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