www.startupnation.com

by entrepreneurs, for entrepreneurs

• Join - It's Free!
• Log in

My StartupNation

Finding patent information - Q & A

Tina calls on the Sloans to help her understand whether her “bellybed” is infringing on anyone else’s patent rights.

Rich Sloan:  To the phone lines to talk with Tina, who is on the line with us out of Boston, Massachusetts.  Welcome to our show, Tina.

Tina:  Hi, Jeff and Rich.

Jeff Sloan:  Hey, there, Tina.

Tina:  How are you?             

Rich Sloan:  I'd say we're --

Jeff Sloan:  We're ready to go.

Rich Sloan:   Yeah.  Watch out, is all I can say.

Tina:  Okay.  All right, good.

Rich Sloan:  Are you ready for us?

Tina:  I am totally ready.  Okay.  Actually, last month, you guys gave me some great advice and I'm back for more.  And I just have two points that I need help on.  My sister received an email from a man saying that he thinks our product is infringing on his patent he had received years before us.

Rich Sloan:  She didn't like receiving that.

Tina:  Well, actually, you know what, he was very pleasant.  Never mentioned anything about lawyers, nothing like that.  He said, basically we could turn a bad situation into a good one.

Rich Sloan:  Okay.

Tina:  When my sister talked to him, he said that he has the financing.  So basically we're taking it that he wants to invest.  We haven't spoken to him again because he was going away on business.

Rich Sloan:  First, what's your product or your business?

Tina:  It's the bellybed, it's the inflatable unit for pregnant women to sleep on their stomach.

Jeff Sloan:  How can you forget the bellybed?

Tina:  Yeah.  How can you?

Rich Sloan:  The bellybed.  Jeff --

Jeff Sloan:  It's a great idea.  It is.

Rich Sloan:  The bellybed from Boston is back.

Jeff Sloan:  Yeah.  Let me just tell you a couple things.  First of all, did he provide a patent number to you?

Tina:   Actually, he did that when my sister spoke to him.  I guess she saw it and basically his is just a raft with a hole to place the face.  But, not a hole for the belly like ours is.  It's for regular people if they want to float in the water with their face down instead of to the side.

Jeff Sloan:  Yeah.  Well, the thing is this, though, it's subject to the interpretation of the claims in the patent, and it could be, in fact, that you are infringing even though he doesn't mention it for a particular use.

Tina:  Okay.

Jeff Sloan:  He could cover it for, you know, a variety of uses.  And, obviously, we have no way of knowing that --

Tina:  Right.

Jeff Sloan:  -- without seeing the patent and without consulting with a patent attorney.  But the first thing you should do is consult with a patent attorney, just so you know.  You know, get the opinion of a patent attorney to see if, indeed, you are or you're not. 

Tina:  Right.

Jeff Sloan:  Now, the good news is, you mentioned he wants to invest.  And that could be --

Tina:  That's what it sounds like.

Jeff Sloan:  That could be better than a patent. 

Tina:  It could.  It could.  My sister went to a retired lawyer from the Small Business Administration.  They've been working with her from day one.  They've been fantastic.  And basically he didn't tell her straight, you know, straight on but he basically was saying he wouldn't -- if he was us, he wouldn't go with it just because of the fact of how far we've come along on our own, all the media attention we've received.  You know, whether it's radio, print and television.  And he said, you guys really seem to be doing everything that you should be doing and you're coming a long way.

Jeff Sloan:  Right.  Well, you both could be lucky.  Because here you are, really, in essence pursuing his invention --

Tina:  Right.

Jeff Sloan:  -- if, indeed, he does have the patent rights.

Tina:  Right.

Jeff Sloan:  So that's a benefit to him and to you there could be a benefit if, indeed, he really does want to invest and has the financial wherewithal to invest.

Tina:  Right.  Okay.  My sister was just worried, like, what if he winds up getting, like, 80 percent of the, you know, the profits and 80 percent of the control over it, you know.

Jeff Sloan:  Well, here's the thing I would do first.  You need to determine who has the leverage in this equation.  If he has the patent rights and the patent is good for an extended period of time still --

Tina:  Yes.

Jeff Sloan:  -- then I would say he's got all the leverage in the world.  He can prevent you -- regardless of what you've done already, he can get you to cease and desist based on his patent coverage.

Tina:  Okay.

Jeff Sloan:  So you first need to learn whether or not his patent, indeed causes you to be infringing if you pursue your idea.

Tina:  Okay.

Jeff Sloan:  That's the first thing.  Now, if you find out that you're not, or that it's a gray area --

Tina:  Yeah.

Jeff Sloan:  -- you can say to him, listen, we've done our own research and we've determined that we are not infringing on your patent, or that we likely are not, depending on if it's a gray are or not.

Tina:  Uh-huh.

Jeff Sloan:  And then go to him and say, however, you know, if, indeed you want to invest, us getting together can make for a return for all of us.

Tina:  Right.

Jeff Sloan:  It's better to have a percentage of something than 100 percent of nothing.

Tina:  Right.

Jeff Sloan:  And so, if the two of you come together, you can make a deal.  But, in making that deal and negotiating who gets what --

Tina:  Yes.

Jeff Sloan:  -- I would absolutely determine whose got the leverage in the relationship.

Tina:  Right.

Rich Sloan:  All right.  So with that, Tina, hopefully that provides some value to you.  And you may have other questions, but we've got a bunch of other callers. 

Tina:  Right.

Rich Sloan:  Really quickly, I want to just verify that you are, indeed, authentically from Boston, Massachusetts.  How do you say the term, Harvard Yard?

Tina:  Oh, God.  Harvard Yard.

Rich Sloan:  And you --

Jeff Sloan:  She's from Boston.

Rich Sloan:  Okay.  And I have another question for you.  What is the short word for automobile?

Tina:  Car.

Rich Sloan:  And when you want a --

Jeff Sloan:  I think we've got it verified.

Rich Sloan:  No.  I need a couple more, Jeff.  When you want to get a drink you go to the --

Tina:  Bar.

Rich Sloan:  Hey, whether it --

Tina:  I actually sound like a sheep.

Rich Sloan:  Hold it.  Whether it's near or --

Tina:  Far.

Rich Sloan:  That's the idea.  All right, Tina.  Thanks a lot for calling back into the show.

Tina:  Thank you.

Rich Sloan:  The call-in number is 866-55-START.  Clearly, Jeff is offering real value today and I'm just doing the entertainment thing.

Jeff Sloan:  But that, hey, that could be deemed as the real value.