CHAPTER III

SECURING CAPITAL

It is a curious but well demonstrated fact that people who have

inventive genius often lack the means to carry out their ideas. An

inventor who has ample means can secure his patent and proceed to turn

it into money without the necessity of being compelled to solicit

financial aid from anyone. This, unfortunately, is not generally the

case with inventors; indeed, many are often barely able to stand the

expense incident to taking out the patent. Patentees laboring under this

disadvantage are frequently tempted to part with a small interest in

their patents for the sake of securing sufficient funds to carry on the

promotion of their inventions and sale of the patent; and in doing this

the inexperienced patentee is apt to make the fatal mistake of assigning

to another an undivided interest in his invention.

[Sidenote: Danger in an Undivided Interest.]

Such an assignment may appear well enough on the face of it, and many

patentees have been misled, supposing that under the assignment the

proceeds from the patent should be divided _pro rata_, according to the

several interests. This, however, is not the case in such assignments,

and joint-ownership of a patent, or interest therein, does not of

itself, without an express agreement to that effect, make the parties

partners. They are merely tenants in common, each having the right to

separately make, use, or sell the invention so assigned without

liability to account to their co-owners for any part of the profits

derived from the invention through their own efforts.

In an assignment of an undivided interest, the assignee is afforded an

opportunity of manufacturing, using, and selling to others to be used

the article covered by the patent; also, to grant territorial grants,

such rights being unlimited by the terms of the assignment, and it is

actually of little consequence how small an interest is thus conveyed,

the assignee can proceed with the patent in much the same way as if he

were the sole owner; therefore, whenever it is intended that the

relation of co-partnership shall exist between the patentee and the

assignee of an undivided interest, and that the profits arising from the

invention shall be equitable, for their joint benefit, there must be an

express agreement between them to that effect, otherwise the assignee

will have a decided advantage over the inventor, if he is inclined to be

dishonorable, and there are numerous cases on record where patentees

have virtually lost their patents by such assignments. Patentees should

especially guard against strangers who offer to purchase an undivided

interest in their patents.

[Sidenote: A Better Plan.]

A better procedure to secure means necessary for the development,

introduction, and sale of an invention is to borrow the money from a

friend contingent on the sale of the patent, sell a State or county

right, or enter into a contract with a party willing to furnish the

means for a certain proportion of the proceeds derived from the

invention. Generally speaking, it will not be hard to find a party

willing to advance sufficient means to promote an invention which is

protected by a patent for a certain percentage of the net receipts

arising from its manufacture, sale, or territorial grants, and the

patentee will probably find a person among his own acquaintances who

will not only be glad to furnish the means necessary, but also be of

value to the patentee in realizing from his invention. In any case,

whatever is agreed upon should be put in the form of a contract, or an

agreement, couched in such terms as will leave no doubt as to the

understanding between the parties. The following form secures both

parties, and will be suggestive of others:

[Sidenote: Form of Agreement.]

_Whereas_ I, Richard Doe, of Philadelphia, County of

Philadelphia, and State of Pennsylvania, have invented

certain new and useful improvements in Telegraph Keys, for

which I have obtained Letters Patent of the United States,

bearing date January 1, 1901, and number 000,000, and

whereas John Roe, of Camden, County of Camden, and State of

New Jersey, is desirous of obtaining an interest in the net

profits arising from the sale or working of the said

invention covered by the said Letters Patent.

Now, therefore, this indenture witnesseth, that for and in

consideration of one dollar by each of the parties hereto

paid to the other, the receipt of which is hereby

acknowledged, it is stipulated and agreed as follows:

First, That the said John Roe shall pay all moneys necessary

to the construction of a suitable model to represent the

said invention; that he shall pay all necessary expense in

advertising and bringing said invention before interested

parties (and such other clauses as may be deemed necessary

and agreed upon, such as the expense of constructing a

working model, or carrying out a process, etc.); that he

shall make diligent effort to promote the said invention,

its manufacture, and sale.

Second, That the said Richard Doe, sole owner of said

invention and Letters Patent, in consideration of the

payment of the moneys above mentioned, agrees to pay the

said John Roe twenty-five per cent. (or other amount agreed

upon) of all the net receipts in any manner arising from

the sale or working of the said Letters Patent, during the

term for which said patent is granted.

Witness our hands and seals this tenth day of January, A.D.

1901.

RICHARD DOE,

JOHN ROE.

In the presence of:

JOHN SMITH,

THOS. JONES.

[Sidenote: Perfecting Inventions.]

Should an inventor defer the filing of his application until his

invention is fully developed as regards the detail construction and

arrangement of the parts? The best opinion seems to be in favor of the

prompt filing of the application. The final form of the details can best

be determined by the manufacturer and expert machinists and designers,

who appreciate the matter of economical manufacture, which is quite as

essential as the efficiency of the device or machine. Clearly,

therefore, the inventor cannot decide as to all the details; why then

should he delay his application?

The safest course for an inventor is to file his application for a

patent as soon as his invention is complete in its principal features,

so as to conform to the requirement of the Patent Law that an invention

be sufficiently complete to be theoretically operative. The mechanical

details are rarely of great importance as far as the patentable

features of the invention are concerned. Still, it is well to give the

attorney full particulars of whatever details the inventor has in mind.

[Sidenote: Exhibit of the Invention.]

Under the security thus afforded for the main features involved in his

idea, the inventor can proceed more deliberately in perfecting and

improving his invention, and can then file an additional application if

necessary, to secure special protection on particular improvements or

the improved invention as a whole. The early filing of an application

may turn out to be important in securing to the inventor his right of

priority. When the inventor comes to exhibit his invention, with the

idea of bringing it to the attention of the public in general, there is

no question that he should then have his invention in the best form he

can, and in as attractive shape as possible.

[Sidenote: To Avoid being "Squeezed."]

The patentee who proposes to realize from his invention should never let

it be known that he is in want; of course, in some cases he cannot help

himself, but he should endeavor to obtain the necessary assistance from

his acquaintances, and under no circumstances let those with whom he is

trying to deal get an insight into his financial condition, as

capitalists and others will very often take the advantage of an inventor

when known to be in straitened circumstances, and the patentee probably

would not realize as much from his patent as he otherwise could.

Therefore, it is advisable in all cases for the patentee to manifest no

impatience, remain silent as to his financial condition, and strive to

impress those with whom he is dealing that he is in no condition to be

"squeezed."

[Sidenote: Value of Record of Invention.]

Inventors, while working on a complicated machine, should not overlook

the value and importance of keeping a record of the progress of the

development, illustrating it with sketches, signing and dating them with

each new addition, and, when practical, having it witnessed by one or

more persons. This plan is preferred by many inventors to filing a

caveat. Such a record will be found very valuable in case of an

infringement, as it enables the inventor to ascertain the various steps

of his invention, and is a sort of evidence that cannot be impeached.

Such a record of a complicated invention, when the inventor has put much

time and study upon the subject in perfecting it, will also be found

valuable in effecting sales, and in fixing the price of the patent.

[Sidenote: Prejudice against Patents.]

It cannot be denied that at the present time there seems to be in many

sections of the country a strong prejudice against patents, which

sometimes makes it difficult to get people sufficiently interested to

take hold of any patent; especially is this true when the patentee

endeavors to sell his patent piecemeal; that is, by county, township,

shop, or farm rights. No matter how important or valuable the invention

may be, there seems to be a disposition on the part of the public to

look upon such rights as a fraud, and to be very cautious how they

invest in them.

The public is not wholly to blame for this, as in recent years there has

been a class of men who have canvassed the country with patent rights,

not caring what representations they made so long as they were able to

effect a sale; consequently, many people have been lured into purchasing

patent rights for a small territory which in many instances were

worthless or not as represented, causing them to be more or less

skeptical of all patents, as well as to bring this manner of selling

patents generally into ill repute. With manufacturers and capitalists,

this prejudice does not exist to any great extent, as with them the

patent rests solely upon its own merits.

[Sidenote: Newspaper Notoriety.]

Many inventors overlook the importance of interesting newspaper men in

their inventions. This is a matter of great consequence to the inventor

in exploiting his invention, and should be given some attention.

Newspapers desire items of interest of every description, and readers

are usually interested in brief accounts of any new invention

possessing novelty or merit; so that when the inventor once gets his

invention into the newspapers it is generally copied by other papers,

with the result that the invention gets a large amount of free

advertising and publicity. These items frequently attract the attention

of capitalists, manufacturers, and others, and at once put the invention

in a favorable position before the public as could be done possibly in

no other way--certainly in no cheaper way.

Many of the trade journals and other periodicals are also open to

receive technical descriptions of inventions of merit concerning

industrial improvements. Such articles should be written in good form,

containing not over five hundred or a thousand words, and if admitted to

this class of publications will be of the utmost value and importance in

creating favorable public opinion, and in advancing the inventor's

interests.

With hardly an exception, if an invention strikes editors favorably and

is adjudged to be of sufficient interest to form an article of news in

newspapers, or of sufficient merit to warrant a description in the trade

papers, it is pretty certain to prove a success and bring the inventor

large returns.

If the invention is of such a character as to strike newspaper men

unfavorably, the inventor can resort to the advertisement columns;

using the large daily papers, or such publications which in some way

relate to the industry to which the patent appertains, and such as have

the largest circulation among the class of people it is desired to

reach. See about advertising on page 46.

Practical Pointers for Patentees · 第 3 / 10 章