Patent, Trademark & Copyright : Law Office of Kloss, Stenger & LoTempio

Inventor Joe Iannello came up with an idea of how to easily clean the underside of a lawnmower and he developed a new product called the Spray–n-Mow.

He designed it, he received United States Patent 7,628,003(PDF)  for it, he got it manufactured and now he is marketing his own product and selling it.

It wasn't an easy road and he learned a lot of lessons along the way, and he would like to share those lessons with other inventors. 

He provided me with an "Inventor's Checklist" (which I included below) and he graciously agreed to answer a few questions about what inventors need to know...

What does an inventor need to do to get a product to market?

You just have to be patient and believe in your product. If you don't believe in your product it is not going to get anywhere. You cannot be afraid to put up the money and to put in a lot of effort… otherwise you will go nowhere.

How are you attempting to market your product?

I have reached out to a professional marketer that has certain corporate contacts. In order to get your product into a big company you have to have those corporate buyers and corporate contacts to sell the product. An independent inventor can't just call any company and say hey I have a product I want to sell to you. You need to have that corporate contact, because most buyers of these big companies won't even talk to independent inventor on the phone.

You can try to get those contacts by filling out vendor applications at corporate web pages. There are people in the marketing business that do it all the time but that doesn't necessarily mean that you're going to get your foot in the door.

These vendor applications ask in depth questions with regard to your background and your ability to bring a product to market. Once those applications are filled out you have to wait for the vendors to contact you. 

There are many elements which go into the reasoning of whether they contact you. Is the timing right?

• I believe that the market itself is always an issue because if the economy is bad it may be difficult for a company to take on new products in a slow economy.
• Secondly, most products are seasonal and the marketing begins months before the season.

What type of company do you use to market your product?

I use a company called Patents to Market. I did a profile and compared them with six other companies. I was looking at what his background was what is experience was. The guy who runs this thing is actually an attorney he's got a track record of all these different companies he's worked with in the past.

So what makes a good marketing company?

You're going to find once you get a patent you are going to be flooded by mail from many different marketing companies. I try to avoid those that are just blowing smoke that really don't have the experience and really don't have the contacts and they are telling you something that they really can't do.

Just because they market some other product doesn't mean you're going be able to market my product. I was looking for companies that have established corporate contacts, that have established a relationship with buyers.

What are some of the lessons that you learned that you would like to pass on the other inventors?

Take control of your own destiny. Believe in yourself! Have faith that you will succeed. But you have to teach yourself every part of the business from marketing, to distribution, to manufacturing.

Don't ever give up. Keep going! Keep plugging! Meet as many people as you can. Keep networking to find people that can help you do things that you can’t do or are able to teach you how it should be done.

Every person that I met with along the way that helped me bring my idea to reality I would recommend to a new inventor. I have a personal rapport with every single one of these people. I physically went to 10 different manufactures to find someone to manufacture my product.

I found Val Tech Holdings, Inc. who put their heart and soul into manufacturing my product. Everyone in the company from the president down communicated with me and they made the best mold to make the best product. They also informed me of all the pitfalls that every inventor has when trying to get their product to market, even after it's manufactured. They were very honest with me.

You have to find someone that can manufacture your product that you can trust, you can work with and that won't look down on you. It is not easy to get in front of the president or the vice present of a company, most manufacturing companies won't help you the way this company actually did.

How did you educate yourself as far how to make a mold and what you should expect from your mold?

I purchased an injection mold. I wanted a mold that would make a better product and last longer and produce a greater number of products before it wears out. And Val Tech Holdings, Inc. created a high quality mold. It might've cost me a little bit more money but in the long run it will save money.

Joe's "Inventor's Checklist" of what he did to take his idea to market:

1) Idea for an invention

2) Drawing and description

3) Design – CAD Drawing – 3Dem. – 6Dem.

4) Blue print – with measurements – 8” X 11”

5) CAD on DVD

6) Name of product for the U.S. Patent Office

7) Registered Domain Name – for product marketing

8) Registered Bar Code for pricing

9) Patent – Patent Pending

10) Working Prototype

Paragon Model Makers, Inc.

1705 Main Road

Corfu, New York 14036

Frederick Landers – President/Owner

(585)-762-9367

11) Company Name – DBA/Corporation

12) Company Logo – Product Logo

13) Product Packaging

Mod-Pac Corp.

1801 Elmwood Avenue

Buffalo, New York 14207

(716)-873-0640 – Ext. #232

Donald Coppola – Sales/Rep.

14) Manufacturing of product

A) Engineering Design enhancement

B) Develop a structured business relationship

15) Manufacturer

Val Tech Holdings, Inc.

1667 Emerson Street

Rochester, New York 14606

(585)-647-2300 – Ext. #248

Joe Czop – Business Development/CEO

16) Strategy for Pricing & Marketing

17) Marketing of product

18) Website Design

19) Product Brochures

20) Product Infomercials – Audio/Visual Production

Derrick Chamberlain - Photography

21) Liability Insurance

22) U.S. Consumer Product Safety Commission laws & Regulations

23) DBA – “Doing Business As”

24) Incorporation of Business

25) Federal Tax Number

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Rick Martin (7) one third of the French connection passed away today. Rick Martin was one of the greatest players in the Buffalo Sabres franchise history. I pray that God will bless his soul because God has blessed all Sabres fans by letting him play hockey for the Buffalo Sabres.

Just a short time ago Martin welcomed the new owner of the Sabres Terry Pegula on the ice with the other members of the French connection Rene Robert (14) and Gilbert Perreault (11) before an NHL hockey game against the Atlanta Thrashers.

I said to myself I bet you those guys  have at least one more shift in them. Boy would I pay for that.

When the French connection was out on the ice it was like they were on a power play.  I certainly would love to see them play one more time. But that's not how life works.

At the Sabres game tonight against Ottawa every Sabres player wore a helmet sticker featuring Martin's name, his uniform No. 7, and a fleur-de-lis. The coaching staff wore the sticker on their lapels.

Ever since I was a little kid I have read the Buffalo sports pages every day. It was great when they had the Buffalo Courier Express and the Buffalo Evening News because then you could read two sports pages. And I would read how they described almost every goal because back then all the games weren't on television, you had to listen to a lot of the games on the radio. I remember a Buffalo sports writer describing one of his goals by saying that "Rick Martin only needed enough room for the size of the puck to fit to get a goal."

I remember reading about us drafting Rick Martin to be be a linemate with Gilbert Perreault. I remember the Buffalo sports reporter writing that finally they have someone who had the speed to keep up with Gilbert and the shot that can score a goal when he gets the pass. And boy did he ever.

I remember his trademark move where he would put the puck around one side of the defender and skate around the other side and then pick up the puck and come in on goal.

I remember his shot as being one of the hardest in the NHL and I wonder what his shot would have been like with the sticks of today. It would have been a rocket.

Legendary GM Punch Imlach once called Richard Martin "the greatest natural goal scorer I've seen." Martin's slapshot was terrifying and struck fear in goalies everywhere.

I was at a game against the St. Louis Blues where the Sabres pulled the goalie at the end of the game and scored a goal. The referees disallowed the goal. The fans completely littered the ice where you couldn't see ice. And when the St. Louis Blues left the ice they were completely doused in beer. That was the last game at the Memorial Auditorium where the opposing team left the rink without being covered by the canvas tunnel.

But the puck was sitting close to the goal crease after Buffalo scored the goal and Rick Martin in total disgust took a slap shot at the empty net all the way on the other side of the rink and he shot it over the top of the net hard into the glass.  I'm telling you he could shoot the puck.

He was grace and elegance on the ice and a perfect compliment to his linemates Gilbert Perreault and René Robert. Such a line chemistry that only comes around once in a lifetime.

I met Rick Martin a few times either getting his autograph or seeing him at Chef's restaurant having lunch. He would always have a smile on his face and a wisecrack about anything that you would say to him. 

I remember shaking his hand and it was strong and rough just like a hockey player but he had a great smile on his face even though he didn't even know you.

Here's a first-hand story about what Rick Martin was like. My friend John Tricoli saw him one day sitting by himself in a restaurant and went over to talk to him. They talked hockey for about 45 minutes and at the end of their conversation, John asked Rick Martin if he would sign a napkin for his buddy Vin. Rick told him I'll do one better give me your address and I'll mail you a photograph with an autograph. 

And although this photograph did not scan very well because it's in the frame and I couldn't take it out to scan it, you can see the autograph and the writing that he wrote,

" To Vinnie good luck Rick Martin."

Come on,  are you kidding me...what a great guy. How many sports heroes would do that? 

Good luck to you Rick Martin! And God speed.

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As a patent attorney here in Buffalo, New York I was very happy to learn that Esther Takeuchi a University at Buffalo professor was among the 2011 inductees to the National Inventors Hall of Fame. So I contacted her and asked her a few questions which she graciously answered (see below).

The induction comes from her groundbreaking work in implantable medical devices. Her research began at Greatbatch Inc. and continues today at the University at Buffalo.

She led efforts at Greatbatch to invent and refine the lifesaving Li/SVO battery technology, utilized in the majority of today’s implantable cardioverter defibrillators (ICDs). ICD batteries have high energy density with the ability to support intermittent high-power pulses.

Esther Takeuchi has earned more patents than any other woman in the United States and has received many local and national awards recognizing her contributions to society through science.

She was honored at the White House where she was presented the National Medal of Technology and Innovation from President Barack Obama.

Here is the interview:

What brought you to Buffalo, New York?

My husband became a Professor of Chemistry at the University at Buffalo. I moved with him to look for suitable positions in my field.

What's the next step after lithium ion batteries or is it already old news?

Lithium ion batteries are continuing to advance. I expect multiple generations of lithium ion batteries to be forthcoming in the next few years. Significant advances continue to be made in how fast they can charge and discharge as well as the total amount of energy they store.

What about green technology and batteries?

Energy and sustainability are strongly linked. These are two of the most significant challenges facing us today. Renewable, environmentally friendly and cost efficient ways of generating and storing energy are issues that need to be addressed on a global scale. The widespread availability of cheap energy may be a key factor in determining the standard of living for many people.

What can we expect in the next generation batteries for medical devices, laptops, and Ipads and cell phones?

We can continue to expect longer life and faster charge. Also, notice that the shape of batteries has changed substantially. Ipads and other devices use very flat batteries. The days of cylindrical batteries for high-end devices are largely over.

Can Buffalo become a leader in developing cutting edge technology?

Buffalo is well positioned to do so. The knowledge base is here. Facilitating launch of companies is something that the region is actively working to improve.

Do you have any opinion on patent reform?

I assume that you refer to the rule of ‘first to file’ versus ‘first to invent’. I am in favor of the ‘first to invent’ as we have in the US.

What advice would you give to science students that wish to follow in your footsteps and become inventors?

Remain curious. Always believe that things can be made better. Also, each individual matters. Every person brings their own unique perspective based on their experience and background. That unique perspective may lead to the next big breakthrough.

How does it feel to be mentioned in the same breath as Henry Ford, Thomas Edison, Wilbur and Orville Wright?

It is a tremendous honor to be considered in the same company as the other inventors that have changed our lives.

About the National Inventors Hall of Fame

The National Inventors Hall of Fame is the premier non-profit organization in America dedicated to honoring legendary inventors whose innovations and entrepreneurial endeavors have changed the world. Founded in 1973 by the United States Patent and Trademark Office and the National Council of Intellectual Property Law Association, the Hall of Fame will have 460 Inductees with its 2011 Induction.

The National Inventors Hall of Fame and Museum is located in the atrium of the Madison Building on the campus of the United States Patent and Trademark Office, at 600 Dulany Street, Alexandria, VA. Admission is free.

This year’s Induction ceremony, sponsored in part by the United States Patent and Trademark Office and the Kauffman Foundation, will take place on May 4 at the historic Patent Office Building, now the Smithsonian American Art Museum and the National Portrait Gallery in Washington, D.C.

The location is particularly appropriate because this year’s class of inductees includes a group of 29 historical inventors who will be recognized posthumously, most of whom would have submitted patent applications to the same building where they will be honored.

Posted with the permission of the  National Inventors Hall of Fame™

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For the second day in a row, (Senate Session, Part I and Senate Session, Part 2) Senator Patrick Leahy (D-VT) stood on the floor of the Senate and argued for the Senate to pass S. 23, now named the "Invent America Act."

In Tuesday's Senate session Senator Mark Kirk (R-IL), joined by Senator Mark Pryor (D-AR), introduced an amendment (S.AMDT.123) to provide a fast lane for small businesses within the USPTO.

Senator Leahy, while yielding to permit these amendments to be entered, insisted in each instance that the Manager's Amendment be the amendment under consideration by the Senate at all times.

Several amendments were approved, including the authorization of three more satellite offices over the next three years, the creation of an ombudsman to assist small businesses with patenting, a requirement that the PTO prioritize examination of applications “important to the national economy competitiveness” such as green or clean energy technology, and authorization for the PTO to charge small entity fees for Track I prioritized examination.

The bipartisan Leahy-Grassley-Kyl managers’ amendment to S. 23, the America Invents Act, makes the following changes to the Committee-reported bill:

• Change the short title of the legislation to “The America Invents Act” (currently pending as Leahy Am. SA 114)
• Correct the fee setting section to avoid any potential “blue slip” issues (currently pending as Leahy Am. SA 114)  BACKGROUND: Revenue raising legislation must begin in the House of Representatives. This provision will address any possible concerns that the bill as originally drafted could lead to so-called blue slip concerns regarding its origin.
• Provide a 50 percent reduction in application and search fees for small entities requesting accelerated patent examination at the U.S. Patent and Trademark Office (USPTO) (currently pending as Bennet Am. SA 116) BACKGROUND: The USPTO recently created a “fast track” process to allow applicants to pay an additional fee to cover the cost of having examiners work overtime on certain applications. This provision will ensure that small businesses and inventors receive a 50 percent reduction in the fee.
• End fee diversion at the U.S. Patent and Trademark Office; establish a revolving fund to ensure that funds collected by the USPTO can be used at the USPTO  BACKGROUND: This provision will benefit users of the patent system who expect the money they pay in fees to be used for patent services and operations, and will benefit the patent office, which is completely user-funded, by allowing the USPTO to budget for the future.
• Create a pilot program to review the validity of business method patents BACKGROUND: Many business method patents are of dubious validity because they are not truly inventive. This provision will create a temporary, limited proceeding at the USPTO to challenge business method patents.
• Strike provisions related to damages and venue (currently pending as Bennet Am. SA 118)  BACKGROUND: These provisions as currently drafted do not make substantive changes to existing law. The current damages provisions establish a gatekeeper role for the court, but do not change the actual legal standard for awarding damages. The current venue provisions codify recent circuit court decisions, provide useful clarity, but make no meaningful change to applicable law. Striking these provisions will address recent concerns of the high tech community, and address concerns of certain Members of the House.
• Change the definition of a “micro entity” BACKGROUND: This provision will provide more clarity and increase the income threshold.
• Technical changes BACKGROUND: This provision makes minor modifications to effective dates, federal jurisdiction and residency requirements of Federal Circuit judges.

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