Forums: Discussions for entrepreneurs and small business.

Make Money First?

How many times have we read, from people in this esteemed group, that "I think I will see if my idea/invention is really worth money, then maybe I will file a patent/trademark application if it looks like I will be making money"?  Pretty reasonable, right?

Ask Dippin` Dots about this strategy.  Dippin` Dots recently lost a case and had a patent invalidated on this very issue.  Dippin` Dots had uncontrolled "test marketing sales" of their ice cream product [which is very delicious, in my opinion] at a local mall.  Customers bought [or received for free] samples of the delicious beaded ice cream.  It turns out that people like ice cream and are willing to buy it.  Who knew?

Dippin` Dots made at least two mistakes according to the decision.  They waited too long to file their patent application and also did not adequately disclose the "test marketing sales" in the application.  They eventually got a patent.  The problem was that when they went to enforce the patent, it wasn`t valid.  I guarantee you that Dippin` Dots wishes it had a time machine so it could go back in time and file their patent application earlier or somehow undo their "test marketing sales".  Revenues from my 3-year-old little boy ALONE makes that patent worth millions of bucks.

Is there a lesson here for your business?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com