In the process of inventing and marketing a product, many individuals become eager to construct a prototype. This enthusiasm is crucial to a successful invention, yet it tends to overflow, causing one to succumb to a sort of “tunnel vision.” When venturing into the process of successfully marketing a product, it is vital to be ever alert to the many steps involved. Before developing a working model, the most important thing an entrepreneur can do is record the conception of a product in the presence of one or more witnesses.
Many inventors require the assistance of builders or engineers to develop a working model. Prior to production, a contract should be in place that specifies what exactly is to be done, a rate and method of payment, a date at which the work is to be completed, and a guarantee of confidentiality. Before signing, be sure that the contract includes a clause that will bar the engineer from varying or improving the product and patenting it as their own. This clause should effectively state an assignment of rights and a claim of intellectual property. Many sample clauses and pre-written clauses are available online. Once a model is completed, its existence and functionality should be recorded through the use of an invention record form along with the signatures of two or more witnesses. If the invention is not delegated to a contracted creator, detailed records must be kept of the construction along with dates and signatures again of at least two witnesses.
The next step in the process of creating and marketing a product is testing. Creating a prototype is imperative in that this step will determine the effectiveness and durability of an invention. Running tests and trials with the prototype may provide results leading to improvements that can be made. It is possible for these tests and improvements to make or break a new product. Hundreds of products each year fail to be successful due to insufficient testing.
Another benefit of creating a working model is that the product can be evaluated for commercial appeal. This can include production costs, aesthetics/appeal, customizations, etc… Models are also useful in attracting potential investors. Once an invention has been publicly demonstrated, the “One Year Rule” comes into effect. In general, this rule states that a patent must be filed for within a one year time frame or the inventor will have forfeited his or her rights to the product’s origin.
