ve decided to work directly with end users or sell through distributors, unless you sell the rights to your invention, you will need to set up, administrate and maintain the back-of-the-house business to keep your product on the market and on the minds of your customers and prospects. This will include everything from basic manufacturing to marketing, advertising and customer service.

Schurmann currently sells direct to the end user, where, he says, "A lot of people want to tell you their whole story when they order a part." Because Schurmann understands the importance of customer service and input, he actively solicits feedback from users, but because he also sells to many different industries, his goal is to switch from direct sales to a network of distributors because they are closer to the end user.

Continuous attention to your product and customer input also can elicit new uses or add-on capabilities for your invention. For example, Townsend found a new international market for the Rodent Rock when he learned that its unique tunneling system gave it an advantage over other bait stations. "Because of the way I laid out the tunneling (inside the station), rats could go in but land crabs couldn’t," he says. A customer in the Canary Islands told him that they were getting control of rodents for the first time in 10 years because the land crabs weren’t able to make the turns to get into the station and eat the bait — as they had in other stations.

Masterson also has continually improved his Termiscope by listening to what customers say and "redesigning to benefit them personally," he says. It is through this listening that your product will continue to evolve and be successful, Ravenelle agrees. "It’s most important to just continue to improve the product so the installers are delighted with the system," Ravenelle said.

A lightbulb may be a good symbol for the idea behind an invention, but an inventor does well to think about the extent of the technology behind its illumination as symbolic of the amount of effort required to bring an invention to light.

The author is a frequent contributor to PCT and can be reached at llupo@giemedia.com.