Professional Documents
Culture Documents
Hey Look What I Made 210219
Hey Look What I Made 210219
What Do I Do Now?
U N LO C K I N G T H E M YS T E R I E S O F
CO M M E RC I A L I S I N G I N V E N T I O N S ,
IDEAS AND DESIGNS
George Mavros
Copyright © George Mavros 11/08/2007
First Published in 2007 by Leap of Faith Training Pty Ltd
This edition published in 2018
All rights reserved. The use of any part of this publication reproduced,
transmitted by any form or by any means, electronic, mechanical,
photocopying, recording, or otherwise, or stored in a retrieval system,
without the prior consent of the publisher is an infringement of the
copyright law.
All moral rights of the author are also asserted.
All enquiries should be directed to the Author.
ETSI CONSULTING PTY LTD
PO Box 2770
North Parramatta NSW, 1750
Published by
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Disclaimer: The information provided in this publication is provided on
the basis of general comment and not specific personalised legal, financial
or investment advice. The author and publisher disclaim all responsibility
or liability to any party that incurs loss or suffering as a consequence, be
it directly or indirectly, from taking or not taking action based on the
information provided in this publication.
The Author and publisher specifically recommend that the reader seek
independent professional advice where applicable.
In memory of my mate
Foreword ..............................................................................5
Introduction .........................................................................7
1. What is intellectual property? ....................................... 11
2. Do I need an IP strategy? ............................................. 16
3. Where do I get IP advice? .............................................20
4. Where do I get IP protection?....................................... 25
5. What is a patent? .......................................................... 28
6. Does having a patent mean I’ll succeed? ...................... 34
7. What covers what in IP? ...............................................37
8. To search or not to search ............................................ 46
9. Prototypes and proof of concept models ....................... 49
10.To market, to market ................................................... . 54
11. “Latin Speak” — ‘dealing with professionals’ ............... 59
12.Where to from here? ...................................................... 63
Special Exclusive Lifetime Offer .........................................67
Some funny sayings... ........................................................ 69
Acknowledgements.............................................................77
Foreword
What is a good idea? What is a flash of inspiration? W hat is
worth preserving for others to use? All of these questions and
more are answered in this slim booklet which is compelling
reading for anyone who is a thinker or a creator.
5
As one who has spent hours struggling through the interrela-
tionships between designs, trademarks, copyrights and patents
to assist inventors, I know this booklet will prove to be won-
derfully helpful. Anyone who is an inventor or creator must
have this booklet on their bookshelf for ready reference. At the
end of the day George will talk to anyone about any of their
problems – he is that sort of person.
6
Introduction
Most people who invent things throughout the world are just
like you and me — everyday people who suddenly get this idea
and say, “Hey, that’s pretty neat”.
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George Mavros
To inspire you
In the first session of the seminar, I was the person in the room
who had been trying for the longest to write a book and every-
one knew I had been trying for 15 years or so.
There were a few people at the seminar who were truly amazing
8
Introduction
people. But I could sense, by the second day, they were strug-
gling to let go of their baggage and to accept what Gerry was
saying. And just go for it.
I achieved that! Not bad for a guy who had been trying to write
his first book for 15 years.
At the end of each chapter I have left a page with two headings,
“Questions” and “Ideas”.
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George Mavros
If, at the end of reading my book, you feel like discussing your
ideas or questions with me, I would welcome the opportunity
to try and be of further service to you.
10
Chapter 1
What is intellectual property?
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George Mavros
someone else had created this before you, does not allow you
to also claim rights to it.
In patent law, even though no one else has patented your cre-
ation, if there has been a “novelty destroying publication” of it
before your attempt to seek patent rights, then you may not be
able to gain patent rights.
You can register a trademark and prevent anyone else from us-
ing it after you gain your registration. However, you may not
be able to stop someone else from using what would normally
be an infringing trademark if they can mount an acceptable
“first commercial or prior commercial use” case.
12
What is intellectual property?
Equally, you may have the rights to the IP, but you may not be
the owner of them. More on that later.
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George Mavros
If you find this part interesting, you can look up “case law or
interesting IP law cases” on Google. For example, you will find
articles about the LED light industry which show some of the
ins and outs of IP law.
Commercialising your IP
14
Questions
Ideas
15
Chapter 2
Do I need an IP strategy?
No IP strategy
In a later chapter, we will talk about how Australia IP, the na-
tional government body manages and regulates the IP process.
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George Mavros
But this is not the same as having your own legal, commercial
or strategic team in place.
Different IP strategies
17
Do I need an IP strategy?
People in this last category, “sell to the world”, then fall into
three main groups:
x The first group just wants to sell off their patentable
item and have nothing more to do with it.
x The second group wants to have some ongoing involve-
ment as an ongoing advisor. Or they want to be hands-
on in their home country, but license for all others.
x The third group wants to take the product to market
everywhere themselves.
An example
Other people want to create the original idea and then take it
all the way through to the end product. Sylvester Stallone did
that with the Rocky movies, including insisting that he was to
play the part of Rocky.
There are songwriters who have written songs but possibly never
sung for a living. On the other hand, there is many a famous
singer has also written songs for other singers to perform. Then
there are singer-songwriters who do both.
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Questions
Ideas
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Chapter 3
Where do I get IP advice?
1. Patent attorneys
For the most part they are not involved or responsible for the
actual commercialisation of your idea. They usually are not the
people to be doing the accounting, corporate structure or tax
strategy for you. However, they may have some valuable input
in those areas.
21
Where do I get IP advice?
But more importantly, you need a strategy that fits your budget.
2. Commercialisation organisations
I believe that “one size does not fit a ll”. In other words, just
because an organisation works well with one inventor, does not
mean that they will work well with you.
I have a policy that I will not work for anyone or on any project
that I feel is not in tune with my values. On that basis, I will
not work with any inventor or invention if the product relates
to smoking. And I am more inclined to work with
children’s
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23
Questions
Ideas
24
Chapter 4
Where do I get IP protection?
IP Australia
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Questions
Ideas
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Chapter 5
What is a patent?
Imagine the full potential of the patent you are applying for
is a 40mm diameter hollow tube. To be on the safe side, your
patent attorney writes you an application with claims that is
the equivalent of a 60mm x 60mm flat solid bar.
Then t he p atent o ffice rej ects all cla ims tha t do not fit the
40mm tube and you have a patent that no one can get around
for that area. If the patent is written correctly, there are no gaps
that others can fill.
On the other hand, let’s imagine the patent is that 40mm di-
ameter hollow tube but you either only create or you poorly
write a patent that is equal to a 10mm solid rod. That allows
others to fill i n t he g aps a nd n ot b e i n b reach o f y our p at-
ent. That’s why people say you only need to change 10% to get
around a patent.
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What is a patent?
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George Mavros
Many inventors I have spoken with over the years think that
once you get the provisional patent then you must have a pat-
entable idea. Not so! The issuing of a “provisional patent num-
ber” does not mean that you have a patentable idea. It only
means you are claiming the right to that idea from a specific
date.
So, it does not provide you with an enforceable right there and
then, but it does provide you with the mechanism to have a form
of protection against others infringing on your rights, world
wide.
31
What is a patent?
If you feel your rights have been infringed within that period,
you can still advise the suspected infringer that they may be
infringing.
If you want to have enforceable rights, you can then lodge your
patent application and seek a priority examination. On the ba-
sis that a patent is granted, you would have opportunity for
claiming compensation from the first infringement.
Some people think they can apply for one international patent
that will apply to all countries. That is not correct.
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Questions
Ideas
33
Chapter 6
Does having a patent mean I’ll succeed?
Having a patent does not promise glory. And not having a pat-
ent does not mean failure! A patent, or any sort of IP protection,
is just one part of your marketing sales and business plan. It is
not a magic wand.
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George Mavros
we had a patent. They could only offer say second or third best
quality/performance.
So, if you can get a patent and the cost to your overall revenue
projections represents value for money, it can be a very handy
tool.
And I often say to people that having a patent can be the differ-
ence between going to battle with a platoon versus an army. It
can be the difference between a one-hit wonder strategy (with-
out protection) versus a multi-year, brand building, marketing
strategy (with protection).
35
Questions
Ideas
36
Chapter 7
What covers what in IP?
You can even get IP for plants: “Them greenies, they get into
everything, don’t they?”
38
What covers what in IP?
From the advice I have been given, this is still a relatively new
area and you really do need to make sure your patent attorney
is “up with it” before you delve into it.
So, does your business need to register its IP and which form
should that take? Well, that is always an interesting question.
The answer really lies in what your IP strategy and sales and
marketing strategy is for your product or idea. Be aware that
whatever you choose can easily have you spending thousands
of dollars in a relatively short period of time. So, again get the
strategy right and then decide what’s best for you.
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George Mavros
Many people I have met over the years stress over getting the
right name for their business or product. They say, “If I get the
name wrong, people won’t buy it.”
But, in many cases the name you start with is not as important
as what you make the name stand for.
Those names only gained those meanings after they got sales,
promotion and momentum.
So, you see the name is not as important as the thought and
strategy you put into making it truly stand for and mean some-
thing.
40
What covers what in IP?
And how many times have you wanted a ball point pen but
then asked for a “Bic”, even though you did not want that
brand in particular?
So, having the name is one thing. Maximising its benefit to you
is another.
So, trademarking your name or logo can help you fend off the
unscrupulous copiers.
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George Mavros
42
What covers what in IP?
But depending on how long you have been using yours, they
may not be able to stop you from continuing to use yours. You
would rely on something called “first commercial use.”
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George Mavros
The other validation method is for the name of the site to have
relevance to the products or services that you offer. So, in the-
ory, I could have a marketing company called Fireworks Pty
LTD and register a site called www.fireworks.com.au. Or I
could be a fireworks manufacturer and still be able to register
that same site name. It could get down to who registered first
because both have legitimate right to claim it.
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Questions
Ideas
45
Chapter 8
To search or not to search
Patent searching is one of the great debate starters. It’s a bit like
“front wheel drive” versus “rear wheel drive”. Or “turn the other
cheek” versus “pre-emptive strike”.
I believe for many inventors, paying more than $1,000 for pat-
ent searching at the very beginning of the journey is not value
for money. This is because patent searches will only tell you
about published patents. They will not tell you about provisional
patents. Therefore, anyone that lodged a patent for the same
idea as you up to 12 to 18 months before your lodgement date
will not show up on a patent search.
My strategy
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George Mavros
I can think of many other things you can do with the money
you’ll pay for a search (starting at about $1000). Things that
offer far better value for money for you in t he e arly d ays of
patenting.
Down the track, when you are ready to spend significant mon-
ey on international patenting and other activities, it may be
worth getting a more thorough search and opinion.
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Questions
Ideas
48
Chapter 9
Prototypes and Proof
of Concept Models
When you are trying to get another party to pay you for your
invention, you are really looking to find someone that sees
“the blue sky” that you do. What I mean by this is that you
are trying to get the target company involved with your idea.
You want the company to have the same belief and excitement
about the potential of your idea as you do.
If the target company accept your idea, they will do the re-
search and development, they will do the design work, they will
sort out the colours, shape or whatever it is that they feel is
required to make the invention commercially successful.
50
Prototypes and Proof of Concept Models
So, for the inventor that is not looking to take the product to
market themselves, there is little need to spend large sums of
money on prototypes at the beginning of the commercialisa-
tion attempt.
If on the other hand, you are aiming to take the invention to the
marketplace yourself, in most cases, you will need a prototype
before the major groups are likely to order.
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Please make sure you get a few quotes before you go ahead with
a prototype. You will be astounded at the variations in charges
and quality of service in this area of product development.
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George Mavros
Apart from demonstrating the concept far better than the pro-
totype, we could send it all around the round the world, to any
number of prospective investors or target companies, at the
same time. Something you cannot do with a prototype.
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Questions
Ideas
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Chapter 10
To market, to market
There are very few if any inventors, who have created, patented
and made a million there and then. The usual course is they
create and spend and spend and spend and spend on the devel-
opment and patenting needs. And if they are lucky, they then
get some return.
So, many inventors just run out of money before they can re-
alise the dream. Malcolm Briggs of MC Business, who intro-
duced First Alert Smoke detectors to Australia, calls it “not
enough petrol in the tank at the start of the trip because they
didn’t know where they were going”.
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George Mavros
55
To market, to market
Just remember this: it is very rare that you gain the bigger mar-
gin without taking the bigger risk. So, sometimes it is better
to take a small percentage and virtually no risk than a large
percentage and all the risk.
Without me, she may not have half of what she has these days.
And without her, I may have lost all of what we had and several
times over!
So, our individual risk profiles were quite separate to our joint
risk profile. Together we decided what we were prepared to risk
and then we went for it!
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George Mavros
I won’t play the stock market with $10,000 but I have invested
many hundreds of thousands of dollars in business ventures. So,
my risk profile is also different in different areas of the market.
You need to know what your risk profile is, so you can then
determine how much or how little of the pie you will be happy
with.
57
Questions
Ideas
58
Chapter 11
“Latin Speak” — dealing
with professionals
Over the years I have found that many average people off the
street have difficulty with their accountant or solicitor or pat-
ent attorney. I have a few clients that use me as a go-between,
because I not only understand a good deal of
One of the reasons for this is I have been very fortunate to find
professionals that would explain the Latin Speak terms to me
when I looked like a “deer in the headlights”.
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George Mavros
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So, you are the client. A professional is the servant. You should
not look down on them as a servant. And they should not look
down on you as an amateur.
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“Latin Speak” — dealing with professionals
get the questions right. If not, you run the risk of getting “the
right answer to the wrong question”!
The other thing with professionals is that they will look at your
request from a legal, or accounting or IP perspective, because
that’s what they do. And that’s what we need them for.
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Questions
Ideas
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Chapter 12
Where to from here?
A simple strategy
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George Mavros
If the product is high initial cost and/or high risk, then look to
bring in investors or negotiate a manufacture under license or
a royalties package.
But, just like clothes and shoes, one size or style does not suit
all. So, you need to set a strategy of what you want, and then
seek out those people that you feel most comfortable with.
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Where to from here?
There are many patent attorneys around and there those that
are considered better value for money than others. And not be-
cause they are cheaper. In fact, the ones that offer better value
for money are usually the ones that charge more.
What I have found over the years is that it’s not the company
that I choose, but the individual patent attorney. So, I have a
selection of consulting professionals from a variety of companies
that I use for my client’s needs.
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George Mavros
66
Special Exclusive Lifetime Offer
(Please note that the one free hour may be exchanged for part
credit on participation at a seminar of your choice.)
67
Questions
Ideas
68
Some funny sayings...
worth thinking about
care to ask those you work with and choose as your business
associates and life partners, “What sayings do you live by?”
If you want to use any of mine, I ask that you acknowledge that
you heard it from me.
“There is no point praying for the rain if you don’t even have the
dams designed…let alone built.”
Not sure where I got that from. I’m pretty sure it’s not original,
but I use it a lot. I find it hard to understand why people spend
the time, effort and trying to get the invention patented or
the new customers to visit the business, when they have no
plan in place as to how they are going to service that. Equally,
why spend a fortune on advertising a new product or getting
publicity for it if you don’t have in place the manufacturing or
distribution network to accommodate the increased sales?
***
“If you reach for the stars you may not make it, but at least you may
get off the plains, into the hills or even to the mountains.”
One of mine that I live by. Too often people are not prepared
to accept failing, so they never enjoy success. They would rather
live comfortably in the land of mediocrity than risk suffering
the embarrassment of failing. Using that logic, a child would
never learn to walk, eat or talk. I have had some huge dreams
70
Some funny sayings... worth thinking about
in my life and missed the stars. But along the way, I promise
you, I have reached the top of the hills and on a few occasions,
I have topped the Mountain. Be prepared to fail. It is the first
step towards success.
***
I see this as meaning that we all must know what we are good
at and what we are not so good at. If you know your lim-
itations, then you won’t spend energy or resources trying to
achieve what you just can’t on your own. You will not overstep
or overstretch yourself.
***
“Once you know your limitations, the exciting thing is you also
know just how far you really can go.”
But along the way, I will also enlist the help of those people
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George Mavros
***
“If you are not prepared to deal with the chaff, what gives you the
right to expect to benefit from the wheat?”
Another of mine. This comes from the saying that you need to
sort the chaff from the wheat. Why do people expect to have
the benefits of success, without the responsibility of the work
that is required to get that success?
In most things we do, it is rare that the first attempt will be the
right one — or even if it is considered right — it may not be
the best one.
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Some funny sayings... worth thinking about
Those that don’t grasp it, don’t make decisions that are right
for the majority, based on integrity and honesty. They make
them on commercial or a self-centred expediency basis. What
will deliver the best profit? What will secure the best deal for
me or the board or the shareholders? What will get me or us
re-elected?
On Life
“You’re the voice, try and understand it — how long can we look at
each other down the barrel of a gun?”
John Farnham
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George Mavros
***
***
“Keep doing people favours. Even if they don’t pay you back, the
universe will.”
74
Some funny sayings... worth thinking about
***
“Everyone can see the grey clouds what we need is for more people
to find the silver lining of every grey cloud.”
The real value is to be able to find the good out of every situa-
tion. Sometimes that demands a lot of work, but I promise you
there will always be a positive there. And you benefit when you
go looking for it.
***
“What is a man, and what has he got? If not himself, then he has
not. To say the things he truly feels and not the words of one who
kneels.”
Frank Sinatra in “My Way”
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George Mavros
I may offend you. I may lose your business and in some cases
your support or friendship, but you always know where you
stand with me. You know I always say it as I see it.
***
“Everything I have or own in this life can be taken from me. Except
for one thing: my name. Only I can give that away, but there isn’t
a price high enough for me to do it.”
It means that you and you alone can truly ruin your name.
Others can slander you and others can take all other things of
value from you. But you and you alone control what your name
truly stands for.
***
So, those are some of my “funny sayings” that I take very seriously.
What about you? Are there any sayings here that you want to
adopt? Or do you have some of your own sayings that you want
to give far greater importance to now?
Or no time at all…
76
Acknowledgements
Gina Mavros
My mum, who took the time and effort for so many years, to
teach me the little things and tricks in life that she had learnt.
John Carter
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George Mavros
Geoff Penney
Possibly the only person I have met that I would say was a
“natural born salesman”.
Tom Hopkins
Part of what Tom teaches is for you to take his material, inter-
nalise it and then make it your own. It was once I achieved this
that it truly started to make me fire.
I have trained sales people now for some 30 years and today
78
Acknowledgements
Bob Proctor
George Griziotis
George is my go-to man for all things IP. He has practiced and
lectured in patent law for many years now and is a blessing to
have in your team. He not only gives you the IP perspective,
but also brings sane and sensible, pragmatic business thoughts
to the table.
As I’ve already said, I would never have got to this stage with-
out having learnt so much from a few incredible people in my
life.
But with all they taught and showed me, it took Gerry Robert
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George Mavros
80
SO, YOU HAVE A GREAT INVENTION, IDEA OR DESIGN
BUT YOU'RE NOT SURE WHAT TO DO NEXT?
Learn how to take your invention to market by reading this simple, easy to
read guide.George Mavros has learned many secrets from the best people
in sales,marketingand patenting. Now he shares some of those secrets:
"George, you don't just give us an answer; you a/so give us the
strategy that goes with it."
- Billy Massih, Owner, Urban Protection Group
George Mavros created his first product and started his first business
venture at 11 years of age. He has been in sales, marketing and
distribution for over 30 years, and has represented over 400
companies like WD40, Armor All, Alcon Aluminium, Barillo Pasta and
Artline marking pens. He has sold to major companies in most areas of
the market-place: hardware, grocery, confectionery, pharmaceutical
and government.
Price: $25
www.etsi.com.au
george@etsi.com.au
Pocket Rocket Books