Patent It Yourself - PDF Archive

82 | Patent it YOURSELF
1. The Positive and Negative Factors Test
Every invention, no matter how many positive factors it
seems to have at first glance, inevitably has one or more
significant negative ones. To evaluate the positive and
negative factors objectively, carefully consider each on
the list below. Using Form 4-1, Positive and Negative
Factors Evaluation Sheet (a copy is in Appendix 7), assign
a commercial value or disadvantage weight to each factor
on a scale of –100 to +100, according to your best, carefully
considered estimate. If the factor is irrelevant to your
invention, assign a weight of 0.
For example, if an invention provides overwhelming cost
savings in relation to its existing counterparts, assign a +80
or higher to the “Cost” factor (#1) in the positive column.
But if it requires a high capital expenditure (tooling) to
build, a –50 would be appropriate for this factor (#45), and
so on.
The following balance scale analogy will help you to
understand the positive and negative factors evaluation:
Pretend the positive factors are stacked on one side of a
balance scale and the negative factors are stacked on the
other side, as indicated in Fig. 4A.
Positive Factors Negative Factors
Fig. 4A—Conceptual Weighing of Positive v. Negative Factors
If the positive factors (those given a weight from +1 to
+100) strongly outweigh the negative (those from –1 to
–100), the arrow would swing to the right and you can
regard this as a “go” indication, that is, the invention is
commercially viable. Obviously this balance scale is just an
analogy. It can’t be used with any true quantitative accuracy
because no one has yet come up with a way to assign
accurate and valid weights to the factors. Nevertheless,
you’ll find it of great help in evaluating the commercial
prospects of your invention.
Before you actually take pen (or word processor) in hand
and begin your evaluation, read through the following
summary of positive and negative factors.
You should consider each factor carefully, especially if
you assign a negative value, even if the negative value is
merely due to the need to change or design and produce
new production equipment. I’ve seen inventions and
developments that were better in every way than what
already existed, but which weren’t used solely because
the improvement didn’t justify the cost of replacing
existing production equipment, or the cost associated with
manufacturing and promoting the device.
The factors of your invention with negative values are
generally more important and require more consideration
than do those with positive values, since if your invention
fails, it will obviously be one or more of the negatives that
causes it. On the other hand, the positive factors will be of
great value to you when convincing a patent examiner as to
your invention’s patentability, or when selling the invention
to a potential licensee.
2. Factors Affecting the Marketability
of Your Invention
1. Cost. Is your invention cheaper or more expensive to
build or use than current counterparts? An example
where making something more expensive to build
would be an advantage is a credit or eligibility card;
a more expensive card would be more difficult to
counterfeit.
2. Weight. Is your invention lighter (or heavier) in weight
than what is already known, and is such change in
weight a benefit? For example, if you’ve invented a new
automobile or airplane engine, a reduction in weight
is a great benefit. But if you’ve invented a new ballast
material, obviously an increase in weight (provided it
doesn’t come at too great a cost in money or bulk) is a
benefit.
3. Size. Is your invention smaller or larger in size or
capacity than what is already known, and is such
change in size a benefit?
4. Safety/Health Factors. Is your invention safer or
healthier to use than what is already known? Clearly
there’s a strong trend in government and industry to
improve the safety and reduce the possible chances
for injury, harm, and product liability suits in most
products and processes, and this trend has given birth
to many new inventions. Often a greater increase in cost
and weight will be tolerated if certain safety and health
benefits accrue. But beware, some safety devices cause
more harm than they prevent: For example, antilock
brakes have caused more skids and accidents than
conventional brakes, because users tend to pump them,
although they are supposed to be pressed continuously.