Jonathan,
The forums aren’t quite the right place to post your skills for hire. That’s why we created the Skills and Needs sections of this Web site. I don’t mind leaving your post up unless we get complaints from other members. In the meantime, though, please fill out the skills and needs sections of the site so that others can learn about your services.

Thanks,
Matt

Thanks Matt,

If you can remove it, I will gladly post my information in the correct section.

Thank You

Jonathan

I’m OK leaving it up for now… I’ll only remove it if somebody clicks “report as spam”

Please do fill out your skills & needs sections, though. Note, you can set up a “reverse need” – e.g., “I need industrial design customers”

Thanks Matt,

I was unaware of the SKILLS section when I made this post. Thanks for bringing it to my attention. Thanks for the side note. Best of luck to the other Inventors!

Johnathan,

Since you are an industrial designer, I will post this question to you, so that you may educate me and other inventors who might have the same question.

It is my understanding that a patent protects the specific process required to make an idea a reality. So, using a real-lie example, suppose someone has an idea to make an improvement to an aerobic step, and brings the step to an industrial designer with a piece of foam on top of it. She asks the designer to make a production quality prototype based on her idea. The designer essentially scraps the foam pad and creates a model using a curved design. The core idea is still the same; creating an unstable step for improved conditioning of all the stabilizer muscles. However, the design is completely different than what the client brought into the designer.

So, my question is, what protects an inventor from this kind of work-around from the industrial designer? Wouldn’t the designer have more right to the patent than the original ‘inventor’ at this point?

I have a rough prototype which I put together with parts from the hardware and fabric store. I have certain ideas about how this could be produced on a large scale, but I am not an industrial designer. I acknowledge the need for the services of someone like you, but what is standard protocol for this arrangement?

I feel that educating this group on what to expect and what is standard in the indutry will make everyone’s life a little easier as we all try to bring our ideas to market. I look forward to hearing back from you, because I feel that this is the next logical step for me.

The answer can be simple or very complicated… Depending upon what you define within the agreement between you and the designer, engineer, etc.

Types of patents.. which I am sure you are aware of..

There are two types of patents. A design patent, and a utility patent. A utility patent is much more secure and the kind of protection you want if your product improves upon the functionality of an existing product or is an entirely new product concept.

You want a utility patent, which covers the functionality of the product, what it looks like is irrelevant at this point. That being said, a design patent can be applied for which covers the aesthetic aspects of the design. Such as color, logos, materials, etc.

As for commissioning a designer to develop concepts for you..

If you commission the designer to develop an aesthetically pleasing, functional design based upon the functionality you have developed, and the contract you write or have someone write for you stipulates that you are paying for the designer to flesh out your concept, and that once you pay the designer all concepts belong to you. All intellectual property developed by said designer is yours, the person or entity commissioning the project. This should be part of the contract you, the designer, or someone else writes for both of you to sign. Its just a contract defining expectations and what will be delivered. Though it can be as elaborate as you want it to be.

I hope this answers your question? If not please feel free to send me a pm, or an email.

Thanks

Jonathan

Hi Lane:

Regarding utilizing an industrial designer for the aerobic step or any item… make sure that you put in the written agreement with the designer that you own any improvement or modifications to the design, even if they were thought of or developed at a time not covered by your payments to her / him. For example, the person thought of a better design after you paid for the original design iterations.

Also, make sure they say in the agreement they are willing to sign the rights over to you on any patent applications by you.

The Non-Disclosure Agreement form and Consultant’s Work Agreement form in the book Patent It Yourself (written by a patent attorney) cover these areas very well. You fill in the blanks… The money you save not having an attorney write up those types of forms will pay for the book several times over.

I use them with graphic designers, industrial designers, etc.

Lane,

Absolutely, read the fine print. You should have a non-disclosure agreement as well as a non-compete agreement before you tell the designer many details. Another issue is when the designer invents something in the process of working for you. That invention should be his, let’s be fair.
However, he should not have the right to prevent you from using it in your invention. After all, that’s why you hired him.
Make a good contract.

i’m approaching product designers to get a few quotes.Rather than bulls…t on the phone-my preferred medium,my wife suggested that I work out what to say.

I’m enclosing my script and would appreciate any comments.Thanks in advance.I’m off to bed.It’s 3 a.m here.

Brief:

To establish a commercial prototype using the working prototype as a basis.

Route:

1.Assessment;

[i] what is there
[ii] what is desirable/undesirable
[iii] What costs are involved in the desirable
[iv] What is commercially viable to produce unit which retails at acceptable price.

—Resulting in features to be integrated in the commercial prototype.[Could be a possible range of products,from basic to ‘deluxe’-in which case identify basic structure.
Once it is decided what features are to be in the Commercial Prototype

2.Compare and contrast existing mechanisms and functioning with developed proposals.
Identify what can be used from working prototype,integrate suggested alternatives[if any].

Model the above.

3.Consideration of materials and gauging.

Considerations of health and safety with a view to certification.

Considerations of end-user,and softening in terms of ease of use and appeal.

Consideration of ease and economy of production of each constituent part[using off-the-shelf parts].

Consideration of ease of assembly of component parts

Adjustments

4.Production of material prototype.

5.Inspection and field trial.

Health and safety Scrutiny,Ease of use Scrutiny,Consumer Appeal Scrutiny

Adjustments-if any.

6.Final Commercial Prototype.

7.Engineering Plans

Proposed modus operandi:

The project steps are identified through an initial consultation,and written into a proposal/Schedule,and time-frame agreed,if all goes well,in which all tasks are completed.

Subsequently,each stage is accomplished cumatively with each stage characterised by:

Consultation [cost/hour ]

Agreement on action to be taken,and time-frame.

Action priced

Action performed

Bill paid on satisfactory results,i,e.accomplishing agreed task within agreed time frame.

Move onto next stage.

Heading up to Omagh to see a designer tomorrow to get a quote.

Then another one during the week in Belfast.

It’ll be interesting.

Goodluck Jonathan! Inventors and well experience like you are the one who is currently needed in Industrial Design Seattle. Goodluck on you Jonathan on your chosen path and wish you great success!

As a follow up, I was one of four selected for the BBB Students of Invention LPS. It has been a great ride and I am anxious to hear about the development of the concepts they selected.

As I hear developments about my concept I will post them in my micro blog.

Best to everyone and your endeavors here on Edison.

Jonathan C. Smith