Separating the legitimate invention marketing companies and agents from the bad ones isn’t easy. The image the fly-by-nights portray through false and misleading advertising in legitimate media and on websites is compelling. Messages are tagged with toll-free numbers, paid actors deliver confidence-building call-to-action pitches, and slick four-color brochures picture well-known inventions the invention marketer had absolutely nothing to do with (e.g., the tricycle, ballpoint pen, zipper, teddy bear, or radio) and retail logos that imply distribution and sales. Often in print too small to read, it will say “These products are not intended to represent success for inventors who have worked with our firm.”

Does advertising ever show evidence of the company’s own product placement? Rarely. And if it does, you won’t recognize the product, and inventor testimonials—if any—will be signed with a name and state only. Nothing is offered that would help you contact the inventor for a reference.

Here’s the bottom line: there’s no way any one company or individual could have enough meaningful contacts or expertise in enough fields of invention to find a home for the numbers of products that come in as a result of shotgun, mass-media advertising.

I specialize in the toy industry. It takes every bit of energy, and most of my waking hours, to keep up with the intercompany and intracompany movements of research and development and marketing executives, and to stay ahead of what’s in and what’s out in terms of product trends. There’s no way I could track a multitude of industries simultaneously. No one could. The business of invention licensing depends too much on personal relationships, not unlike every business. Success is a combination of “know how” and “know who.”

Here’s how you can tell if a company is run by pros or cons:

Up-front fees. Reputable invention marketing services and agents do not require up-front fees. You invested your ingenuity, time, and money to create and protect your invention. The marketer is obligated, in turn, to invest whatever it takes to find the invention a home. What’s fairer than that? The moment you pay for services, the carrot is removed. With nothing to lose and your deposit in hand, the broker has little reason to display incentive.

Track record. A reputable firm or agent will demonstrate a track record of successful product placement and a list of satisfied clients. A reputable company will crow about its accomplishments and urge you to call its clients and references.