Practical Pointers for Patentees Part 3

In the construction of an advertis.e.m.e.nt there is often too much waste by using too much verbiage, too many unnecessary words or sentences, sometimes too much display. Prudence in the arrangement, and care in editing an advertis.e.m.e.nt, will save much expense. The size of an advertis.e.m.e.nt of this cla.s.s has really little to do with its pulling qualities.

The statements should be a.s.suming, and at the same time truthful, as any deception in an advertis.e.m.e.nt is sure to work an injury. There should not be more claimed in the advertis.e.m.e.nt than sounds reasonable, even though it be stating facts; if an advertis.e.m.e.nt sounds unreasonable it will not have the desired result. Inventors sometimes become so enthusiastic over their inventions that they exaggerate unintentionally.

A good rule is for the inventor to read over the advertis.e.m.e.nt, and ask himself, "If this statement was read by me, would I believe it; would it convince me?" etc.

Putting one's self in the purchaser's place is always one of the best factors in writing good advertis.e.m.e.nts. The inventor should put himself in the place of the purchaser of the patent, and reason what would induce him to investigate its merits; what would likely cause him to take it up, and so on; he should think and write fully along these general lines, incorporate these reasons into an advertis.e.m.e.nt; then boil it down by cutting out the unnecessary words and sentences; prune, remodel, and rewrite until he has a brief advertis.e.m.e.nt, clear, concise, and to the point.

[Sidenote: Correspondence as a Means of Bringing Patents before Interested Parties.]

While to advertise, as suggested in the foregoing pages, would require a very moderate outlay, and be, perhaps, the better course to pursue: however, in connection with it, or if the patentee does not feel that he can afford the expense of advertising, a very good plan is for him to secure copies of a number of the trade journals of the cla.s.s to which his invention relates, and carefully look over the advertis.e.m.e.nts therein, and select a list of such manufacturers as would seem likely to be induced to purchase the patent in question, or manufacture the article on royalty. In this manner the patentee will probably get the best up-to-date list obtainable, and it may be set down as a fact, with very few exceptions, that if manufacturers and dealers who make and handle just such articles as the patent calls for cannot be interested, it is very hard to interest others not engaged in such line, except when the invention is large, and requires a great deal of capital to work the same.

[Sidenote: How to Correspond with Manufacturers.]

To each of the parties of the list thus selected, or to a number of them, the inventor should write a well-composed and convincing letter setting forth the invention in its best light, and stating just why it would be to the interest of the parties solicited to investigate the same. Some time should be spent on this letter before attempting to write it, and the writer should weigh well in his own mind what would be best to say, and the proper way of expressing it. He should be as brief as possible, consistent with legibility. The statements should be a.s.suming, yet in every respect true. He should state in brief terms just what the invention is, what it will do, the points and advantages it has, and at the same time endeavoring to get the parties interested so that they will inquire into the invention, rather than attempt to come to terms in the first letter.

The letter should be brief and pointed, and plainly written upon business-size paper; and if the inventor has a typewriter, or access to one, he should use it. If he has printed circulars he should send one with his first letter, which will enable him to make the letter briefer and more business-like.

In correspondence it is well not to name a price until the parties are interested, and first endeavor to get them to make an offer. The patentee should be patient and should not expect to jump right into a bargain at once. If the invention is a meritorious one there will be more than one of the manufacturers to whom the patentee may write, who will become interested, and when such a state exists, the patentee can begin to be more exacting as to his demands since compet.i.tion has been created between the manufacturers.

[Sidenote: Circulars.]

A few dollars invested in circulars will frequently be found of great value to the patentee if he intends to negotiate the sale of his patent mainly by advertising and correspondence, as they will save a great deal of writing and explaining as well as appear more business-like and attractive, and may be the means of more readily effecting a sale.

[Sidenote: Ill.u.s.trations.]

If the patentee can afford the additional expense of an ill.u.s.tration, it will greatly increase the appearance of the circular, and make it more readily understood and interesting. The cut should be neat and set forth the invention in its best light. It would be better to entrust the procuring of the cut to the printer, for he will know just what is wanted and can secure the same at a better price. A sufficient number of well printed circulars, with ill.u.s.tration, can be obtained of any printer for a few dollars.

[Sidenote: About Getting up Circulars.]

The circulars should be attractive, convincing, and logical; nicely arranged, and neatly printed upon good paper. A mistake is often made in sending out trashy-looking circulars, poorly printed upon cheap paper; they repel rather than attract, and do not have the desired effect.

The circular should have good head-lines so as to attract the attention of its recipient at a glance, and his interest should be held by having the uses and advantages of the invention well written.

Many of the pointers suggested in advertising and letter-writing will equally apply to the writing and getting up of the circulars, and need not be treated further here, except that the patentee should dwell especially upon the merits of the invention, its uses, and advantages over like articles. This should be done in the most interesting manner possible, describing it so that its value will be fully understood.

[Sidenote: Uses of Printed Copies.]

It will be well for the patentee to order some printed copies of his patent, as manufacturers and others usually ask for them if interested, in order that they may examine the patent, or have an expert to examine it, to ascertain its validity, novelty, and what protection is really afforded by the patent. It cannot be denied that in either case the invention will suffer a cold-blooded rigid examination, and must stand or fall solely upon its merits. If, however, the invention is adjudged to have real merit and properly protected by the Letters Patent, business negotiations will likely begin, and the patentee will perhaps speedily make a satisfactory deal.

[Sidenote: First Impressions All-Important.]

Some inventors use printed copies of their patents instead of circulars, but, while they fully set forth the invention in a technical way, it cannot be said that in all cases it is advisable to send copies of the patent until called for. Many parties who become interested in patents are not familiar with mechanical drawings and technical specifications, and very often do not get a very favorable impression from a copy of the patent; and it is very important that the first impressions should be favorably created, for upon this much will depend. If parties become sufficiently interested to fully investigate an invention, they are very apt to form a favorable opinion of it.

[Sidenote: Value of Models.]

There is no way of so easily creating a favorable impression and gaining the interest in an invention as by a neat and perfect working model of the invention. Man never loses the child-love for toys, and a perfect miniature machine of any description will attract more attention than one of full size. With a model the inventor has the full and immediate attention of his prospective purchasers at once. If the patentee, or his agent, intends visiting manufacturers, or to sell the patent by territorial rights, he will find a model of his invention almost indispensable.

Inventors should be very careful about sending models to unknown parties, and should mark the number of the patent and their name and address upon the model. It should invariably be understood in advance who is to pay the transportation charges, before sending a model with any charges to collect.

While models are very helpful in setting forth an invention and making sales, high prices exclude many inventors from their use. Model-makers usually charge fifty cents per hour for each man working upon the model, and market price for the material used; from these figures the inventor may make a rough estimate of what a model of his invention will cost.

[Sidenote: Working Drawings.]

Working drawings are different from those forming a part of the patent in that they are more detailed, giving the size of each piece and the material of which it is constructed. While working drawings are not quite as expensive as models, they do not show the invention to the advantage that models do, and are of little value to those who do not understand them. On the other hand, working drawings have the advantage of being easily sent through the mails, and can be duplicated at small cost. Manufacturers prefer working drawings to models in quoting prices on manufacturing the invention in quant.i.ties.

CHAPTER VI

HOW TO CONDUCT THE SALE OF PATENTS--_Continued_

In conducting the sale of patents, the greatest difficulty is most frequently experienced in getting manufacturers or others sufficiently interested to look into the merits and possibilities of the invention.

If the inventor can get the parties to actually consent in their own minds to the proposition of taking up the invention, the question of terms and conditions can soon be arranged. Until the parties solicited can see beyond a doubt that there is large profits in it for them, the price of the patent is out of the question; therefore, the first step is to demonstrate its merits and commercial value, and get the parties thoroughly interested.

Patentees should not labor under the impression that because a patent is offered at a very low price that it will be quickly snapped up as a bargain; as before stated, if a patent will not bring in money by manufacturing and selling the article, it is worthless; and its real value is in exact proportion to the amount of profits that can be made from its manufacture.

Should the patentee find that his patent has no commercial value, it is almost useless to spend more time and money in trying to realize anything from it; he had better start again, and endeavor to invent something that has value and can be sold.

[Sidenote: Value of Personal Influence.]

Inventors should use the full extent of their personal influence to spread particulars of their inventions as far as possible, for this indirect work is often a leading factor in creating a favorable impression that frequently results in the adaption of an invention.

However unacquainted he may be in a business way, every patentee can, more or less, in his immediate neighborhood, consult with merchants, friends, and others in the line of his invention, who can post him upon the right parties to submit the patent to, and the best way to see them about it, and perhaps go with him to visit such as might be interested in the invention.

[Sidenote: Personal Solicitation Advisable.]

In nearly every case it is more satisfactory for the patentee to call on the manufacturers or interested parties personally whenever it is possible for him to do so. This brings about a more satisfactory understanding between them. Many inventors, however, prefer opening up communication by correspondence, and after the parties manifest a willingness or desire to look into the invention more closely, then arrange to visit them personally.

Having determined upon a visit, the patentee should endeavor to get a friend known by the parties to go with him to make their acquaintance.

If the friend cannot go with the patentee, he will probably give him a note of introduction. It may happen that his friend does not know the parties whom the patentee wishes to see, in that event he may know of someone who does, to whom he can introduce the patentee and who in turn may either go with him or arrange to make him known to the parties solicited. An introduction, of course, is not absolutely necessary, but it invariably has a good effect and is generally worth the effort.

The patentee should be prepared to make a straightforward, business-like presentation of his invention by means of a suitable model or drawings; carefully explaining its merits and advantages, showing as clearly as possible just what the value of the invention is and what can be made out of it, and giving tangible reasons why it would be to the interest of the parties solicited to invest in the patent. If the patentee is dealing with a manufacturer it is well to point out not only the possible advantage he may have by securing the control of the patent, but also the possible loss that his business may suffer by allowing one of his compet.i.tors to obtain its control. Many businesses have been hopelessly crippled by an enterprising firm securing control of a good patent and introducing a like article that can be sold cheaper, or one that will do its work in a better and more satisfactory manner.

[Sidenote: Selling Outright.]

Many inventors prefer to sell their patents outright; that is, in consideration of a specified sum of money the patentee a.s.signs his entire interest in the patent, in the same manner that a person would sell a piece of real estate. This is a very good method and one of the quickest ways for the patentee to turn his invention into money, though it must be remembered that to sell a patent outright is usually for a very much smaller sum than could be realized if handled by other methods.

The day for obtaining enormous sums or fortunes from the sale of a patent outright is past; at present to realize any considerable amount, the patentee generally has to share in the risks as well as the profits, unless the invention is very highly developed, and even then he cannot expect to get as much out of an outright a.s.signment as he could by sharing in the success of the invention commercially. If, however, the patentee is content to take the utmost cash his patent will bring him outright, he is a.s.sured of a princ.i.p.al or lump sum, free from any chances of the article not selling well when placed upon the market.

Before signing and delivering the a.s.signment, the patentee will, of course, see that he has the consideration, or its equivalent, for which the a.s.signment is made. If the transaction is made through correspondence he should send the a.s.signment duly executed to the purchaser through the bank or express C. O. D. for the amount.

[Sidenote: a.s.signing an Undivided Interest.]

In a preceding chapter, the dangers and disadvantages of an undivided interest are set forth, and it cannot be considered a wise course under any consideration to part with any undivided interest in the proprietors.h.i.+p of the patent, unless unusually well paid, or there exists an agreement of copartners.h.i.+p between the patentee and the a.s.signee. By such an a.s.signment, no matter how small, the patentee loses control of his patent.

[Sidenote: Dividing a Patent into Different Cla.s.ses of Rights.]

Many patents, from the nature of the invention, can be subdivided into different cla.s.ses of rights, and each cla.s.s sold or granted separately as the patentee may choose. Thus, the patentee of a tire, or other appliances for a bicycle, could license one party to make the same for bicycles and another for automobiles. In like manner a car-coupler could be divided between those who build railway equipments and those who build street-cars, and so on.