Re: From The Inventor Blog

[Gizmo]

Re: From The Inventor Blog

by Gizmo » Thu Oct 28, 2010 8:42 am

Gizmo

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Posts: 430

Joined: Mon Jan 26, 2009 6:40 am

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Pass the Ketchup....Please

This article was brought to my attention yesterday (Thanks Carrie) and as I read through it I was not sure I should post it. You may find that odd, but this is the exact "worst case scenario" some inventors legitimately face and often fuels the paranoia of our industry. However, it's also the scenario inventors often contrive when they feel they have been wronged but may simply not understand the process large companies use for taking products to market. That being said, you decide if David was wronged, or was there more to the story....

By David Ashenfelter, Detroit Free Press

ROSEVILLE, Mich. — David Wawrzynski says H.J. Heinz ripped off his concept for a better condiment package without compensating him.

So now he's putting the squeeze on the ketchup giant.

"They took my idea," Wawrzynski, 40, of Roseville said this month after suing Heinz in Wayne County Circuit Court for breach of implied contract and unjust enrichment.

He said Heinz rolled out its Dip & Squeeze ketchup container in February, two months after telling him it was no longer interested in his Little Dipper creation, whose key innovation was allowing users to dip food into a packet.

Wawrzynski said he had met with Heinz executives at the company's headquarters in Pittsburgh in 2008, exchanged calls and correspondence with the company and even was asked to produce 100 samples of his invention to test on a focus group. Then the company backed out. Heinz spokeswoman Jessica Jackson said Wawrzynski's suit is "groundless and has no legal merit."

The lawsuit is reminiscent of the one a pair of Grand Rapids T-shirt makers filed against Taco Bell in 1998 for co-opting their idea to build an advertising campaign around a talking Chihuahua. In 2003, they won a $30 million jury verdict against Taco Bell.

Wawrzynski said his flash of brilliance happened in the mid-1990s while watching a customer in a fast-food restaurant open a ketchup package with her teeth.It was disgusting, Wawrzynski said."Do you have any idea how many people handle those packets?" he said. "They're covered with germs."

So, Wawrzynski (pronounced War-zin-ski), owner of Wok to You, an online food delivery service for Detroit-area Chinese and Thai restaurants, said he decided to invent a better condiment package. The result was the Little Dipper, which he designed to be easier to open and less messy than standard condiment packets, with the added benefit of letting users dip food into the packet. Wawrzynski said he got a patent for the Little Dipper in 1997, but got sidetracked with his delivery business before pitching the idea to H.J. Heinz in 2008. The company bit, he said. In June 2008, he said, Heinz asked him to produce 100 samples of the container for testing by a focus group. But before he had the samples made, Heinz cut off contact with Wawrzynski, saying it wanted to proceed with its own idea, he said.

Disappointed, Wawrzynski said, he temporarily shelved his project.

In February, Wawrzynski said, friends and relatives called to congratulate him after watching a host on ABC's "Good Morning America" demonstrate Heinz's new Dip & Squeeze condiment package, which Heinz touted as a "true packaging breakthrough." Alarmed, Wawrzynski said he got on the Internet to find out what was going on. Although he quickly discovered that the Heinz's package was shaped differently than his, he said the Heinz container was based on his dipping concept.

On Oct. 5, attorney Gene Boyle Jr. sued Heinz in Wayne County Circuit Court on Wawrzynski's behalf. "Heinz took what David Wawrzynski brought to them and used it for their own benefit," Boyle said. Heinz, which insists that it did nothing wrong, said it plans to roll out its new packages soon at fast-food restaurants.

Situations like this are why company's dont want to deal with the average inventor. Maybe Heinz ripped the inventor off and maybe they didnt. Is it possible Heinz already had the idea in the works ? Look at the filing dates below and the abstract,are they even the same animal/invention ?

Also look at the assignee on the lower patent,did Heinz license the idea from someone else or are the 2 inventors listed employe's ?

http://www.freepatentsonline.com/5676990.pdf
Method of food article dipping and wiping in a condiment container Document Type and Number:United States Patent 5676990
Abstract:A food wiping condiment container for removing excess condiment from a food article after being dipped thereinto. The condiment container has a body, a thin, flexible cap sealingly attached to the body, and a tear-away strip attached to the cap. When the tear-away strip is torn from the cap, a slit is formed in the cap with mutually opposed slit edges. When a food article is partially inserted into the condiment container through the slit, the slit edges of the cap wipe against the food article. Accordingly, after the food article is partially dipped into a condiment stored inside the condiment container, the slit edges of the cap wipe against the food article to limit the thickness of condiment adhering to the food article as it is moved therepast.
Inventors:Wawrzynski, David W. (25601 Cole, Roseville, MI, 48066)
Application Number:08/639953
Publication Date:10/14/1997
Filing Date:04/29/1996



http://www.freepatentsonline.com/7703619.pdf
Title:Package with peel-off closure Document Type and Number:
United States Patent 7703619
Abstract:The invention relates to a package suitable for containing a perishable product, comprising a first shell element provided with an upright circumferential edge and a central portion for accommodating said perishable product, as well as a closure element provided with a circumferential edge which closure element is placed with its circumferential edge on the upright circumferential edge of said first shell element in an adhering and closing manner and wherein said closure element is provided at its circumferential edge with a protruding lip, which lip does not adhere to the circumferential edge of said first shell element, for the purpose of peeling off said closure element from said first element. Near said lip the two circumferential edges are provided with a closed channel being in communication with said central portion, and wherein at least one of said circumferential edges is provided with a fracture line extending substantially perpendicularly to said channel.
Inventors:Van Puijenbroek, Alexander Josephus Maricus (ZP-Den Bosch, NL)
Application Number:10/542330
Publication Date:04/27/2010
Filing Date:01/08/2004

Assignee:H.J. Heinz Holding B.V. (BC Elst, NL)

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Fri Oct 29, 2010 5:53 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

Is your drain clogged?

Backed up Tubs? Slow Draining Sinks? Clogged Showers?

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Sullivan Productions is filming a commercial for a new product and needs real testimonials. The team will actually bring the crew, come to your home and film your stopped up or slow moving drains.

Here is the best part, instead of paying a plumber Sullivan Productions will pay you! (Can’t guarantee the clog will be gone, but it will be better than before!) Each individual selected will receive $250.00 for your time and use of the production crew filming at your home. If you are located in the Tampa Bay area, and would like a chance to be considered; here is what you need to do.

1. Send your information including full name, address, phone, and e-mail to
Bobby@SulProd.com no later than Thursday November 4th.

2. Include in the e-mail digital pictures of:
A. Yourself (regular headshot-nothing professional required)
B. Your bathroom (a wide shot if possible so we can see the space)
C. The DRAINS that need unclogged-ex (close-ups of showers, sinks, and tubs)

Your submission will act as your interest and consent to help with this project. Sullivan Productions will review the submissions and will contact you if you have been selected.

On behalf of Sully and the entire crew at Sullivan Productions - Thank you in advance for your time and participation

Last edited by Mark Reyland on Fri Nov 05, 2010 6:38 am, edited 1 time in total.

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Tue Nov 02, 2010 6:00 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

My sales rep sucks!

Or do they?

We hear all the time from inventors about how their product failed because the rep couldn’t sell it to retailers. The blame quickly falls on the rep’s shoulders when, although some times that may be true, more often than not it’s a much deeper problem.

Early on I had a rep tell me “Give me something I don’t have to defend and I can sell it” I came to depend on these words as a guiding principal in the invention, and later development phase of every product I’ve ever worked on.
Many inventors simply fail to understand that way back in the invention stage is where you need to start thinking about the sale of your product to retailers. The materials, the size, the manufacturing are all relevant factors to price, display, shipping, and 100 other issues that sales rep will face later. You simply have to take them into account and remove as many of those objections as you can very early on. To do that you have to know what the reps face when they meet a buyer – and to know that you will need to do your homework.

Ask a rep what it’s like to meet with a buyer, what kind of questions they ask, the things they like and don’t like. Ask them a million questions so you understand how to best invent your products in a way the sales rep won’t have to defend them later.

After all, you don’t want some sales rep looking at your product and saying “my inventor sucks”

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Wed Nov 03, 2010 6:20 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

Let's Write a Book!

Okay, so we always talk about reading inventing and product development books, but now we want to talk about writing one – an Inventor’s notebook.

We see it time and again, Inventors rushing off to buy patents and legal documents to protect their new found innovations. Spending thousands of dollars when all they may need to spend is $2.95 on a simple notebook.

The “Inventor’s Notebook” is a simple device used by professional inventors and armatures alike to record the details of their innovations and establish a date and time of its creation. Since the US is a first to invent system of patent law it’s not as important to rush off and file a patent as it is to adequately establish the date of your invention. The inventor’s notebook can do that legally for you if you follow the proper steps.

The book itself – This should be a bound notebook where any removal or addition of pages is obvious.

The Pages – Document your innovation using text descriptions, hand drawn illustrations, and notes to convey the overall design and full workings of your innovation. Document this information on as many consecutive pages as you like and number them 1of4, 2of4 …..and page 1, 2, 3…. If you need to later add information further back in the book about that innovation then simply reference the earlier page numbers.

Witnesses – Have your innovation pages signed by two disinterested parties. Not that they don’t care, just that they have no financial or legal interest in your innovation. Don’t use family members if you can avoid it.
Your Signature – In addition to initialing each page with the date, have your signature notarized by a legal notary on the last page of each innovation in your book.

Use a Pen – It’s fine to do sketches in pencil, however use a pen for the description and signatures.

Do a patent & market search when you first get your idea – but please don’t run out and get a patent on every idea you think is your next big invention. Use a notebook to record them properly and after some time and research you feel the idea has legs then take your notebook to a patent attorney and go from there.

Remember it’s your family’s money you are gambling with, they will respect your inventing efforts if you do it responsibly.

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[Gizmo]

Re: From The Inventor Blog

by Gizmo » Wed Nov 03, 2010 8:29 am

Gizmo

Blue Belt

 

Posts: 430

Joined: Mon Jan 26, 2009 6:40 am

Location: Florida

• Website

Let's Write a Book!

Okay, so we always talk about reading inventing and product development books, but now we want to talk about writing one – an Inventor’s notebook.

We see it time and again, Inventors rushing off to buy patents and legal documents to protect their new found innovations. Spending thousands of dollars when all they may need to spend is $2.95 on a simple notebook.

The “Inventor’s Notebook” is a simple device used by professional inventors and armatures alike to record the details of their innovations and establish a date and time of its creation. Since the US is a first to invent system of patent law it’s not as important to rush off and file a patent as it is to adequately establish the date of your invention. The inventor’s notebook can do that legally for you if you follow the proper steps.

The book itself – This should be a bound notebook where any removal or addition of pages is obvious.

The Pages – Document your innovation using text descriptions, hand drawn illustrations, and notes to convey the overall design and full workings of your innovation. Document this information on as many consecutive pages as you like and number them 1of4, 2of4 …..and page 1, 2, 3…. If you need to later add information further back in the book about that innovation then simply reference the earlier page numbers.

Witnesses – Have your innovation pages signed by two disinterested parties. Not that they don’t care, just that they have no financial or legal interest in your innovation. Don’t use family members if you can avoid it.
Your Signature – In addition to initialing each page with the date, have your signature notarized by a legal notary on the last page of each innovation in your book.

Use a Pen – It’s fine to do sketches in pencil, however use a pen for the description and signatures.

Do a patent & market search when you first get your idea – but please don’t run out and get a patent on every idea you think is your next big invention. Use a notebook to record them properly and after some time and research you feel the idea has legs then take your notebook to a patent attorney and go from there.

Remember it’s your family’s money you are gambling with, they will respect your inventing efforts if you do it responsibly.

Wow Mr. Reyland I cant believe you posted on a public forum that It’s fine to do "sketches" in pencil
I totally disagree with you and so does Fred E. Grissom & Attorney David Pressman the authors of Inventor's Notebook: A "Patent it Yourself" Companion.

If you would of indicated indelible pencil then maybe I wouldnt of called you on the bad advice. Your the Executive Director of the United Inventors Association Mr. Reyland,please dont give out bad advice that could take the inventors Dreams away.




http://books.google.com/books?id=ixvxXr ... &q&f=false


Be an educated inventor...don't rely too much on what you read in blogs."

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Fri Nov 05, 2010 6:35 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

Let’s talk NDAs

I was recently asked about why, when an inventor tells a company about his/her invention and asks the company to sign and NDA (Non-Disclosure Agreement) why the NDA should not last forever. The reason is actually pretty simple....

Do you remember back in grade school when your best friend broke that lamp and you promised you would never tell anyone?... well fast forward 30 years and here you are in 2010. You have not seen your friend in 29 years but he just found you on face book and now you are reconnected. He invited you to his mom’s house and now you find yourself having a beer with your friend and his mom and strolling down memory lane. Some subject comes up that reminds you of something that had happened 30 years ago and you say…”wow, remember when you accidentally broke that lamp?” He looks at you and says…”Hey. You said you would never tell anyone!” and the first thing that comes to mind is "That’s been 30 years ago…what does it matter?”

The fact is it may or may not matter – but you were expected to keep that secret no matter what, even 30 years later. Reasonable? Maybe, Doable? Maybe….as a single person.

Now apply that to a company with 100 employees that come and go over those 30 years.

Because of the job they held at the time they were given access to your invention. But then they left and 30 years later they told someone. You can’t go after them because the NDA you signed is with the company, not that person. Can the company really be responsible for their actions all those years later? Maybe yes, maybe no - but as a company are you going to take that chance?

So is it reasonable to think a company could keep that secret for 30 years when the “company” is simply a collection of people who come and go? No, it’s really not. So when a company signs an NDA they try to keep it to a time frame that is manageable.

In the end, it’s a legal document, so because it could make them liable years later they have to be reasonable about their ability to fulfill that duty faithfully.

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Fri Nov 05, 2010 6:37 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

It's all about the kids!

At the UIA we love inventors - but even more than that we love Kid Inventors. November 20/21 in Chicago is the Young Inventor Challenge 2010. This annual event is held in conjunction with the Chicago Toy & Game Fair and brings young toy/game inventors together from all over the country to compete for cool prizes and honest feedback from some of the toy industry's top brass.

So if you have a kid and that kid has an invention or shows signs of being a young inventor, hop in the car and head to Chicago...it promises to be a great time.

The Chicago Toy & Game Fair brings together imagination, play and inventive thinking in their third annual Young Inventor Challenge. Open to anyone less than 19 years old, contestants have their original game or toy inventions judged by popular vote at the fair. Not only are there great prizes to be won, but top toy and game industry representatives will provide advice and recognition and encourage all young inventors to dream big and discover the possibilities of play!

The YIC 2010 prize package includes:

• Dinner for winner and their parents with Mike Hirtle, Head of Global Product Acquisition and Inventor Relations for Hasbro & John Ratzenberger (you know may know him as "Cliff" on the sitcom Cheers) following the Award Ceremony.

• Winner featured in Inventor's Digest Magazine

• A FREE one year Inventor's Digest subscription

• VIP Tour by Bruce Lund of Lund and Company Invention LLC of their workshop and offices (www.lundandcompany.com). A peek into Santa's Workshop!

• 3 tickets to the Toy of The Year Awards (winner and 2 parents/guardians, 6 tickets total if the team wins)

• Opportunity to co-present an award at Toy of The Year

• A two night hotel stay in NYC for Toy Fair (The largest toy show in the world)

• A VIP pre-show guided tour at Toy Fair in New York

For more information on the Young Inventor Challenge, contact the Chicago Toy & Game Group at info@chitag.com or by phone at 847-677-8277 or go to the Young Inventor Challange web site http://www.chitag.com/YIC/index.htm

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Tue Nov 09, 2010 7:07 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

Public Disclosure?

The term public disclosure is a broad brush to paint with and extremely subjective.

You see - when an inventor tells people about their invention it does not necessarily mean they have disclosed it, it does mean that another person on the planet knows about what your working on and may or may not tell someone else.

In a legal sense "Disclosure" is more about placing the details of your invention in a situation where the general public can gain access to it without you having any control who in that group sees it. A great example of this would be a trade show, or as I’ve seen done a time or two – Inventors listing them on forums or blogs.

The simple rule of thumb is – if you post your invention in an area the general public can see it and you can’t control who….then you’re probably dancing on the line of "Public Disclosure" and that may cost you options for getting a patent later

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Tue Nov 09, 2010 7:10 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

Today is National Inventor's Day!

Or is it? ….. Well that would depend on where you live.

November 9th is “The Inventors' Day” in the German-speaking countries such as Germany, Austria and Switzerland. Celebrated on November 9, the birthday of the Austrian-born inventor and Hollywood actress Hedy Lamarr whose main invention was the frequency-hopped spread spectrum 1942. The day was proclaimed by Berlin inventor and entrepreneur Gerhard Muthenthaler.in an effort to encourage people towards their own ideas and to remind people of forgotten inventors

Since 1995, the Republic of Moldova has celebrated an Inventors' Day annually at the end of June. While Thailand recognizes February 2 as Inventors' Day each year.

But what about the United States?

Ronald Reagan as President of the United States proclaimed February 11, 1983 as National Inventors' Day, Proclamation 5013, to "...We call upon the people of the United States to observe this day with appropriate ceremonies and activities".

In recognition of the enormous contribution inventors make to the nation and the world, the Congress, pursuant to Senate Joint Resolution 140 (Public Law 97 - 198), has designated February 11, the anniversary of the birth of the inventor Thomas Alva Edison as National Inventors' Day.

I guess in the end it doesn't really matter when, or where, you celebrate "Inventor's Day" as long as the contributions from those hundreds of thousands of inventors that came before us are never forgotten.

Proclamation 5013 -- National Inventors' Day, 1983

January 12, 1983
By the President of the United States of America

A Proclamation

Almost two hundred years ago, President George Washington recognized that invention and innovation were fundamental to the welfare and strength of the United States. He successfully urged the First Congress to enact a patent statute as expressly authorized by the U.S. Constitution and wisely advised that ``there is nothing which can better deserve your patronage than the promotion of science . . .'' In 1790, the first patent statute initiated the transformation of the United States from an importer of technology to a world leader in technological innovation.

Today, just as in George Washington's day, inventors are the keystone of the technological progress that is so vital to the economic, environmental, and social well-being of this country. Individual ingenuity and perseverance, spurred by the incentives of the patent system, begin the process that results in improved standards of living, increased public and private productivity, creation of new industries, improved public services, and enhanced competitiveness of American products in world markets.

In recognition of the enormous contribution inventors make to the nation and the world, the Congress, pursuant to Senate Joint Resolution 140 (Public Law 97 - 198), has designated February 11, 1983, the anniversary of the birth of Thomas Alva Edison, one of America's most famous and prolific inventors, as National Inventors' Day. Such recognition is especially appropriate at a time when our country is striving to maintain its global position as a leader in innovation and technology. Key to our future success will be the dedication and creativity of inventors
.
Now, Therefore, I, Ronald Reagan, President of the United States of America, do hereby proclaim February 11, 1983, as National Inventors' Day and call upon the people of the United States to observe this day with appropriate ceremonies and activities.

In Witness Whereof, I have hereunto set my hand this 12th day of Jan., in the year of our Lord nineteen hundred and eighty-three, and of the Independence of the United States of America the two hundred and seventh.
Ronald Reagan

[Filed with the Office of the Federal Register, 10:11 a.m., January 13, 1983]

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[Mark Reyland]

Re: From The Inventor Blog

by Mark Reyland » Mon Nov 15, 2010 7:45 am

Mark Reyland

Green Belt

 

Posts: 150

Joined: Sun Mar 29, 2009 6:31 am

I can see the future...or can I?

“I just read the career of a certain buyer, and to study trends and to "pre-empt "competitors, seems to be part of his job. Reading that article helps me accept a bit more that when companies seem to copy your work but don’t buy your patent, they are not being obtuse, they are really just doing their job.”

This was posted recently on an inventor forum and I found it very interesting. I don’t have the actual article but it appears it talks about how this “buyer” was using the market to research trends and using that information to guide their purchasing decisions. In fact, in many cases that’s very true. A good retail buyer will spend as much time in other stores as they do in their own. But that’s not really what the author is talking about when he references “when companies seem to copy your work” That happens at the manufacturer level, not the retail buyer level, but the process is much the same.

Most retail customers have no idea that many manufacturers use a system called Trend Forecasting…in fact, many of them use “The Trend Book”

Trend forecasting began in earnest during the mid 20th century. Today, there are a handful of companies operating on an international level which provide color and trend forecasting services to the design industry. The most common format of trend information is called the trend book, a visual guide to forthcoming trends forecasting up to 24 months in advance. This ensures manufacturers are not producing conflicting collections of fabrics or materials.

Didn’t you ever wonder why all the items you see on store shelves seem to match? That’s because this handful of companies develop the pallet for products 2 years in advance, and the manufacturers use it to create their products.

You see, there is far more that goes into developing a product than most inventors can fathom. So when things like “trends” happen to conflict with an inventor it appears sinister, when in fact it’s often a simple crossing of planets that the inventor was unaware even existed

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