Appendix A
Glossary
The following glossary contains a potpourri of terms and jargon you’re apt to hear at some point during the invention, protection, licensing, and manufacturing phases of taking a product from a figment of your imagination to market. It is by no means a comprehensive glossary, which would be impossible given the myriad kinds of inventions, technologies, and methods of production.
I have packed the glossary with words and terms to give you some conversational expertise and send a signal of poise and confidence to those you’re working with. It’s filled with an array of words and phrases that someone skilled in the high art of glittering repartee can use to convince others into thinking you know what’s up.
For example, although you may know nothing about plastics, should a manufacturer ask you for an opinion on which plastic to use for your item, you might suggest ABS, “to give it the durability of a telephone.” The idea is to be able to hold your own.
Knowing buzzwords also ensures exact answers to questions and avoids potentially embarrassing semantic ruptures. So if someone asks you to “polish a thumbnail,” you will not reach for an emery board. Chances are the person is requesting that a rough pencil drawing of a new concept be tightened and colored with markers.
In the work of product development, the “choke factor” has nothing to do with the Heimlich maneuver; “skews” are not used to barbecue shish kebab; “noodling” is a far cry from pasta; rye is not cut on a breadboard; and N.I.H. are not the initials for the National Institutes of Health.
I hope you’ll enjoy and make use of this glossary, a mini-dictionary containing some of the most practical and common terms I come into contact with as an inventor and product developer.
A-price A manufacturer’s wholesale price to the trade, as shown on the company’s sell sheets.
abandon The explicit or implicit relinquishment of a potential patent right. Inaction may render a patent right abandoned.
abandonment The loss of a patent or trademark application, for failure to file a complete and proper reply as the condition of the application may require within a time period set by the USPTO.
abstract A one-paragraph description of an invention in a patent.
accelerated aging test A procedure whereby a product is subjected to extreme but controlled conditions of heat, pressure, or other variables to create over the short haul the effects of long-time use or storage under normal conditions.
accessory A companion item, adornment, or other component developed for use with an item, the number of which can broaden an inventor’s royalty base substantially.
acetal Thermoset plastic that keeps its shape under extreme pressure. Used in cams, wheels, and other machine parts. Trade names are Celcon and Delrin.
acrylic Thermoset plastic that takes color easily and offers high clarity. Used in signage, displays, optical lenses, and automotive light domes. Trade names are Lucite and Plexiglas.
acrylonitrile-butadiene-styrene (ABS) Strong, stain-resistant thermoset plastic. Used in telephones, pipes, wheels, and handles.
add-on See accessory.
administrivia Too much paperwork.
advance A negotiated sum of money given to an inventor, frequently against future royalties. It is typically nonrefundable.
age grading Labeling of products for the appropriate age level of the end users.
agent A businessperson who represents inventor product and negotiates deals. Agents often work in tandem with an attorney. Also called a broker.
air (1) A large amount of white space in a layout. (2) Wasted space in a package.
air brush An atomizer used to spray paint onto models and prototypes to achieve soft gradations and merging of tones.
allylic Thermoset plastic that resists heat and weather.
arbitration clause An out-of-court procedure whereby a third party settles a dispute between the inventor and licensee.
“Are you in a hurry to get this back?” The company wants to keep your concept for review and not pay an option.
assign To sign over to another person or company.
assignee One to whom something is assigned.
atomic (to go) Refers to products that sell beyond anyone’s wildest dreams.
audit Examination of a company’s financial records by an inventor or an appointed representative, for the purpose of confirming the accuracy of royalty reports.
B-school Abbreviation for business school, a place where marketing executives get impractical training.
B-sheet A preliminary sketch.
BCC E-mail abbreviation for blind carbon copy. This is to be used only when you want to be sure everyone will read what you’ve written.
bean counter An executive who cares more about money than product. A non-risk taker who has no imagination.
beauty shot A product image on a package that captures an item in its most exciting form.
bench model A level higher than a test-of-principal (TOP) model. These models are used to prove that a product will perform as expected.
bill of materials (BOM) List of a product’s components.
bird dog To pay close attention.
blank check What licensees never give an inventor.
bleed (1) What inventors often have to do for companies. (2) Image that extends to the outermost edge of a paper or page.
blister See clam shell.
blood supply New ideas. See also managing the blood supply.
blow away Sell well.
blow molding A plastic molding process in which a tube of molten resin is inserted into a mold. Compressed air or steam is used to expand the tube, forcing material against a mold’s wall, where it is held until hard. Used to produce hollow objects like bottles.
blue-skying See noodling.
boilerplate (1) Standard language in a licensing agreement. (2) Blocks of repetitive type used and copied over and over again.
brainstorming Looking for solutions to problems by coming up with many possible answers.
brand equity The core values consumers associate with a brand.
breadboard A model that tests the feasibility of a proposed design.
broker See agent.
bullet A dot or similar marking to emphasize text.
calipers A calibrated instrument for measuring the thickness of surfaces.
camera ready Artwork ready for photographic reproduction.
cannibalize (1) To use parts from an existing product for the purpose of making a prototype. (2) To expand a brand to a point that the extensions erode the market share of the main product.
Can’t wrap my arms around it.” Uttered by an executive struggling to understand a submission.
casting A sculpture produced from a mold.
cavity A depression, or a set of matching depressions, in a plastics-forming mold that forms the outer surfaces of the molded articles.
character licensing (1) Imprinting of a character, image, logo, signature, design, personality, or property on an existing product to heighten awareness and sales. (2) Reproduction of a character, image, logo, signature, design, personality, or property in and of itself as a viable entity.
chip in board (COB) A silicon IC chip that’s mounted directly to an electronic assembly substrate or printed wiring assembly without an intermediate packaging step.
chipboard A crude form of cardboard used for strength in prototyping.
choke factor The strongest feature of a new product.
claims Concise written statements that define the invention covered by the patent application. What falls within that definition is protected by the patent—anything outside it is not protected.
clam shell Packaging in clear plastic that has been molded to a product’s physical profile, hinged in the middle, and snapped around the product for point-of-purchase display.
classic A product that has been popular with millions of people for more than 25 years.
close-out Products reduced in price to get rid of remaining inventory.
commercialization The selling of a product or process for financial gain.
comp Drawing or model that shows what a product will look like when it’s finished. Shortened version of comprehensive.
compression molding The most common method for molding thermoset plastics. Resin powder is put into a mold. Heat and pressure are applied. The plastic sets, and when the mold is opened, a product is released.
Computer Aided Design (CAD) The process of using a computer in the design process.
Computer Aided Manufacturing (CAM) The process of using a computer in the manufacturing process.
conception When you first thought of your invention. Document it with a notebook entry, for example, showing the time and date you had the brainstorm. If you can make a simple sketch, this makes the entry even more efficacious. Sign and date the sketch, too.
Consumer Product Safety Commission (CPSC) The independent U.S. regulatory agency that helps keep American families safe by reducing the risk of injury or death from consumer products.
contingency (on) A situation in which a lawyer agrees to represent an owner of a patent or trademark in an infringement suit, in return for a percentage of the proceeds from any out-of-court financial settlement or an amount of money awarded by the court.
control drawing Drawing with specifications from which model makers can produce working samples.
copyright Exclusive legal right to reproduce, publish, and sell the matter and form of a literary, musical, or artistic work.
cut steel To produce a mold for mass production of a product.
“Cute!” The kiss of death, as in when a prospective licensee says, “That’s a cute item.”
deal breaker (1) A proposed contractual stipulation or condition that one party cannot or will not agree to. (2) A lawyer. (3) A product does come in at the right cost.
death by tweakage When a product fails because of unnecessary tinkering or too many last-minute revisions.
deco Short for decoration.
design Features of shape, configuration, pattern, or ornamentation that can be judged by the eye in finished products.
design patent The emphasis of this type of patent is on the design of the invention, not on its functionality. What is important with this type of patent are the invention’s unique ornamental and aesthetic properties. Design patent numbers always begin with D.
detailed drawings See dimensional drawings.
detent A device for holding one part in a certain position relative to that of another part.
developer A person who creates and develops new products.
disclosure form See nondisclosure form.
dog Slang reference to a product that’s dead at retail.
dog-and-pony show An intricate product pitch.
“Done deal” Signals the start of negotiations.
double-tooling Expanding production to meet demand.
draftsman Person who prepares mechanical drawings, especially for patents.
dropped item (1) Product that has been withdrawn from consideration. (2) End of an inventor’s dream.
dumb it down Refers to making a product so the masses can understand it.
dumb it up Refers to making a product just slightly better for the mass market.
Durometer An instrument used for measuring the hardness of a material.
edutain To educate through entertainment. Usually refers to science and discovery products.
engineering prototype An actual working version of a product, system, or process used to gather information on the operation, performance to specifications, and manufacturing requirements.
ergonomics Science of making buttons and controls fit the product within the limitations of its design.
examining attorney A USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark.
exclusive license Grants a licensee the sole right to produce and sell certain products in one or more particular product categories, in a territory and/or distribution channel for a certain period of time.
exploded view A means of showing the relationship of one component against another, drawn in the sequence in which the object would be taken apart.
extruding A molding process used to produce continuous forms such as pipes, rods, fibers, and wires. Rotating screws force raw material through a heated barrel, in which it melts and is then forced out the other side.
fair use A court ruling regarding copyright or trademark infringement. It says that under certain circumstances a trademarked or copyrighted material can be used without a license fee or permission.
FedEx The quickest and most expensive way to get a prototype to key marketing and R&D executives just as they leave on holiday.
file wrapper The complete PTO file on a particular patent.
first shots The first plastic pieces out of a new mold.
flashing Excess plastic not trimmed off during the molding process; caused by poor tool match.
fly on instruments To work according to instrument readings only, without visual landmarks.
focus group Formally organized testing of a product by volunteer or paid consumers.
free No cost, but frequently with strings attached.
free on board (FOB) A purchase plan whereby a customer can pick up product at its foreign point of manufacture for a lower price than had the goods been delivered to the United States.
gating authority The key decision maker, especially for new product submissions.
go south When an idea is dropped by a manufacturer.
gremlins Obstacles that get in the way of a product’s development and success.
guarantee The minimum sum of money a manufacturer pays to an inventor.
hard cost A product’s full cost, including materials, labor, and packaging. If off-shore, add duty and freight.
hitchhiking The process of one person’s idea producing a similar idea or an enhanced idea from another person.
hype (1) Promotion of a product through media events. (2) Product claims. (3) Exaggeration of performance or payoff.
“I don’t get it.” Signal that you do not want to do business with this individual.
“I don’t have e-mail.” Signal that you do not want to do business with this individual.
idea harvesting The process of gathering ideas.
ideate To form ideas.
in the review process Frequently means that your rejection letter has not yet been sent.
indemnification To hold a party harmless from any claims, actions, or other damages arising from a breach of contract or practices for the licensed technology.
infringement When someone willingly or unwillingly uses your intellectual property without your permission.
intellectual property (ip) The property of your mind or intellect. Types of intellectual property include patents, trademarks, designs, confidential information/trade secrets, copyright, circuit layout rights, etc.
inventing community Catchall for professional inventors.
“It’s in the mail.” Your prototype, contract, or check has not been sent yet, but will be now.
joint inventor An inventor named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.
jump-start a product To throw a lot of television or media dollars behind a product, in hopes of stimulating consumer sales.
keeper A new product a manufacturer wants to hold for further review.
kill fee A negotiated payment made to an inventor by a manufacturer if an agreement is prematurely terminated prior to the start of production.
killer item A great product.
KISS (keep it simple, stupid) Refers to an approach to product design.
kitchen research Informal R&D conducted in a casual manner to get reaction to an idea.
knock-off (1) Stealing of another person or company’s idea by copying it so closely that it embodies the spirit of the original. (2) Nonpromoted copy of a best-selling product at a lower price.
landed costs Total cost of receiving goods at a U.S. venue, including product costs, transportation costs (e.g., ocean freight, air freight, etc.), brokerage fees, ground freight, insurance, commissions, design costs, duties, payroll taxes, value-added taxes, excise taxes, and other taxes.
lash up A crude prototype.
Law of Strawberry Jam The further you spread something, the thinner it gets.
legal scrub The process of running a contract by a lawyer.
legals Corporate shorthand for patent, trademark, and copyright notices that go on a package.
Let me show it to my people.” Music to an inventor’s ears.
letter of credit (L/C) A letter addressed by a banker to a correspondent certifying that the person or company named is entitled to draw a certain amount of money upon the completion of a specific performance, e.g., the manufacture and delivery of so many products to a drop-off point.
license agreement A contract that gives permission to make, use, or sell a patented product or process. Licensing can be exclusive or nonexclusive, for a specific field of use, for a specific geographical area, or U.S. or foreign. If ownership is transferred, it’s called an assignment.
licensed property Unique character, event, or personality that has proven consumer appeal, which companies incorporate into their products for a royalty.
licensee The person or company obtaining a right from the licensor to commercialize a concept in connection with a product or service.
licensing The act of contracting the rights in an invention to a manufacturer.
licensor A person (e.g., an inventor) or company that owns and/or controls the authority to grant others the right to use or manufacture a property under a license agreement.
life support Where a product goes just before it is dropped.
line A family of products typically marketed under the same trademark.
line review (1) Periodic management meeting to review line development. (2) A blood-bath; often catered.
logo or logotype A trademark.
looks-like prototype A 3-D model that looks like the final production item, although it may not be made from materials specified for production.
looks-like, works-like prototype A 3-D model that looks and performs exactly like the final production item, although it may not be made from materials specified for production.
loss leader A selling technique retailers use, pricing a popular item at or below cost to attract consumers.
managing the blood supply Keeping new ideas flowing.
marker rendering An illustration colored with markers.
MBA Corporate types whose work is too frequently dictated by numbers. They usually carry a calculator, an abacus, or worry beads.
me, too product A close copy of another product, usually a knock-off of a successful product. See also knock-off.
micrometer An instrument for measuring minute distances, angles, etc.
minimum guarantee The least amount of money a manufacturer agrees to pay an inventor during a specified period of time.
minimum order quantity (MOQ) The number of orders required for a manufacturer to produce a product.
mock-up An experimental model or replica of a proposed product.
model A clear and detailed prototype.
model makers Handcrafters of prototypes and models.
mold A cavity in which a substance is formed.
momentai (phonetic spelling) Chinese for “No problem.” A word heard frequently on factory visits to China.
multicavity mold A mold with more than one cavity, for molding more than one piece at the same time.
multiple submission A submission by an inventor of the same concept simultaneously to more than one company. It’s a potential survival method used by an inventor to avoid having all eggs in one basket.
neophobia The fear of anything new.
net sales Gross sales of licensed articles less allowed deductions such as taxes, returns, or freight.
nice try An attempt to pay an inventor on a nonroyalty basis. See also work for hire.
N.I.H. Syndrome Not Invented Here Syndrome, a state-of-mind at companies that do not welcome outside submissions of ideas.
“No problem.” Big problem.
nondisclosure agreement (NDA) An agreement by which inventors share confidential or unprotected information with a potential licensee or people brought in to work on a project.
noodling Tossing ideas around with other inventors; problem solving.
office action A letter from the U.S. Patent and Trademark Office providing an assessment of a patent application under review.
one-off One-of-a-kind prototype.
option agreement An agreement between an inventor and a potential licensee during which time the company will investigate the patent and market potential of an invention. During this evaluation period, the inventor cannot license to another party. Options often involve holding money.
original equipment manufacturer (OEM) A factory that produces ready-made elements or products.
parallel development Similar products from two different creative sources.
patent The exclusive right to exclude others from making, using, or selling an invention for a specified period of years (usually less than 20), granted by the federal government to the inventor(s) if the device, composition, method, or process is useful, novel, and non-obvious.
Patent and Trademark Depository Library (PTDL) A library designated by the USPTO to receive copies of patents, CD-ROMs containing registered and pending marks, and patent and trademark materials that are made available to the public for free. The libraries also actively disseminate patent and trademark information and offer Internet access to the USPTO’s online collections.
Patent and Trademark Office (PTO or USPTO) The Department of Commerce agency that examines patent and trademark applications, issues patents, registers trademarks, and furnishes patent and trademark services to the public.
patent attorney A lawyer who specializes in writing patent applications. The attorney is also frequently an engineer.
patent infringement See infringement.
patent pending A notice that often appears on manufactured items to signify that someone has applied for a patent on an invention contained in the manufactured item. It serves as a warning that a patent may issue that would cover the item and that people should be careful because they might infringe if the patent issues.
patent troll A shakedown artist. A person or company that procures active patents from their inventors and uses the patents to bleed money from businesses through lawsuits or the threat of lawsuits for patent infringement.
patentable Suitable to be patented.
patentee An inventor.
pattern The solid form, typically wood, from which a mold is produced.
perceived value The worth of a product as reflected in its components, packaging, and advertising.
pond (the) The Pacific Ocean, as in, “I’m going across the pond to visit a factory.” Also can be used to refer to the Atlantic Ocean.
preliminary design (1) R&D department. (2) The breadboard stage of a product in development. See also breadboard.
prior art Relates to existing patents and other sources of information where someone may have already published information about an invention that’s similar to an invention you think is patentable.
priority date A priority date is established for your invention when you first file a patent application that describes the invention in detail. This is used to determine whether your invention is new. If your invention is known to the public before this date, you are not entitled to patent it.
product champion An executive who wants to license your invention and sell it inside to his or her colleagues.
Promethean Creative. Derives from Prometheus, a demigod in Greek mythology known for his bold and skillful acts.
prosecution The proceedings from the initial filing of a patent application in the U.S. Patent and Trademark Office to the issuance of the patent.
prototype An original model on which something is formed.
“Pull it green” To take a product off the market before it matures.
push money Money paid as an incentive to a salesperson.
quality assurance (QA) Typically refers to a test.
quality control (QC) The monitoring of production by independent contractors or nonfactory employees.
quarterly reports Statements from licensees to inventors (a.k.a. licensors) that state how many of any particular items were sold in the previous quarter. Inventors pray that royalty checks accompany quarterly reports.
rapid prototyping Technologies that additively “grow” a design layer by layer through a process driven by 3-D CAD data. See also stereolithography; selective laser sintering.
receptionist (1) The first stop. (2) Key inventor contact.
red light (1) Idea that stops traffic. (2) Corporate-speak for “Don’t spend any more of our money on that concept.”
registered mark (®) A trademark that has been registered with the USPTO.
rejection Rehearsal before a big event.
research and development (R&D) The part of a company tasked to create and develop new product.
rough The first pencil draft of an illustration.
rough model See breadboard.
royalty Income based on use (such as percentage of sales) that is returned to the owner of a patented invention by a licensee company. In addition to royalty income, licensees typically pay an execution fee (when they first obtain the license) and an annual maintenance fee (while they are developing the product for marketing). Royalty income replaces the maintenance fee when sufficient sales have been generated.
Rube Goldberg invention A ridiculously overcomplicated way of accomplishing a simple task.
scale The size of a picture, plan, or model of a thing compared to the size of the thing itself.
schematic A diagram that shows the layout of things in a logical manner.
secret Something everybody is talking about.
sellitus A disease that overtakes some inventors, amateurs, and professionals who have not sold a product in a while and need the victory (or advance). Sellitus usually results in bad deals.
semiconductors Conductors of electricity (typically made from silicon) that allow the design and manufacturing of very small, very complicated, yet very inexpensive electrical circuits.
service mark (SM) The same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
servo An automatic device that uses a sensor and a motor to control a mechanism.
ship air To pack a product improperly so the package is oversized for the dimensions of the contents, thereby using excess space.
shots Molded plastic pieces.
Shtikmeister (root: Yiddish) A showman.
skew A product in retail inventory, a stock-keeping unit.
small entity status Status of an independent inventor that qualifies the inventor for a 50 percent discount on USPTO fees.
“Sorry, I gotta take this call.” Take a deep breath and be prepared to wow ’em. You have two more minutes.
split royalty When two or more inventors divide the pie.
staple Product that sells year in and year out.
state of the art An engineering term implying the state of knowledge available in a field of science or engineering.
stock-keeping unit See skew.
submission form See nondisclosure agreement.
SWAG The abbreviation for “sophisticated wild-ass guess.”
sweat equity The estimated value of uncompensated labor.
template A pattern or guide for creating something.
think box The human brain.
thumbnail A rough sketch.
thunderbolt thinking Flashes of insight.
tissues Rough pencil or charcoal sketches.
tooling Steel molds with which to produce plastic components.
trade dress The unique packaging, design, silhouette, or shape of a product that gives it a level of recognition and distinguishes it from other products.
trade secret A secret method, formula, or device that remains unpatented to keep it a secret.
trademark (™) A word, phrase, symbol, or design; or a combination of words, phrases, symbols, or designs, that identifies and distinguishes a source of the goods of one party from goods of others.
trademark troll See patent troll and substitute TMs for patents.
utility patent A patent granted to an inventor of any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
vacuum-forming A manufacturing process in which a heated sheet of plastic is drawn into or over a mold by way of a vacuum.
Valley of Death Where products die after transitioning from public to private financing.
vampire project A project capable of sucking the blood out of anyone associated with it.
visual punctuation Decoration.
WAG Abbreviation for “wild-ass guess.”
wannabe (1) Product that is not fully or accurately defined—it wants to be something else. (2) An amateur inventor, usually a part-timer who wants to play in the big leagues.
waste mold A mold from which only one cast can be taken.
“We’ve already done that.” (1) No interest. (2) Take a lower royalty.
“Whatever you say.” You have too much control over the company’s project. Get ready to take a fall.
white knight See product champion.
“Who has seen this?” ”Which one of our competitors has passed on this, and why?”
wooden stake letter A rejection letter.
work for hire Work produced either by an employee within the scope of employment or by an independent contractor under a written agreement. If the work is produced by an independent contractor, the parties must agree expressly in writing that the work will be a work for hire. The employer or commissioning party owns the intellectual property.
works-like prototype A model that works exactly like the production model of an item will work, although it need not be made from production materials.
worm-eaten A product that has been seen and rejected by many companies.
WOW factor The strongest and most promotable feature of a new product.
X The spot on a license agreement where the inventor signs.
X-acto A brand of cutting instruments that hold a variety of blades.
yawn A boring product.
“You’re kidding, right?” It’s downhill from here. Take out your next idea and start pitching it.
“You’re the genius.” All the pressure is on you.
yum-yum A tasty, wonderfully innovative product.
zookeeper An inventor-relations executive.
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