Had
Elisha Gray only chosen a faster horse, many of us today might be paying our
phone bills to the Gray Company instead of Pacific Bell. And had Jacob Davis
been only a little wealthier, it could have been his name sewn onto the pockets
of America's favorite jeans rather than that
of his financier, Levi Strauss.
It's an
old and familiar story: The inventors with the brightest ideas somehow wind up with
nothing. Why? Because they signed away the rights to their invention before realizing
its true value. Or worse, they knew the value of their invention but lost in their
race to the patent office—in some cases by just a few days or even hours. Take
for example, the most famous of all patent races.
| If you have bright idea—even one without obvious commercial value—don't wait for someone else to figure it out and cash in first. |
Great
Minds Think Alike
On
February 14, 1876, Alexander Graham Bell applied for a patent on an apparatus
that could transmit speech electrically, beating out his rival, Elisha Gray, by
just two hours. Never mind that Gray's design worked better. Timing was all
that mattered. When Gray later filed a lawsuit, the courts awarded the patent
to Bell, who went down in history as the official
inventor of the telephone.
It's
All in the Jeans
As many
inventors know, a good idea is nothing if you can't prove you own it. Take the
case of Jacob Davis, the Nevada tailor who invented an early prototype
for blue jeans. His novel idea was to place metal rivets on his jeans (at each
point of strain) to increase their durability. Davis was sure this small but significant innovation would sew
up the pants market. Unfortunately, he didn't have the money to file for a
patent so Davis persuaded Levi Strauss, the owner
of a San Francisco dry goods store, to pay for the
patent application. The patent was granted in 1873, but today Jacob Davis is a
mere footnote in the story of America's favorite
fashion staple.
A Truly
Bright Idea
For every
inventor who lost out in the patent race, there are two more who sold their ideas
a little too soon. Take Henry Woodward and Matthew Evans, early inventors of
the light bulb. In 1875 they sold their "bright idea" to Thomas Edison who
refined their design and premiered it to a delighted public four years later. The
fame and fortune Edison acquired from the light bulb grew
into the Edison General Electric Company, which eventually evolved into General
Electric.
Not So
Silly Putty
Ironically,
General Electric later sold itself short on one hugely profitable patent,
proving that even corporate giants sometimes have trouble seeing the big
picture. In 1949, General Electric sold the production rights for "Nutty Putty"
to Peter Hodgson for $147. The original inventor was James Wright of General
Electric Labs who was working on a government contract to create a substitute
for synthetic rubber. Wright dropped boric acid into silicone oil and found
the resulting putty would stretch, bounce, and copy print. GE shared this
putty with scientists worldwide, but none could see any greater potential.
Peter Hodgson was unemployed when he bought the putty rights. Hodgson promptly renamed
his purchase "Silly Putty" and marketed it as a children's toy. He died in 1976
with an estate worth $140 million.
Working
Out the Kinks in the System
Of
course, not all inventors lose out because of poor timing, shortsightedness or
poverty. Sometimes the Patent process itself is to blame. Eli Whitney'scotton
gin was one of the first inventions to be patented under the new U.S. patent system. This meant his
invention was also one of the first to test the new patent laws. Whitney filed
his patent in 1794, but unfortunately it wasn't upheld until 1807, during which
time a flood of imitation cotton gins hit the market. The state of South Carolina finally offered Whitney $50,000
for the patent rights to his cotton gin.
So
What's a Modern Inventor to Do?
If you
have bright idea—even one without obvious commercial value—don't wait for
someone else to figure it out and cash in first. The United States Government
offers a new, low-cost solution for inventors called a Provisional Patent
Application, or PPA.
So what
does a PPA do exactly? A Provisional Patent Application secures an immediate priority
filing date for your invention. In other words, it allows you to go on
record as the first person to officially lay claim to your invention. Securing
a priority filing date is critical because as far as the government is
concerned, it's not who came up with the idea first that matters; it's who
secured the rights.
Apart
from speed, the main advantage of filing a PPA is that it's easier and a lot
cheaper to file than a full patent application. This doesn't mean, however, you
can get out of filing a standard patent application altogether. A PPA simply
buys you an additional 12 months to get the materials and funds together to
file a full patent. Think of it as a legal placeholder. A PPA makes sure no one
else rushes in and claims your invention while you're busy fine-tuning your design,
securing funds, or testing your idea's market potential. With a PPA you also
have a legal right to the term, "patent pending," which can be helpful in warding
off any would-be imitators.
Whether
you file a PPA or full patent, take a lesson from history and protect your
ideas as soon as possible. Because you never know if that little project you've
been tinkering on down in the basement could turn out to be the next big thing.