Ward's Manufacturing U.S.A. and Service Industry U.S.A. resources go a step beyond Dun's by offering payroll and production numbers, 10 years of sales, and key ratios -- such as the number of employees, or the amount of payroll, per establishment. "You can get numbers on materials consumed by specific companies, so these are great resources for identifying emerging market opportunities," says Bowie. "They're particularly useful if you're seeking to become a supplier."
For industry news and views, Bowie suggests you cross-check information from publications such as Dun and Bradstreet Industry Norms and Standard and Poor's Industry Surveys, which give snapshots of many industries and the key ratios and figures for the major players in each. Also check the Commerce Department's U.S. Industrial Outlook 1994 for what's imminent in terms of legislation or new products in your market and what your sector's long-term prospects look like.
The costs for searching commercially available databases vary, but expect to pay $1.80 per minute and an additional $2.60 per report, depending on the database. If you're too busy to surf, you can engage a third-party information broker to juggle CD-ROMs for hourly rates ranging from $60 to $100. Some charge a flat rate for long projects. Ask your librarian first; he or she will likely be on the low end of the pricing scale. For the costs and specialties of seven such brokers and a few handy resources, see "The Scoop on 'Info Brokers" and "Fact Finders for Hire" (Sales and Marketing, December 1992, [Article link]).
Done as much info-surfing as you can stand? Then consider purchasing a copy of an invaluable resource: How to Find Information About Companies (Washington Researchers, 202-333-3499, 1994, $395 per volume) is the touchstone of company research and competitive intelligence. Volume one lists more than 9,000 information reservoirs. Companion volumes show you how to research specific aspects of even the most secretive companies. "You'll get a sense of how information is leaked," says Bowie, "so you can patch up your own holes."
International Patents
I would like advice on how to implement a low-cost strategy to defend international patents. Does it make sense to sue those responsible for small infringements every so often, to ward off hordes of potential violators?
Scott Hirsh
President
Pacific Digital Communications
San Francisco
Absolutely. Bringing up charges against violators is a very effective way to claim the monopoly your patents give you. "If you don't take an aggressive stand, the patent, in some cases, can be deemed ineffective," says Ross Mitchell, president of Acclimator Time, in Newton, Mass., which manufactures a jet-lag watch. However, suing violators, a lengthy and expensive proposition both fiscally and emotionally, should be further down your list of intellectual-property priorities.
Patent experts recommend that near the top of the list should be some well-thought-out choices about where you want to obtain patent coverage. That way you're likely to spend much less money, time, and energy in defense of what's yours. Not to be overly discouraging, but it costs about $10,000 to file for a Europatent, which provides coverage in the European Community countries. There are additional fees for examinations, language translations of the patent, and annuities to keep it effective; that can add up to $5,000 per country. (For comparison: if you file the paperwork yourself, you can get a domestic patent for $1,500.) Mitchell, who figures he's shelled out more than $20,000 for his patents thus far, admits he's probably overextended himself.
So be honest with yourself about the global salability of your brainchild. Mitchell recommends you read lawyer David Pressman's Patent It Yourself (Nolo Press, 800-992-6656, 1991, $39.95), which is the best roll-up-your-sleeves guide for filers who don't want to pay a ransom. Mitchell claims the book has saved him thousands of dollars.
You should first identify the regions with the greatest market potential for your product and highlight the regions and countries where the product is most likely to be competitively manufactured, advises Joseph Iandiorio, an intellectual-property lawyer in Waltham, Mass. Then zero in on those manufacturing and marketing hot spots that are most attractive to you for other practical reasons. For example, where are your joint-venture partners located? Where are your largest pockets of customers? Where can infringement be most easily detected? Best policed?
Fortunately, Acclimator Time's Mitchell, who holds a Europatent and has other patents pending in Canada, Russia, and Japan, hasn't had to drag anyone into court. But he says coming up with inexpensive strategies to fend off copycats is "always on my mind." If you have no idea what defending your patent in court entails, you might check out William G. Konold's Patent Infringement Suits: An Executive's Guide to the Litigation Process (Marcel Dekker, 800-228-1160, 1987, $99.75).
When you detect an infringer, Mitchell suggests you first write a nonthreatening but firm letter emphasizing your sole right to sell your invention or service in that country or bloc. "Depending on the situation, I might ask a violator if it wants to become a licensee," he says.
If a violator ignores your letter, you should write a cease-and-desist order with the help of a lawyer native to the perpetrator's country. Sure, the lawyer's meter will probably tick around the clock, but it's important to realize that hiring and paying local talent to defend your patent is part of the price you pay for being a global player. It's always more expensive "if you're laughed out of court the first time," says Mitchell. (You should, however, look into whether your general liability insurance will cover legal fees.
n -- Reported by Karen E. Carney
