Intellectual Property Archives

The Complex Relationship of Innovation and Commercialization

May 31, 2017

Intellectual Property, Manufacturing, Startups

Innovation and commercialization are similar yet vastly different. You can have an abundance of ideas, but having the structured process in place to bring them to fruition is key. The path to commercialization is littered with potholes and roadblocks, but you don’t have to navigate them alone.

Often the process of moving a product idea out of the “idea” stage is challenging, so many inventors tend to discard the idea and move on. However, with the right resources and structure in place, you can get your idea off the ground and headed towards commercialization.

“It’s not about ideas. It’s about making ideas happen.” – Scott Belsky, co-founder of Behance.

Below are a few items to consider when developing the support structure for your business.

Community Resources. Look around at your local community and see what resources are in place to help you develop your business idea. Depending on your idea you might be searching for a tech incubator, a business accelerator, mentoring, training programs or networking events. While many inventors dream of building a business in Silicon Valley, the truth is that your local community might be the best place for you to start.
Service Providers. In line with community resources, your local tech incubator or accelerator will be able to put you in touch with professionals in your community. For example, product development experts, programmers, lawyers, CPAs etc. Incubators and accelerators will have knowledge and experience working with these service providers, and be able to guide you toward the ones that meet your specific business needs.
Funding. Most startups need funding at one point. This assistance might come in the form of grants, venture capitalists, tax breaks or R&D funding. Research what type of funding makes the most sense for your business and your goals.
Intellectual Property. Patent research should not be overlooked at the very early stages of forming your business. Before you get going and commit yourself to developing a product, you want to be sure that someone else does not hold the rights to it. (Take a look at how Herbavore, a startup client of ours, approached the entire patent process.)

Often times inventors and entrepreneurs are viewed as people who lock themselves away to develop an idea, but the truth of the matter is, it takes help from a wide range of people to get an idea on the road to commercialization. Don’t be afraid to reach out and ask for help. If you need a certain skill set that you don’t possess, find someone who does—asking for help might just be the thing that sets your idea on the path to success.

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

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Q&A with Rob Saito of Herbavore

May 17, 2017

3D Innovations

Intellectual Property, Manufacturing, Startups

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We recently had the chance to talk with Rob Saito, Founder of Herbavore, along with Collin Kobayashi, 3D Innovations President and Chief 3D Officer, about the product development process and what it takes to design, protect and commercialize a product.

Product development with Herbavore Herbavore is a recent graduate of the XLR8UH startup accelerator. XLR8UH is one of the first university investment programs in the nation, and is a nationally recognized program that educates, mentors, and invests in Hawaii’s top talent. Herbavore’s team was able to leverage the mentorship and industry expertise provided at the accelerator to design and refine their innovative horticultural hand tools.

Like most great startups, Herbavore grew out of a need—in this case, the need for better and less cumbersome gardening tools. Specifically, tools that would be comfortable for different hand sizes and that could accommodate both left and right-handed individuals. Herbavore’s patent pending tools aim to reshape the garden tool industry.

How did you initially approach the product design process?

(RS): Herbavore’s first prototype (homemade) was a great starting point in the design process. It was used as a baseline. This rough prototype was used as a building block for further iterations.

Prior to working with 3D Innovations we didn’t know about the manufacturing aspect of designing. We thought our designs were “ready to go”, but after consulting with Collin, we realized the designs needed to be modified further to meet manufacturing requirements, especially related to injection molding. While working with 3D Innovations we learned more in-depth about the manufacturing process such as over-molding, which types of molds to use for cost effectiveness, and material capabilities.

(CK): Using Design for Manufacturing (DFM) early in the process creates a much more streamlined design and eliminates the need to rework or change the design to conform to the manufacturing method being planned. It also allows the client to understand the limits of what can be designed versus what features are critical to the function of the parts. Discussing these options and designing for DFM early in the process allows all team members to be aware of what is necessary to accomplish a functional and manufacturable design.

The patent filing process can be challenging, how have you prepared for this step?

(RS): The initial drawings for our first two provisional patents were made using AutoCAD software. Our team’s strengths are not in mechanical engineering, so we did the best we could. However, we felt these initial drawings did not do our invention justice. We are currently in the process of filing a non-provisional patent, and the line drawings that 3D Innovations has made are top notch. They not only accurately depict our invention in a professional manner, but also will make obtaining a patent easier as these professionally made drawings are sure to impress the patent examiner.

(CK): Most patent applications contain “line drawings” that depict the claims of the patent. Using professional drawings as opposed to ones that are hand drawn or created using other methods may cause issues when the application is reviewed by the patent office because particular features may not be present or not depicted correctly. Using drawings from the actual designs provide many benefits which include creating section views to show internal features, having all views created to the same scale, and having drawing views automatically update when changes to the design are made. Great control of the output of drawings can be managed when the patent drawings are created professionally.

How have you familiarized yourself with the entire patent process?

(RS): I learned a lot of things about the patent process consulting with IP attorneys, reading, and conducting a patent search of over 300 patents.

(CK): The patent application is very involved and requires a tremendous amount of research of prior art and adjusting the claims of the invention so that the design is unique.

Launching a startup is a team process, how has your team assisted in the development of Herbavore’s product design?

(RS): Input was received from team members throughout the design process. Based on our team members’ experiences and feedback coupled with customer discovery, decisions were then made. Collaboration between team members greatly aided this process.

(CK): It is critical to have all team members be active in the design process. Having everyone on board and in agreement with the design direction will make for a more efficient design process and reduces the amount of rework and wait time, getting to the prototype and manufacturing stages faster. Collaboration among all team members is paramount to ensure the product gets to market in the shortest amount of time possible.

What is one piece of advice you would give entrepreneurs just starting the product development process?

(RS): One piece of advice I would give to entrepreneurs just starting the product development process would be, “to enjoy it with others.” From the beginning to the end. The importance of achieving an end goal or final product is very important, but more importantly is all the knowledge and networks that were created along the way. Product development, especially hardware, can have a long pipeline, so if you aren’t passionate about what you are doing it will take a toll. Yes, it is a lot of work and at times can be a headache, but so personally fulfilling at the same time. You are creating something never seen before or a better mousetrap that will improve people’s lives. Enjoy the product development process with your team, customers, and investors.

(CK): Start by making sure team members have capabilities required for the company to succeed. Fill in gaps by seeking external expertise when needed. Develop partnerships with companies that can add value to your company and/or internal skill sets.

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

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Hardware Startups: Can I Patent My Invention?

August 29, 2016

3D Innovations

Intellectual Property, Startups

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IP_patent A patent for your invention is useful, in that it gives you exclusive rights to the idea/product (for twenty years), allows you to license the invention and provides a strong market position. However, to obtain a patent your invention must meet certain criteria. Here are a few important questions to ask yourself in determining whether your invention is patentable.

Did you invent it? A patent can only be applied for by the actual inventor or co-inventor. If you were not the inventor, but contributed financially, you will not be able to patent the product on your own. If the inventor was employed by another person or company to develop the invention, the patent will still be issued under the inventor’s name. However, ownership of the patent will be with the employer.
Is your invention useful? Under U.S. law the invention must be “useful” to be eligible for protection. To meet this requirement the product must provide some benefit and is capable of use. It is important to note that most inventions meet this criteria.
Is your invention “non-obvious”? If your product is already common knowledge in its field, then it would not meet this requirement. This determination is made by deciding whether the invention sought to be patented would have been obvious “to a person having ordinary skill in the art to which the claimed invention pertains”. Determination of whether a particular change or improvement is “obvious” is one of the most difficult determinations in patent law.
Does it fall under a patentable category? Patents are available for processes, machines, articles of manufacture, and improvements to any of those classes. If your idea is in regards to laws of nature, physical phenomena, abstract ideas or non-useful objects, it will not be eligible for a patent.
Has your invention been disclosed to the public? If so, your invention will not be patentable. This requirement states that your idea must be “new” and not discussed publicly prior to the date of the filing. If you invention has been made available for public use or disclosed in a prior patent application it will not be eligible for a patent.

Have additional questions regarding the patent process? We highly recommend a visit to the USPTO website. We are also able to help answer any questions you may have, please e-mail them to info@3d-innovations.com

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

Startup Connector is a Manufacturing Accelerator helping companies commercialize—turning ideas into products.

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Intellectual Property: Should You Consider A Licensing Business Model?

June 2, 2016

3D Innovations

Intellectual Property

No Comments

ip-3d-printing-innovations-100 In our Case Study blog post last week, Transitioning From Idea To Manufacturable Product, we discussed the ways in which we helped a client secure a licensing agreement. For many inventors a licensing agreement is often a great option since it lets them develop a product, but then puts the expenses associated with commercialization on a more experienced manufacturer.

What is a licensing agreement?

With a licensing agreement, an inventor (the licensor) develops an invention and then protects that invention through a patent, copyright, trademark, or trade secret, and thus creates intellectual property (IP). The inventor—the owner of the intellectual property—then licenses the invention to a second party (the licensee) whose responsibility is to commercialize the invention. As compensation for allowing another party to use its intellectual property, the licensor will receive a royalty.

Licensing agreements are becoming more common than in the past and are open to more inventors. This has also increased the number of inventors approaching manufacturers and, thus, increased competition.

What are the benefits of a licensing agreement?

Below is a list of some of the main benefits of licensing your invention/IP.

The licensor (inventor) does not have to finance the commercialization process.
The licensor avoids the need to create and operate a company.
The innovation will most likely get to market faster because a larger, more experienced company is handling the commercialization.
The innovation may reach more markets if the licensee is a large, well-funded enterprise.
The licensor retains ownership of the intellectual property.

How do I evaluate a potential licensee?

When evaluating a potential licensee, you should focus on its ability to effectively commercialize your invention/IP. Often times that means considering companies that have a proven track record of marketing and selling products based on inventions similar to yours. Depending on the invention, the best way to commercialize it could also be to license it to a startup, a manufacturer, or a bunch of companies in separate territories.

Suggestions for securing a licensing agreement:

Assess the complexity of our product. Is there a way to get a working version developed without extensive costs? 3D printing/additive manufacturing is a frequently used method to get a functional prototype ready because of its speed and the reduced costs associated with the technology.
Identify manufacturers. Find out which manufacturers currently sell product lines to large retailers where you can see that your product would be a good fit.
Create a functional prototype. Create a functional prototype of your product and pitch retail buyers. The goal is to get a commitment before you actually launch. You can possibly even offer them a few months of launch exclusivity. The mock-up of your packaging is also critically important. Your product must look as retail ready as possible.
Setup a meeting with an IP attorney. The attorney will be able to go over the legal aspects of the licensing agreement with you and help come up with a plan that best suits your needs.
Approach the identified manufacturers. If you want to get the attention of a manufacturer, before you even talk about your product, pitch the prospect your new customer, growing sales or the commitment from a major buyer. You’ll get an appointment, and your product has a better chance of moving to the front of the line in the new product development funnel.

Have additional questions about licensing agreements? We would be happy to help answer them, please e-mail info@3d-innovations.com

Articles Referenced:

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

Startup Connector is a Manufacturing Accelerator helping companies commercialize—turning ideas into products.

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When It Comes To Your Startup’s IP—Timing Is Everything

February 4, 2016

3D Innovations

Intellectual Property

1 Comment

It is always best to set up rigorous intellectual property (IP) practices from Day One, but more often than not it gets pushed to the side for ‘later’. If you take a step back though and put this into perspective, ask yourself one question, What is my startup’s most valuable asset? It is not the workspace or funding, but the intellectual property—the disruptive idea, brilliant invention or genius breakthrough. The IP is the heart and soul of the business. This integral piece of your startup needs to be protected by patents, copyrights and/or trademarks as well as through a few internal measures. Without a proper IP strategy, you are leaving the door open for major complications down the road.

lightbulb1 To best protect your startup’s most precious asset, it’s critical to have all founders, employees and anyone involved in creating the idea sign over their intellectual property rights to the startup itself. The best time to do this is in the early-stages of business, but if that has already come and gone, we suggest doing it ‘now’ instead of ‘later’. Here are a few other instances where locking in a firm IP process is beneficial.

When The Founders Get Serious. Your startup has just been incorporated and the team is ecstatic. Everyone is ready to get to work and propel the business forward. Press the pause button right here for a minute, and have everyone assign IP rights to the company and document who’s come up with which business concepts. While everything is moving smoothly now, it may not be in a few months or years, and it is best to get this information locked in from the get-go.
When There Is A New Hire. Hiring your first employee? This is an exciting time! However, it is also a time that your startup begins to become more vulnerable and your IP needs to be protected. “Have new hires ink an agreement with a ‘present assignment’ clause that assigns everything they invent or create, whether it’s patentable or not, to the company, effective on their date of hire. Make sure the agreement includes a ‘further assurances’ clause, in which the employee agrees to cooperate in the future, if needed, to assist with showing that the startup owns the IP. To top it off, the agreement should include confidentiality obligations, permitting them to use or reveal confidential information only for the startup’s benefit.” (Tech Crunch)
When Seeking A Patent. Filing a patent application with the United States Patent and Trademark Office can be quite a process. Before you submit your application have every inventor assign all rights for the invention to the company. This then becomes public record, so it’s easy to see whether the company owns all the rights to its IP.
Before Searching For Funding. If you get all founders to sign over IP rights at the beginning, finding funding gets much less complicated. If a VC gets the slightest hint of trouble between founders, they tend to walk. Having your team all on the same page is vital.

We highly suggest that you take the time early-on to consult with a licensed IP attorney to assist in the development of a strong IP strategy for your startup.

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

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Navigating IP on the Path to Commercialization

October 19, 2015

3D Innovations

Intellectual Property

1 Comment

Recently, patents, and the entire patent system, have been synonymous with reform. However, the truth remains that patents are a critical factor for sustainable success. Whether you are at the helm of a startup that plans on crowdfunding a product or a SME working on a new and innovative technology, securing and protecting your intellectual property (IP) rights to that invention is key to successful commercialization.

Patents, copyrights and trademarks are all forms of intellectual property. For the purpose of this piece, patents — particularly design and utility patents — will be the focus of the conversation. While all three types of IP are indeed essential for success, hardware-focused products rely heavily on patents. Before we delve into commercialization let’s quickly review what exactly a patent is.

Patent. A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. There are three types of patents: utility, design and plant patents.

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Researching Patent Options

There is nothing more time consuming and resource draining than filing a patent only to later realize that there is already a patent for a similar invention. To avoid this scenario completely, conducting a patent search is in order. Patents hinge on the fact that they are one-of-a-kind; therefore, taking the time to research current patents and confirm that an invention does not already exist, should be the very first step. The USPTO makes it possible to conduct a preliminary patent search on your own; however, it is highly recommended that you consult with a licensed patent search firm to assist with the bulk of the research. These firms have vast experience researching and are extremely knowledgeable in the classification systems.

Once the research portion has been conducted, the next common early-stage question that resonates in the mind of entrepreneurs is, Do I need to patent my design? Having a patent for your product design allows you to claim all rights to the product. Often a design patent is overlooked and underutilized since this type of patent focuses more on the exterior design, features and overall aesthetics of the product and less on functionality.

Design patents extend to what is exactly shown in the drawings, nothing more. Having high-quality professional line drawings by a CAD designer is extremely advantageous. With a design patent, you are able to use the coveted phrases, patent pending and patent issued on all marketing material, and have confidence that your invention is protected for the next fourteen years. A design patent coupled with a utility patent provides overlapping protection for both the inner workings and exterior design of your product, and is a powerful tool in your IP arsenal.

In contrast to design patents, utility patents focus solely on the inner workings of your invention, its unique functions and overall usefulness. An invention is deemed useful if it provides an identifiable benefit and is capable of use. People often refer to utility patents as “patents for invention”. According to the United States Patent and Trademark Office, ninety-percent of the patent documents issued by the USPTO in recent years have been utility patents. With a utility patent your invention will be protected for the next twenty years.

Design and utility patents each have a distinct form of protection and are often used congruently. It is best to consult with a licensed patent attorney to review the options and see what type of protection will be the most beneficial and cost-effective.

Filing for Provisional v. Non-Provisional Utility Patents

So, you have done your research and are confident that your new product has not been previously patented, now is the time to decide if you need to file for a provisional or non-provisional utility patent.

In simple terms, a provisional application is a quick and inexpensive way to begin protecting an invention while you continue its development, conduct market testing and obtain funding. A provisional patent gives you exactly one year to file a non-provisional utility patent application and move forward in the patent process. If you do not file within the one year time period, you have in essence “abandoned” the utility patent application and no longer have claim to the invention. Filing a non-provisional patent application establishes a firm filing date and starts the official examination process with the USPTO.

It is important to understand that although you file a patent application, there is no guarantee it will be issued. Examiners will review your application and look for prior patents that may conflict with what you are claiming. However, once you are granted a patent, you then have all rights to the invention and can enforce any infringement upon it.

Moving Towards Commercialization

While patents cannot provide a guarantee that your product will be successful, patents do allow you to secure all rights and claims to your invention and provide comprehensive IP protection. Patents can bolster competitive advantage and assist in the streamlining of the entire commercialization process. Without patent protection, some inventions cannot be commercialized at all because both the inventor and investors understand that the product can easily be duplicated, leaving them with no recourse if their product is copied. Taking the time to develop a high quality patent means much more in the marketplace and can ultimately determine the success or failure of a product.

*This post was written by 3D Innovations and published on the PD&D website. Here is the link to view our article there.

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

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IP Protection: The Rise of Design Patents

October 14, 2015

3D Innovations

Intellectual Property

1 Comment

Design patent applications are on the rise. In the past, inventors have focused more on utility patents alone to protect the functionality of their invention, and securing rights to prevent others from duplicating their product. While utility patents make up 90% of patents issued, design patents have been steadily on the rise because inventors are realizing that the exterior design and overall aesthetics of the invention can easily be replicated as well. Protecting both the design and functionality of an invention is necessary for long-term success.

According to the United States Patent and Trademark Office (USPTO), “design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture”. In short, this means that design patents extend to what is exactly shown in the drawings, nothing more. For this reason, it is extremely important to have professional line drawings completed for your application. These patent illustrations mean everything to your design patent application and subsequent patent.

Similar to a utility patent, a design patent also lets you use the phrases patent pending and patent issued on all business related material. Once you have been granted a design patent, you are then able to secure rights for the next fourteen years. Another important thing to keep in mind is that design patents are relatively cheap to file and maintain, as compared to a utility patent.

A design patent, coupled with a utility patent, offers a range of IP protection on both the inner workings and exterior design of your product. We highly recommend that you consult with a licensed patent attorney to review your patent options and decide what will be the most-beneficial for your specific invention.

Have questions about professional line drawings for your design patent? Please send them our way – info@3d-innovations.com

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

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Category Archive for "Intellectual Property"

The Complex Relationship of Innovation and Commercialization

Below are a few items to consider when developing the support structure for your business.

Q&A with Rob Saito of Herbavore

How did you initially approach the product design process?

The patent filing process can be challenging, how have you prepared for this step?

How have you familiarized yourself with the entire patent process?

Launching a startup is a team process, how has your team assisted in the development of Herbavore’s product design?

What is one piece of advice you would give entrepreneurs just starting the product development process?

Hardware Startups: Can I Patent My Invention?

Intellectual Property: Should You Consider A Licensing Business Model?

Top Intellectual Property Questions From Startups

When It Comes To Your Startup’s IP—Timing Is Everything

Navigating IP on the Path to Commercialization

Researching Patent Options

Filing for Provisional v. Non-Provisional Utility Patents

Moving Towards Commercialization

IP Protection: The Rise of Design Patents

3D CAD

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The Complex Relationship of Innovation and Commercialization

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Category Archive for "Intellectual Property"

The Complex Relationship of Innovation and Commercialization

Below are a few items to consider when developing the support structure for your business.

Q&A with Rob Saito of Herbavore

How did you initially approach the product design process?

The patent filing process can be challenging, how have you prepared for this step?

How have you familiarized yourself with the entire patent process?

Launching a startup is a team process, how has your team assisted in the development of Herbavore’s product design?

What is one piece of advice you would give entrepreneurs just starting the product development process?

Hardware Startups: Can I Patent My Invention?

Intellectual Property: Should You Consider A Licensing Business Model?

Top Intellectual Property Questions From Startups

When It Comes To Your Startup’s IP—Timing Is Everything

Navigating IP on the Path to Commercialization

Researching Patent Options

Filing for Provisional v. Non-Provisional Utility Patents

Moving Towards Commercialization

IP Protection: The Rise of Design Patents

3D CAD

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