GET AN INTELLECTUAL PROPERTY ASSESSMENT
You can hire an MEInc Consultant to go through your company, products & services with a fine tooth comb.  We sign a non-disclosure agreement and systematically review every nuance of your business for exploitable property (confidentially).
After thorough review we will label all of the unique components and claims that we think should be considered for formal treatment (as part of your "intellectual property portfolio").  We will also recommend ways for your company to exploit intellectual property for profit and/or use your property to leverage other business enhancements (things like marketing, licensing & product placement through our network).

Free Initial Phone Consultation
CONTACT US for an Intellectual Property Review

COST

If you have the financial means to obtain patent protection for a truly unique invention (and/or the means to engage in a marketing campaign for a product or service), congratulations!  You are ONE IN A THOUSAND.  You should be working feverishly on it right now. 
CONTACT US and we'll introduce you to trustworthy people that can speed things up...or let us know when you are ready to plan your marketing strategy.

If you are one of the other 999 people that visit this site, here is some math and alternative thinking for you:

(Remember, we pride ourselves on "making and keeping bold promises")

Patents cost $2k-20k (not counting "research & development) FOR 20 YEARS
Trademarks cost $300-$3,000 (depending on qty, design, documentation [excluding renewals])
Copyrights cost $35-$1,000 (depending on "what and how many") FOREVER
Trade Secrets cost "the price of keeping a secret" (not free, but what is your secret worth?) AS LONG AS YOU CAN KEEP IT A SECRET

What would you do with a website and a good national marketing campaign?:

If you "JUST KNOW" your idea will be the next big thing if it only had the right marketing push, we are here to tell you that YOU CAN "get there before your competition" by designing a company around a TRADEMARK instead of your INVENTION.
Executed properly, your BRAND can act as a device to prevent the competition from edging you out of a market (regardless if they have the ability to make a better mousetrap...and especially if YOU CREATE the market).
Lots of people drink coffee, but nobody can sell a cup of Starbucks™ brand coffee except Starbucks™.

Proverb: "What is new is pleasing, what is old is satisfying"
(translation: If you become the "familiar brand" you win)

We can take you and your product national for $15k!
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What if the cost of patenting your innovation would cost more than actually "making it" for sale?

You might be better off if you just "start selling" your invention OR file a PATENT for the "one thing" that makes your invention truly unique (so you CAN market it).
WARNING- IF YOU OFFER YOUR PRODUCT FOR SALE TO THE PUBLIC BEFORE YOU APPLY FOR A PATENT, YOU ARE NOT ELIGIBLE FOR A PATENT
(See "PUBLICITY", below)
Basically, sell it quietly in your market until it proves profitable (keep a keen eye on TRADEMARKS) and then use your profit to fund a more aggressive PATENT process after making "advances to the original model or design".  We're not saying it is "WISE" to start selling something without a PATENT (especially if it can be PATENTED) but it may be financially practical to do it that way.

A simple rule of business and life is that there is a fine line between wisdom and prudence.

Proverb: "He who hesitates is lost"
(translation: he who hesitates is lost :-)

Spend $5k and market the "use of your idea" (license) to a national company who has the money to patent it for you.
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SPENDING MONEY TO RAISE MONEY:
Preparing the documentation, strategy, brand identity, labeling your property and defining a market is essentially "designing the assets and a plan to give them value".  If you are not prepared to do this yourself you must hire a support system or accept a partner.  Somebody has to do it- if not you than who?

In addition, you should be prepared to compensate anyone who helps you with your invention and have a contract prepared for them to sign (see CONTRACTS, below).  Every person that works with you should have a contracted value and a contracted label for their involvement (with a beginning and an end to their involvement & rights).

If their contracted label isn't OWNER. PARTNER, MANAGER OR EMPLOYEE.  That leaves two other categories for help: CONTRACTOR and VOLUNTEER (and volunteers are for charity).

Most of your initial spending will be with CONTRACTORS (See also the "WHO" Section of our site)

CONSULTANTS are typically CONTRACTORS (and some require another label if they put up money or defer a portion of their fee).

A GOOD CONSULTANT works with you in complete confidence, protects your secrets and helps you organize your thoughts and ideas until you have a documented plan for success (without becoming anything more than a Contractor)

A GREAT Consultant will also work without you to create, discover, label and map things that you haven't thought about and will even design for profit and cost-savings that you didn't realize were available...then presents those things for you to include in your plan for success.

MEInc has a team of GREAT Consultants.

MEInc is invaluable when it comes to design and strategy. 

Under the right circumstances we will consider PARTNERSHIP and DEFERRED COMPENSATION (but never 100% Deferred)

INCUBATION

At MEInc we treat INCUBATION very seriously and consider it part of our strategy for success (particularly for our own ideas and inventions). 
Most of our own Intellectual Property also has a marketing component so we have come to rely heavily on TRADE SECRETS.  Basically, we keep our ideas a secret until we see a genuine market opportunity to exploit the profit potential.  When we have the budget and design (or it fits the right client) we move forward . 
Some of our greatest inventions are actually "promotional opportunities" and "alternative packaging" (and those are only protected AFTER they get to market as identifiable BRANDS, if they are protected at all).

INCUBATION IS A 3 PART PROCESS
1. Determine if you are eligible for financial support (Great Idea, Team, Market & Marketing)
Note: This also means "can I afford to do it alone?"
2. Prove it on paper (confidentially).  This means "documenting your idea AND your ability to execute it".
3. Execute ("Sell it", "Launch It" )  now is the time to start turning your "secret" into "property rights".

Not every invention and innovation has to race to market (and frankly, not many small start-up companies can afford the financial burden of patent application fees, lawyers, draftsmen, specification writers and a thorough patent search). 
If MEInc tried to PATENT or TRADEMARK everything that our imaginative team came up with we'd go broke.  We can't afford the expense of countless TRADEMARKS & PATENTS and we don't expect our clients can either.

IN FACT, sometimes it is actually better just to be the "first to market" or create a new "product category" and take your chances (particularly if your innovation is not overly unique but does have great BRAND potential or serve a strong market niche).

The most common question we get asked (and we ask ourselves) is "how do you raise money for a great company based on ideas without disclosing the great ideas?" ANSWER: YOU DON'T (See also "CONTRACTS", below). 

For "creative companies" like ours we also ask: "How do you charge clients for great ideas without giving away the ideas before you get paid?" (this is a difficulty we face on a daily basis with our potential clients).  ANSWER: WE DON'T (we get our clients by making bold promises and demonstrating our creativity in more generic ways- then we apply our sensibilities to their company and blow their mind).

Intellectual Property is "intellectual" and most of us charge our customers for things that are "REAL" (not for stuff that is in our heads).  That is precisely why INCUBATION is such an important part of the "small business" equation (and a fundraising strategy).

The best way to INCUBATE your idea is to learn everything you can about the associated costs, the market potential and your competitors.  ADOPT a mentality of TRADE SECRETS and GET TO WORK:

DIVIDE YOUR IDEA INTO PIECES: Take your new toy invention and separately list your parts, vendors, competitors, distributors, etc...  The first thing that will validate the merit of your idea is whether or not you can actually "get it made and deliver it to people who want it".

GET SUPPORT ON THE PIECES: Get quotes or drawings of the various parts from various vendors.  You may learn that your idea is too expensive or inefficient (or that your company will need more than just "seed money" because of an expensive fabrication process).  By not letting anyone see the "whole idea at once" you can protect the integrity of your idea.  In any case you'll know your product and the actual costs better than anyone- and that is critically important (more important than a patent).

GET SIGNED CONTRACTS (See also "CONTRACTS", below):

VALIDATE YOUR MARKET (Instead of your Idea): You may have an innovative way of  into a mold, but if concrete is being replaced in the market with
RESEARCH YOUR COMPETITORS
CONSIDER "LICENSING"
(Instead of Launching)
CONSIDER A "STEPPING STONE" START:  If you have a great idea for
(like opening a welding business so you can make your own prototype in secret)

WHEN OUR CLIENTS IGNORE THE INCUBATION PROCESS WE WALK AWAY...and we have walked away from some pretty cool stuff (sadly).

Failure to properly document and develop your creative potential and innovation is a recipe for disaster

The only way to make up for poor INCUBATION is with an AGGRESSIVE marketing or patent budget (your property only has a value if it is "First to Market in a big way" or "First to Patent with multiple claims").  Trademarks don't matter in the incubation period because they can only be secured if marketing is involved. 

That raises another point: If you are marketing during the INCUBATION period you might be getting yourself in trouble (see "PUBLICITY", below).
The rest is a TRADE SECRET and therein lies the STRATEGY of INCUBATION.

PRIVACY (GOOD & BAD)
PUBLICITY (GOOD & BAD)

PRIVACY and PUBLICITY will have a dramatic impact on the value of your intellectual property.

LEGAL: You may not qualify for a patent if you have had an article about your invention be widely distributed (or if something was considered an "advertisement" for your invention).

FUNCTIONAL:  Market Impact depends on getting the markets attention (the first time, the first one there, and with the right impression). 

VALUE: If you ruin your chance of "exclusivity", by opening the door for your competition or launching without the right push, you could miss your shot at the market.  You may still achieve success but not on the scale you could have.  For example:

• Your patent expires before you've truly captured the market and now you have to compete with better funded competitors

• Your trademark exists but isn't associated with the "leading product" because you didn't kick the door open hard enough on a campaign (and some savvy competitor bought their way into the hearts of the consumer with your idea).

• Marketing budget wasn't there so you licensed your original song to another performer and they made it a hit so you missed your "golden ticket" to fame.

WHEN TO ACT PRIVATELY

• TRADE SECRETS are only valuable if you keep them a secret (and you only have legal recourse against theft if you can prove in a court of law that you did everything within your reasonable power to keep it a secret [that's if you can collect at all - once the secret is out it is out]).

• During the INCUBATION period you want to exercise good judgment on "what you share with who".  (See "CONTRACTS", below)

• MARKETING CAMPAIGNS AND METHODS OF MANUFACTURING should be considered TRADE SECRETS

• If your INVENTION is OFFERED FOR SALE TO THE PUBLIC before you apply for a PATENT you won't qualify for a PATENT (you can't make a claim that "nothing like this is being sold in the market" if you have already tried to sell it publicly).

WHEN TO GO PUBLIC

• If you have a uniquely identifiable TRADEMARK you need to be using it in commerce in order to maintain your legal rights (and that legal right is exclusive- so it is worth maintaining).

• If having access to sales revenue with your great idea is more important than having exclusive access to a market (a simple business decision, and only you know the answer).

• If your TRADE SECRET is a marketing campaign it is only as good as "how fast" you get to market.  Start pushing hard and fast (and don't stop until you beat your competitors).  Eventually they will figure out your strategy or method- make sure you are on solid ground before they do.

 

CONTRACTS

CONTRACTS ARE A PLAN FOR PROGRESS (they are not obstacles): When two or more parties execute an agreement it is the written expression of "a mutually beneficial meeting of the minds".  If you don't view contracts as a "good thing" you are really just getting in your own intellectual way. 
EMBRACE CONTRACTUAL AGREEMENTS as if they were your best friend (because they are).

"NON-DISCLOSURE"
"ROYALTIES"
"LICENSE FEES"
"EXCLUSIVITY"
"SALES COMMISSION"
"OWNERSHIP"
"MANAGEMENT"
"NON-COMPETE"
"CONFIDENTIALITY"
 

These are all terms that mean PROGRESS AND PLANNING are on the table (that's good right?).
Every agreement has provisions for "what happens if things go south"...but get used to seeing these handful of paragraphs and you won't dwell on them.  Concentrate on PROGRESS.

If you plan to proceed without a written agreement, you do so at your own peril. 

When our clients start accepting money and help without documentation we walk away.

1.  Don't be afraid of CONTRACTS.  If you view your CONTRACTUAL relationships as "documented agreements" that is what they will become.  If you or your associates are afraid of CONTRACTS it is an indication that a "fear of commitment" exists (and fear is a problem for everyone involved).  Savvy Executives can smell fear.  If you need help understanding a document, get the help you need (and don't wait to get help if you think you need it).
2. Agreements are only as good as the people who sign them.  Choose your business associates carefully and communicate constantly (before, during and after the contract).  The biggest failure we have found with our clients occurs when one of us stops calling the other one on a regular basis.  Things change in business on a daily basis.  Agreements are a written commitment to co-exist in business (because companies are joined in liability and potential- risk and reward).  Moving in tandem requires a united direction and that means being "mutually informed".
3.  Risk should equal Reward and Intellectual Property should be treated like an Asset. PERIOD.  Any good agreement will follow those very simple principles.  INCUBATION is important (See "INCUBATION", above).  You should label the risks, rewards and assets of whatever brought you to this website.  Break out the value of all the things that go into "building a successful company around your great idea" and label them "RISK", "REWARD" and "ASSET".

• RISK (Money, Time, Energy, )

• REWARD (Profit, Market Access, Network, Industry Promotion)

• ASSETS (Intellectual Property, Real Property, Personnel, Inventory, Profit/Dividends)

Things like Databases, Programming Code, Mailing Lists, Test Results, Phone Logs, Product Catalogues, Demographic/Customer info and even "customer service phone technique" are all part of our Intellectual Property...treat them like an asset and they will become an asset.

4. UNDERSTANDING YOUR ROLE ENHANCES CLARITY AND PEACE OF MIND.  Define where you fit into the equation and be flexible about "who is in control".

STOP!  PAY ATTENTION!
IF YOU REMEMBER NOTHING ELSE FROM YOUR VISIT TO OUR WEBSITE, REMEMBER THIS:

One side of your brain:
The person who owns the ASSETS controls THE COMPANY. 
The person who MANAGES THE COMPANY controls the VALUE OF ASSETS (and thereby the value of the company).

The other side of your brain:
ASSETS ARE CREATED & MANAGED BY PEOPLE
(including Intellectual Property)
COMPANIES ARE "VALUED" BASED ON ASSETS

Both sides of your brain:
OWNERSHIP & PROFIT ARE TWO DIFFERENT THINGS
(See "Entrepreneurs" Section of our site)

5. ACCEPTANCE and EXPIRATION: Every contract (whether during incubation or while executing your plan) should have a date for "when it starts", "when it ends" and "what is being delivered".  We included this knowing that it is common sense.  The real trick in Intellectual Property agreements is how the parties are obligated "after delivery" (Royalties, Profit-Share, etc...).  If you include terms and conditions in your agreements that extend beyond the life of the actual "scope of work", you should make sure that each one of those things ALSO has an expiration date.  If those things aren't included, you should make sure they are specifically EXCLUDED.  This is a common mistake.  A contract may be executed and set to expire "upon delivery" (like with a profit share) but there is no language for when the profit-share ends (or a separate agreement to make sure that the original agreement can be "filed away").  If you extend someone a set of rights be sure they have an EXPIRATION DATE (or, if possible, a legal way of revoking that right if you should have to [default, financial trouble, reputation, sale, etc...]).  The contract follows the "property" (so keep it limited to the property in any way you can).

SAMPLE AGREEMENTS:

- more info coming soon -
 

RESEARCH

Research & Development Tips
Draw it, put it into words, build it, test it (or your theory) and document the results (not everyone is a scientist or an engineer - just do your best).  If you don't "research" or "express"  your idea or invention, you can't possibly consider a Patent, License, Trademark or even a copyright.  Here are some things to think about:

Existing Research: Has someone else organized demographic information or tested parts of your idea?

-more info coming soon-

Existing Patents & Trademarks: Search the database at The PTO for anything resembling your idea?

-more info coming soon-

Trusted 3rd Parties: Get a contract in place for privacy and get a second opinion.  In some cases it might cost you very little (maybe even only the cost of the contract).  If a 3rd party likes your idea and sees the potential you may well on your way.

-more info coming soon-

BUSINESS STRATEGY

SEE ALSO "Entrepreneurs" Section of our website.

Intellectual Property should be part of your business strategy (along with your normal strategic business planning).  When you create a plan you will have a design for something you can accomplish.  Raising money requires a plan.  Success, with or without a budget, requires a plan.

YOU AND YOUR COMPANY:

WHO are your employees, contractors, owners & partners and how do they contribute to innovation and planning?
Will you be the main force behind your innovation or will you be depending on other people?

WHAT is your idea/plan and your legal obligation to the people who will help you achieve it?
WHEN will your ideas become valuable (and when do contributors to your idea benefit)?
WHERE is your innovation most marketable and how do you reach that market?
WHY is your innovation so unique that a company can be built around it?
HOW is it being paid for?

You don't have to have concrete answers to these questions, but if you CAN answer them (even in a general manner) you will quickly realize that you "have a plan" and you are ready to get help, raise money and start executing your plan.  Sometimes having a plan only means you "understand" what needs to be done (and who can help you do it).

Any good strategy for managing "ideas" should first measure the difference between "what you are selling" and "what helps you sell it".

Example: At MEInc we know what we are selling (imagination, ingenuity, creativity, strategy, etc...) and we'd love to put that on our website for FREE but we can't (or we wouldn't be able to charge for it).  This website is part of "our plan" to keep our clients educated and informed while demonstrating our understanding of complex and creative concepts in business.
We made it FREE because it would actually cost us more to educate each one of our clients if we did it "one client at a time"...and by making it FREE we hope to earn the trust of people who find it useful.

We measured the difference between "what we are selling" (what we know) and "what helps us sell it".  As such, we decided to make some of what we know available for FREE.

YOUR COMPETITION:

Some of your competitors have better market position, more marketing dollars and bigger budgets for research.  They may have an entire team of accountants, lawyers and patent professionals, etc... If you are going to compete with them on a smaller budget you will need to think strategically:

WHO do they use as a support system?
Your competitors hire contractors and those folks will work with anyone that has a budget.
Our partner company autoXcite.com set out to create a a consumer website for automobile consumers and was able to get several quotes from some of the vendors that had actually worked for autoXcite.com's notable competitors.

WHAT are they doing (more importantly "not doing") that you can afford to do as well (if not better than them)?
The strength of "Big Business" is also its weakness: They don't see the same thing you do.  As a startup you have the benefit of focus...it is the difference between a solar panel (a large market solution) and a magnifying glass.

WHEN are they going to see the same market?
Sometimes your competitors are planning the same thing you are (but your idea might be better).
Sometimes you simply see a need before your competitors because you have "hands on" experience.
Great minds think alike (that's why movie studios seem to be copying each other- it isn't coincidence, its just that companies who serve the same audience understand their need in a similarly creative way).
If you can make some calculated estimate of how they might try to capture a predictable part of the market you can also take it one step further and narrow your scope a little more.  If you are truly more in-tune with why your innovation is so "needed", you'll be better equipped than your competition.

WHERE are they doing business (more importantly "not doing business") and can you compete with them in those markets?
Your competition is the "familiar brand" and they did it through years of customer relationships and/or lots of marketing dollars.

WHY is your product or service better that your competition (cheaper, easier, friendlier).
Sometimes being better than your competition in a service industry just means "doing what you say you will"
Sometimes being better than your competition in a product industry just means being "more convenient".

HOW quickly can your competition adjust to YOUR IDEA?
If you do a regional or national marketing campaign, how quickly can your competition figure out a way to tap into a market that you create.
Sometimes it is better to license your idea to your competitor (especially if they can crush you as soon as they catch on - better to have a piece of their market than all of yours).

NOTE: One small enhancement to an existing product or service (however small and even if it is "someone else's idea") can be manipulated and applied for quick profit.  We have clients who have used this concept very easily and effectively.  We'll feature them here on our website as we find time.  The point is that you don't always have to invent and protect your inventions (sometimes just "getting there first" with a common idea is more important).

We say:  "Doing a common thing better than anyone else is an innovation" 

See how the "Get A Rocket!" campaign uses someone else's invention to create a strategic market position that makes ONE LOCAL DEALER more MEMORABLE for that type of service (and creates potential for a national brand as a "dealership").

-more information coming soon-