How to Advice for Mom Inventors

My name is Missy Cohen-Fyffe and I am a mother as well as an entrepreneur. I read the word “Mom-preneur” some time ago and thought it described me perfectly. I am also the founder and president of Babe Ease, LLC.

Babe Ease, LLC, was established in March of 1999 to manufacture and distribute the Clean Shopper®, a cotton-quilted cover for shopping carts that I patented and trademarked. The Clean Shopper is the original shopping cart cover and my company’s signature product. I’ve since patented and trademarked the Clean Diner® high chair cover, a similar product designed specifically for wooden restaurant high chairs, the Clean Changer™ diaper changing pad, the Super-Soft Clean Shopper shopping cart cover (for mom's who want a little extra pampering), My Traveling ABCs toy and book set, the Clean Burper burp cloth, and more.  There is always some baby product or idea in the works here at Babe Ease, LLC.

Customers with baby product or service ideas of their own often ask me for advice. Some want to know how I went about forming my company or patenting and trademarking my products. Others want to know what type of company they should form or how to best distribute their products. I wish I had enough time to speak with everyone individually, but the time-consuming task of running a company leaves little time to think, let alone chat. So, I’ve developed this section of the Web site to answer some frequently asked questions and to offer a few tips I have discovered. The links below will likely yield ten times the information I offer here, as a start.

Please keep in mind that the content in this section is based solely upon my experience and does not, in any way, guarantee the success of your product or company. These are simply my own observations and ideas that have served me well in my company. You may not want to replicate the things that have worked for me, but I hope the following ideas may point you in the right direction and serve as catalysts for your own discoveries.

Frequently Asked Questions

Do you have any advice for individuals thinking of starting their own home-based business?

I think it’s important to understand that starting a company takes a great deal of time and at least some money. If you are a mother, you’ve probably assumed responsibility not only for child care, but also housework, volunteer work and numerous other activities – from making meals to making up the family’s social schedule – that fill your days. If you have looked carefully at home-business feasibility, thoroughly analyzed the particular pros and cons that apply to your own situation, have secured day care for your children and are ready to begin growing a business, I would suggest the following:

One of the most important aspects of starting a business is to surround your self with competent, reputable business consultants. By this I mean, interview and agree to work with only the best individuals you can find. Please keep in mind, qualified professionals cost money. But these individuals will be vital to the success of your business and spending money for professional expertise up front may save you much more ahead, when you avoid common pitfalls that can sometimes make or break a company. You will want to find the following types of consultants:

I have an idea for a baby product but don’t know how to go about making a prototype.

There are a number of ways to develop a prototype. Some are very inexpensive and easy to implement. Others may require more time, effort and money. For example, a simple method might be to take your idea to a friend who sews or a seamstress and work with that individual to construct your product. A more complex idea might be to have your patent attorney draft a non-disclosure agreement* while you make a list of the sewing contractors (or plastics companies, metal fabricators, etc.) within driving distance (you can consult the Thomas Register – link below for more info). Next, make appointments with a representative from each factory, bringing with you the disclosure documents for your ideas as well as your non-disclosure agreement. Ask the rep to sign the agreement prior to showing your product or discussing it with him or her. After meeting with a number of factories, determine which one best suits your needs.

*A non-disclosure agreement is important because you are taking your idea to an outside entity for consideration. It is very important for you to discuss the potential limitations and benefits of a non-disclosure agreement with your patent attorney.

Always remember to document every step of your process as you go along.

Should I hire a patent attorney, do it myself or bypass obtaining a patent?

My recommendation is to hire a registered patent attorney.  I also recommend having your attorney perform a patentability search.  This is an important first step, as you may discover prior art for your idea/concept that precludes you from producing something exactly the same.

Assuming your product is novel and functional, you will want to obtain as broad a patent as possible.

Please keep in mind that owning a patent does not necessarily protect your idea.  It should preclude others from producing the exact same product as yours, however,  unless you are willing to defend it in court with large sums of money, your protection is only worth the cost of the paper upon which it is printed.  So, think carefully about whether you do, indeed, want to patent your product.  You may find that bringing it straight to market or going for a license may be a more lucrative option for you.

When you do talk with an attorney, the meter is always ticking. Before meeting with your attorney, make sure all of your documents are in order (i.e., initial idea drawings, samples, correspondence where you may have mentioned your idea in writing, photographs, etc) and a list of questions is handy. The goal is to keep your attorney conversations as succinct as possible.

Your overall goal is to create a patent that best protects your product or idea. There are different types of patents (design vs. utility) for different types of products and uses. You will want to know the merits of each and how they pertain to your specific product. You will want your patent to encompass the concept of your product, how it works, what it’s used for, how it is constructed and why it is useful. The key necessity is protecting your product from others who may want to copy it and create a product around your patent. Where are the potential loop holes? Did you specify only one type of fastening system? Are there multiple uses for your product? Multiple methods of construction? Multiple types of material? Make sure to cover all bases.

Why do I need to conduct a patent search?

A patentability search is invaluable. It provides you with references related to products in your specific area of interest. You may believe you have THE original idea for a product because you have not seen anything like it in the marketplace. However, until you receive the results of a comprehensive patentability search, you cannot be sure.

If your search pulls up a product that is similar to yours, your attorney will be able to conduct a comprehensive review of your product and the patented product to determine if your product would possibly infringe. If so, you may need to revise your product. You may also opt to license the idea from the original inventor. Either way, you need to know what product patents in your specific category may be infringed upon by your product. Your attorney will reference these patented products in your patent application for the purpose of indicating how and why your product is new and different from its patented competition. Naturally, if nothing in your category exists, it may be possible for your patent to be broad and encompassing across different categories.

How long should the patent process take and how much should it cost?

The process of patenting a product can take as little as one year (to obtain a design patent for a very non-complex product) or as much as 18 – 24 months for a simple, non-complex utility patent. For a more complex patent in a tight/crowded field, it can take up to three or more years. Your patent attorney will be able to provide a much more detailed explanation for your particular situation.

A patent search will likely cost between $500 - $750. The patent process for a design patent is far less expensive than a utility patent running closer to $1,500 - $3,000. A utility patent has a rather wide price range – starting somewhere around $3,500 and climbing - depending upon complexity and other related factors. These fees typically include the patent drawings, the filing fee and the attorney’s fees.

Additional fees: Will you be branching out into foreign markets? If so, discuss foreign patents with your attorney. You may want to take advantage of those markets as well. You may have filed a design patent and wish, at the same time, to file a non-provisional patent application. There are also patent renewal fees to maintain. Again, an attorney will be able to advise you on your specific needs.

A note about patents: Please note that in order for an invention to be patentable, it must be new as defined by patent law. An invention cannot be patented if the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, or in public use or on sale in this country more than one year prior to the application for patent in the United States. The patent process is strictly for new and useful products. It is best not to announce your product, show pictures of your product or sell your product until you have begun the patent process and are patent-pending. If you have described the product in a printed publication or have used the invention publicly, or have placed it on sale, you must apply for a patent before one year has elapsed; otherwise any right to a patent will be lost. An inventor must file on the date of public use or disclosure in order to preserve patent rights in many foreign countries. It is highly recommended that you discuss potential novelty and obviousness issues with your patent attorney.

If my product is "patent-pending," am I protected?

Yes, once your product is patent-pending, you are protected. However, it's important to note that being protected does not mean other companies will not copy your product. Being protected only means you will have an easier time defending your rights in a court of law.

What is a trademark and why do I need one for my product?

In my opinion, branding your product is essential to its success. When you name your product, you will want to take steps to protect that name. That is what a trademark can do. The name of your product may incorporate a design, or logo, as well. You may want to trademark the specific font or style of lettering. The goal is to create a name for your product that is exclusively yours. The trademark process is relatively simple and inexpensive, and your patent attorney will be able to file all paperwork for you.

One note, you will want to provide documentation of the first time your product’s name was used in intrastate commerce and/or interstate commerce.

How do I find a U.S. manufacturer to make my product?

There are a number of places you can go for more information on this topic. First, did you work with a factory to develop the prototype? Would they be a manufacturing source for you? Speak with your S.C.O.R.E. counselor. Can he or she recommend someone and/or a factory? Consult the Thomas Register (www.thomasnet.com) and scan thousands of potential manufacturers for the ones that fit your category. You can also contact the Department of Commerce in your state or search www.usgovernment.gov for additional sources.

How do I find a foreign manufacturer to make my product?

In my experience, the best source for finding a foreign manufacturer for my baby safety products has been through my industry’s annual trade show. I belong to the Juvenile Products Manufacturer’s Association (JPMA). You can find them at www.jpma.org. Although the JPMA trade shows are no longer held each year, the ABC Show has taken it's place.  Additionally, affiliation with JPMA can be invaluable. As a member of JPMA you will receive discounts off the exhibit space and more at the ABC Kids Expo. During my industry trade shows, I was fortunate to meet representatives from the factory I currently use. There is an association for nearly every industry. Find yours and become a member.

Additionally, in my state, New Hampshire, The International Trade and Resource Center offers information and guidance in the area of import/export. Check with your state agencies to see what services they offer.

Do you have to hire someone to pitch your product to retailers?

In my industry, I have had success pitching my Clean Shopper products directly to retailers and also using industry sales representatives to pitch my products.

If you are planning to sell your products to retail stores, you will need to pay close attention to your pricing structure and develop a wholesale price list. Typically, wholesale prices are half of retail prices, but the mark-up range is wide, and your industry may work with smaller or larger margins. You will also want to factor in your overhead costs, labor costs, warehousing, customs/duties, and shipping/packaging costs, to name but a few.

You can test the waters by approaching local boutiques that carry complementary products to your line. The store owner or buyer may initially purchase a hand-full of units and see how they sell. You can also hire sales reps to sell your products. Please be certain that your reps have contacts in your industry and already call on a number of stores. You can pay a rep on a commission basis, anywhere from 5 to 10%.

I opted to form a Web site and sell my Clean Shopper products directly to consumers. As demand grew, I started receiving calls from retail stores. Now, I have two divisions, a retail division where I sell directly to consumers, and a wholesale division where I sell to retail stores directly and through sales reps.

Whatever avenue you decide to pursue, I wish you the best of luck!

 

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