| This weekend my wife and I took in a movie. The film | | | | driving in varied climatic conditions. Unfortunately, he |
| was preceded by a movie trailer touting a soon to be | | | | had not fully insulated his invention from predatory |
| released production based on the invention of the | | | | commercial vultures. |
| “intermittent windshield wiper”. Such a topic for a | | | | Patent law is an extremely specific practice. There is a |
| big budget Hollywood movie would seem to be awfully | | | | reason patent attorney’s typically handle no other |
| mundane. However, the trailer was a very interesting | | | | categories of legal work. The Kearns vs. Ford Motor |
| glimpse of a subject that has deep meaning for every | | | | Company patent suit was arduous and tortured. The |
| entrepreneur, inventor or dreamer. | | | | patent law principal of “obviousness” was the |
| Robert Kearns was a university professor and an | | | | center of the dispute. Ford claimed that the Kearns |
| engineer with a passion for tinkering. He had lost the | | | | invention was “obvious”, a device made up of |
| sight in one eye when a champagne cork had popped | | | | pre-existing components. Simply put, Kearns argued |
| squarely into his eye. In 1963, while driving in a heavy | | | | that it was his organization of these elements that |
| rainstorm he noticed that the steady, constant pace of | | | | was truly novel and that his unit was not |
| the wiper blades sweeping water from the windshield | | | | “obvious” until he invented it. |
| caused his sight to lose focus. | | | | It took until 1995 for Robert Kearns to prevail. The |
| At that time windshield wipers only worked at a single | | | | case is considered a landmark. The instance of a |
| rate of speed. As mist, or light rain occurred the driver | | | | single person taking on a huge, international corporate |
| had to manually tune off and on the unit to control the | | | | behemoth, and winning, was amazing, exciting and |
| speed of the blades. Kearns had stumbled into an | | | | myth shattering. Ford paid Mr. Kearns $30 million. |
| opportunity to address a fairly basic, but needed | | | | Robert Kearns spent $10 million on legal fees to fight |
| improvement to an already existing automobile safety | | | | the case to successful conclusion. |
| feature. | | | | There are many lessons here for inventors seeking to |
| At home in his workshop, Mr. Kearns created a | | | | commercialize their ideas and products. |
| prototype of his “intermittent windshield wiper” | | | | - Protect your intellectual property |
| system. Once perfected, he filed for patents and | | | | Utilize Non-Disclosure Agreements |
| began to approach the major American car | | | | Seek professional legal assistance to file |
| companies seeking to license his invention. He | | | | patents, trademarks, copyright |
| demonstrated the unit for Chrysler and Ford, and | | | | File Trade Secrets |
| provided each with proprietary data on his device. | | | | - Lay down a paper trail |
| After internal discussion both advised Robert Kearns | | | | Detail every meeting and phone call with a written |
| that his device was of no interest and they would | | | | re-cap to each person attending |
| pass on the opportunity to license. | | | | Save every dated receipt for FedEx, phone log, etc. |
| Much to Mr. Kearns shock and chagrin, he was | | | | - Build a production quality, working prototype of the |
| amazed to discover that in 1969 the Ford Motor | | | | invention-DO NOT CUT CORNERS HERE! |
| Company began to sell an “intermittent windshield | | | | - Include 3D Computer Assisted Design Art (CAD) |
| wiper” as a featured accessory on their new | | | | with all legal filings |
| models. The technology was remarkably similar to his | | | | - Always assume that others are working on similar |
| prior art. Thus began a legal odyssey that would | | | | inventions and protect your interests |
| consume Robert Kearns life, his fortune and his | | | | We look at hundreds of inventions and new product |
| health. | | | | submissions each year in our consulting business. A fair |
| This is where this tale has ongoing importance to | | | | percentage of these presentations have real |
| anyone seeking to commercialize a new product or | | | | commercial value and could be successfully marketed. |
| invention. The invention of the original mechanized | | | | Most however, will never see a store shelf because |
| windshield wiper was the birth of a “divergent | | | | the creator will not take appropriate steps to protect |
| product”. The invention of the telephone, the | | | | and commercialize their opportunity. |
| television, the radio, or the internal combustion engine | | | | Robert Kearns did. He had a simple idea for a |
| gave birth to “divergent products”. They created | | | | “convergent product”. He took appropriate steps |
| alpha opportunities. The addition of color to televisions, | | | | to protect his invention. When he was ripped off, he |
| answering machines to telephones and clocks to | | | | took up the fight. Because of his success and courage, |
| radios are examples of “convergent products”. | | | | it is now much easier to fight and win against the |
| “Convergent products” are simple product | | | | “big guys”. |
| enhancements that are often extremely valuable as | | | | Each of us sees or experiences opportunities almost |
| wealth generators. Robert Kearns “intermittent | | | | everyday, in our work or personal environment. Most |
| windshield wiper” is a wonderful example of a | | | | of us aren’t paying attention or do not recognize |
| “convergent product’. | | | | opportunity when it appears. For the few that do, and |
| He had not invented the windshield wiper but had | | | | have the courage to act, will be rewarded by a |
| created simple performance elements that motorists | | | | marketplace that craves new products and concepts. |
| found would add safety, comfort and simplicity to | | | | I can not wait to see the movie. |