CHAPTER VII.

NECESSARY STEPS

"In any business, it is to-day's unknown facts that wreck the machine

tomorrow. Therefore, find out the facts."

Almost all inventors show an unusually needless amount of haste in

rushing off to an attorney and applying for a patent, even before they

have given their idea any practical demonstration whatsoever. This is,

in the opinion of the writer, all wrong, and is not the most practical

way to proceed. The application for patent, and filing of carefully

drawn specification and claims, is, of course, highly important and

necessary, but it should not be undertaken until after the most

searching, practical tests of the invention, as well as the most

careful investigation as to the _public demand_ for your idea, as

it is from the latter source that profits will come. The care with

which your specification is written, and the claims drawn, will

regulate the strength of your protection against infringers. Don't

forget that the red seal and blue ribbon on a worthless patent are

just as red and blue as they are on a high-grade, "suit-proof," one

that has stood the tests of the courts from bottom to the top.

WHAT THE UNITED STATES SUPREME COURT SAYS.

"The specification and claims of a patent, particularly if the

invention be at all complicated, constitute one of the most difficult

legal instruments to draw with accuracy, and in view of the fact that

valuable inventions are often placed in the hands of inexperienced

persons to prepare such specification and claims, it is no matter of

surprise that the latter frequently fail to describe with requisite

certainty the exact invention of the patentee, and err either in

claiming that which the patentee had not in fact patented, or in

omitting some element which was a valuable or essential part of his

actual invention." Topliff vs. Topliff, 145 U.S. 156.

The highest court of the land thus puts itself on record in reference

to the importance of having the specification and claims of your

patent properly drawn. It is equally as important to have your models,

drawings, patterns, etc., accurately designed and executed.

Every week the "Official Gazette," published by the U.S. Patent

Office, is chock full of new, novel and ingenious devices on which

patents have been granted, but which are in lines in which the demand

and sales are so very restricted that the profits in seventeen years

will scarcely pay for the cost of the patent. As Dr. Grimshaw, Ph.D.,

M. E., a celebrated inventor and scholar, known to many Americans, and

at present residing in Germany, so aptly puts it, it is well to

remember "There are some lines in which competition is so fierce that

there would not be any use in coming into the field. If the Marquis of

Worcester, Watt, Fulton and Morse, Whitney and Howe, Edison and

McCormick, and a dozen more of the great inventors of the world, past

and present, were to put their heads together, and get up a new

car-coupler, the chances are that they could not get thirty cents for

the patent. The thing is overdone."

Many, many, hard-earned dollars are annually expended by inexperienced

inventors in the building of ornate, nickel-plated models that from a

practical, business stand-point are commercially impossible, and never

will amount to anything. While they are splendid in "theory," and

pretty to look at, and talk about, yet in "practice" and real utility

they are of no value. Don't go to the expense of a model until you

know your device is patentable, mechanically practicable, commercially

salable, and in demand in the markets of the world, and in a class in

which there is no killing competition.

Caveats have proven to be, oftentimes, worse than worthless. The

Government fee is $10; the attorney fee from $10 to $25. When you file

your application you are notified by the U.S. Patent Office of an

interference suit, if someone else happens to file an application

along similar lines. It is then "up to you" to show that "you thought

of it first," usually a very expensive and disappointing task. Don't

apply for a caveat, is the writer's advice.

Confidence is the bed-rock foundation of all business today, so don't

be afraid of anyone trying to steal your idea. A simple and

inexpensive means to follow is to have a rough pencil sketch and

description of your idea, dated and signed by yourself and two

competent witnesses. Then, if the question of priority of invention is

raised, you have a strong document to substantiate your claims to

priority.

If your idea will pass muster on the Six Cardinal Tests, (1) as

regards patentability; (2) as regards mechanical practicability; (3)

as regards its possession of superior merit and low cost of

production; (4) as regards a large and constant public demand for it;

(5) as regards to its being better, cheaper and more salable than

similar devices already on the market; (6) as regards to the

competition it will encounter,--then, and only then, are you justified

in spending time and money in applying for a patent, and having proper

working model built, etc. Don't rely on your own judgment in such

matters,--it is of necessity greatly prejudiced, and rightly so. You,

as an inventor, are in the same relative position as the mother of a

new baby. Both of you undoubtedly feel that your offspring possesses

all the graces, and has no bad points whatsoever. But your invention

does not have as good a show, at least no better, than the new baby

has of developing into a "world-beater" or prodigy. In both instances

it will require careful development, much study, and the hardest kind

of work to make a moderate success of the new infant. Another point to

remember is that the one who is responsible for its successful

development is entitled to more credit and greater rewards than the

father of the idea or infant.

A Patent Attorney, must, of very necessity, be disposed to find

practically everything submitted to him "to be patentable." Some firms

go so far as to mail their guarantees that ideas are patentable, but

your idea has five other points in which it may "fall down." Mere

patentability is only one-sixth of the necessary ground you must

cover. Your friends may think you are a genius, a wonder, and you may

be, but don't let their adulation turn your head to the extent of your

forgetting the six tests necessary to your idea's success. If you are

sick, you go to the best physician you can find; if your horse is

sick, you send for a veterinarian; if you are required to go to Court,

you retain a good lawyer to represent your side,--you don't try to

cure yourself, or your horse, or defend yourself. You go to a

specialist in these lines. Follow the same sane method in your patent

matters. The "no-cure-no-pay" doctor is not highly regarded, neither

are patent firms that do a "contingent fee" business on the "no

patent-no pay" basis. Cut rates are also to be shunned. Good service

demands and can exact commensurate returns. Economy in these matters

is a poor policy to pursue.

Analysis of the Six Cardinal Patent Tests.

"If I am building a mountain, and stop before the last bucketful

of earth is placed on the summit, I have failed."--Confucius.

First: Would it be possible to cover my idea or invention by a good,

strong, basic patent?

First and foremost, the thing to do is to find out if your invention

can be properly covered by a good, strong patent,--a basic patent, if

possible, and if not basic, at least, one covering some novel elements

which would prevent unscrupulous imitators and dealers from

substituting "something just as good" for your invention. In this

connection we might say that any bright attorney can find some way in

which an alleged patent can be issued practically on anything, so very

little dependence can be placed, as a rule, on "preliminary searches"

that are furnished "free of cost." Expect to pay at least $5.00 for

it, and ask for the references the search develops. We place the

covering of an invention by strong letters patent first, as we

consider it of the utmost importance that an invention, to be a

commercial success, must grant its owner a virtual monopoly.

Second: Is my invention mechanically practicable?

There are a great many ideas which of themselves are good, and still

are not of themselves of any value. It is of equal importance, in

order to make a success of an invention, to have it conform to certain

recognized mechanical principles, and capable of economical production

through the regular trade and manufacturing channels. In other words,

an invention nowadays would be seriously handicapped if it was

necessary to revolutionize the present equipment of factories to bring

it out.

(In this connection it might be interesting to note that Thomas A.

Edison, in an article published in "The Star," of Washington,

September 17th, 1908, said that in his opinion Wright Brothers were

working on the wrong principle with their flying machine. In Edison's

opinion the machine should not be dependent on the skill of the

operator, but should be capable of automatic operation somewhat

similar to an automobile or the locomotive.)

Third: Can my invention be more cheaply manufactured than similar

devices already on the market?

If your invention will enter the markets of the world in close

competition with other devices of similar nature, it is necessary that

it possesses the possibility for lower cost of production than the

articles it will meet in competition. If it costs more to make, it

will be heavily handicapped from the start. If it costs less to make

it will have this additional advantage pulling in its favor from the

start.

Fourth: Does my idea possess conspicuous novelty and superior merit

over similar devices already on the market?

The established, advertised article in the markets of the world always

has a great advantage over new and relatively untried devices. A new

article, to succeed, must show at a glance that it is "something

better." In addition to that, it must have superior merit which will

at once make it possible to bring about a quick sale in competition

with the article already on the market. If your invention is better,

costs less to produce, has more "talking points," dealers will be

quick to buy it. Otherwise, possibly not.

Fifth: Is there a large, constant, public demand for my invention, or

its product?

Public demand for anyone's invention practically regulates its

success, from a commercial standpoint. If there is no public demand

for it, there can be no individual profit derived from it. In other

words, it is useless to apply for a patent on any art, machine or

process where the demand for its use is very limited. For instance, it

would be ridiculous to patent a process for performing one single act

or function, the demand for which would cease as soon as the act or

function was accomplished. To illustrate, some years ago, while

building the City Hall, in Philadelphia, it was necessary to raise the

enormous statue of William Penn to the top of the tower. This was

quite an undertaking, and a great many bright men cudgeled their

brains as to the best means of accomplishing the result. It would have

been very foolish to patent the means by which the statue was put on

the top of the tower, because after it was placed on the top there

would be no further demand for the process or means by which Penn was

raised to his elevated position.

"Little and often fills the purse" is a familiar quotation to many of

us, and is especially applicable to the profits to be made from

inventions.

Sixth: Is there killing competition in the class to which my invention

belongs?

If your device is likely to run into a section of the trade of the

world where questionable tactics and high-pressure methods are

necessary to keep one's head above water, our advice to you would be,

"Don't do it!" as it would possibly be better to "follow the lines of

least resistance," and spend your time and money on something where

you would have a better chance for success.

In the year 1909, what chances do you think an inventor would have in

starting a business in competition with the United States Steel

Corporation, or the American Sugar Refining Company, or the Standard

Oil Company, or the Pennsylvania Railroad Company, or the Paper Trust,

or the Bell Telephone Company, or the Moving Picture Trust, or the

American Can Company, or the Baldwin Locomotive Works? These enormous

aggregations of brains and capital would make it quixotic to attempt

to compete with them in the markets of the world. Yet you may be able

to invent something they would be glad to purchase!

If your patent is weak or deficient in any one of these six cardinal

tests it is heavily handicapped to just that extent in the race for

success. Do not depend on your own judgment, as your judgment is

naturally prejudiced, and will not, most likely, reflect a dependable

forecast of the public attitude toward your invention. It will be

cheaper in the long run to get reliable counsel in these respects

before you start, rather than learning it from bitter experience.

[Illustration: THE UNITED STATES CAPITOL.]

Terse Suggestions

This is the day of short cuts. If you take the long way 'round, you

will never "arrive." Cuts, to be short, need not be poorly done with a

blunt knife. The cleverest surgeon is he who can perform the biggest

operation in the shortest time. Learn to do things quickly, but do

them well.

* * * * *

In this hustling world we must "get there," and "get there quick," not

only in our conversation but in all our work. We must avoid

non-essentials.

* * * * *

Spend your time and money on money-savers rather than on frills. Do

your work under a system, and stick to it. Do not have a too elaborate

system, however.

* * * * *

With the machine work of the Twentieth Century method, fine hand work

is now considered a luxury.

* * * * *

Don't beat about the bush. Get right down to the point. The swiftest

road to success has the fewest curves.

"Dost thou love life? Then do not squander time, for that is the

stuff life is made of."--Franklin.

How to Succeed as an Inventor Showing the Wonderful Possibilities in the Field of Invention; the Dangers to Be Avoided; the Inventions Needed; How to Perfect and Develop New Ideas to the Money Making Stage · 第 7 / 17 章