Quaestor Equity Partners LLC

The Niche Industry Brief: Highlights for $5 to 50 million makers and marketers of

industrial products.

Fourth Quarter 2004

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Articles:

Exploring New Channels to Market

Preserving Your Ideas at the US Patent Office - An Overview

State Grants for Employee Training

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Exploring New Channels to Market

By Jim Stone, jestone@sbcglobal.net

 

You're experiencing flat sales in your traditional market areas, and little growth in new

market areas. You're unhappy with current sales levels, but anxious about the idea of a

wholesale scrapping of the current marketing practices. If that's the case, consider that

only a tweak or two might be in order.

 

Manufacturers' Agents

For example, many smaller companies find that their most economic path to the

marketplace is through independent manufacturers' agents. These independent sales groups

come in a variety of sizes - from the one-person shop to the multi-office company - and are

customarily paid on a commission-only basis, though these arrangements do vary.

 

Professional manufacturers' agents generally operate as multiple-line sales forces, usually

specializing in related products or in a particular industry or market. Augmenting your sales

force with them is an inexpensive way to get sales troops on the street, when compared with

hiring numbers of direct sales personnel. Manufacturers' agents also bring the advantage of

local contacts and specific geographic expertise.

 

You can research the availability of such agents in several ways. Try the Manufacturers'

Agents National Association (MANA) at www.manaonline.org. You can talk to several of

your best customers, and frankly ask them who calls on them for other products, and who

they like the best. It's also a good idea to reach out to sales managers in other companies that

sell into your target customer base and get their advice.

 

Industry Specialists

This doesn't mean that independent agents are the complete solution. Many are

geographically restricted, and call on customers in unrelated industries due to their varied

product line. There may be times that your product requires penetration of a particular

industry, or a foray into a new market. In these cases, a move to an industry specialist - a

factory-direct sales professional that covers only one target industry - can signal your

commitment to boosting sales.

 

For example, let's say the drug industry is a new focus for you. If your sales force is arrayed

by geography, they will likely have trouble cracking this new market because current

customers and market areas have a stronger pull on their time and attention. Consider an

additional sales person that calls only on pharmaceutical customers. This allows for vertical

penetration and acute familiarity with the issues in that industry. Consequently, that specialist

becomes a clearinghouse for new developments in the market, and identifying new customer

needs, all of which can be passed on to the general sales force when and if the time is right.

Creating an "authority" for that industry is also a great way to raise your visibility, by

participating in, speaking to, and writing for industry associations, trade shows, and

seminars.

 

Communication Is Crucial

The most crucial consideration in any sales force tinkering, however, will always be

communication. If you supplement an agent-only force with a new direct sales specialist, you

must take great pains to explain this direction to the agents - there are few developments

more alarming to a manufacturers' agent. Without an adequate explanation, this may wrongly

signal an impending dissolution of the rep force, and chaos and de-motivation can result.

 

Similarly, the addition of some manufacturers' agents to a force that has previously been all

direct can wrongly signal the intention to "outsource" all sales activity, with similar de-

motivational results. Keep each member of the sales force informed of the changes and the

reasons why, and accept their feedback eagerly.

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Jim Stone has over 15 years experience in the management of industrial sales and marketing

teams, spending most of that time with small manufacturers. His expertise includes sales

team building, sales force automation, capital equipment marketing, and industrial search

engine optimization. You can reach him at jestone@sbcglobal.net.

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Preserving Your Ideas at the US Patent Office - An Overview

By Paul Graham, P.E., CnIConsulting@mcihispeed.net

 

In the last issue, I mentioned the method to preserve the invention date of your new idea by

sending yourself a letter with the new product idea enclosed. Why send yourself a letter? To

"prove" the invention date indicated by the postmark.

 

First-to-Invent vs. First–to-File

The US Patent and Trademark Office (PTO) follows the "first-to-invent" rather than the

"first–to-file" rule to establish patent ownership. Assume you have an idea one day, and

weeks or months later you send in a US patent application. The PTO assigns a first filing

date (also called the priority date) to your request. If the PTO receives at about the same

time another inventor's application detailing the same ideas, the PTO declares the two patent

applications to be in "interference". The inventor that can prove their invention date (not the

first filing date) preceded the other's invention date will receive the patent. (Most other

countries in the world have the "first–to-file" rule which, while unfair to the inventor with

poor organization and mailing skills, makes it much easier to grant a patent to the first

received patent application.) Obviously, proving the invention date via SASE works if you

immediately document the idea and send the letter that day.

 

SASE and Validity

Besides the real world problems of inventing, documenting and mailing your ideas on the same

day, there is another potential difficulty within the future patent application process: validity.

If informed of interference by the PTO, you will need to prove the envelope was not

tampered with in order to prove that the idea was mailed within the postmarked envelope.

And there is no second time you can open the envelope and prove the idea corresponded

with the postmark date without extensive supporting affidavits from witnesses.

 

The Disclosure Document Program (DDP)

To get around the validity issue, the PTO has set up the Disclosure Document Program.

Paperwork disclosing the invention and signed by the inventor is forwarded to the US Patent

Office with $10. The PTO microfilms the paperwork and retains it for two years. If you do

not apply for a patent via the patent application process within those two years, the

microfilm is destroyed. The PTO considers the invention date to be when they receive the

DDP documents even though the real invention date precedes the receipt date.

 

The invention date provided by SASE or DDP documents helps establish when an

invention was first imagined and prove priority if future interference is declared by the PTO.

However, submitting DDP documents is not the same as submitting a patent application.

But unlike patent applications, DDP documents are kept in confidence by the PTO.

 

Remember, both the SASE method and the Disclosure Document method only indicate an

invention date when postmarked the day of the invention idea. If postmarked days or weeks

after the idea date, proving the real invention date is harder. Using bound "laboratory"

notebooks, electronic "watermarks" and other simple witnessing and notarization systems

can better pinpoint and prove the actual invention date, and they all are inexpensive.

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Paul Graham has an extensive background building and managing the Intellectual Property

systems for companies, has helped perfect numerous patent applications including personal

presentations to US patent examiners, and is a diverse patent holder of electrical, acoustic,

aerodynamic, illumination and radio-based products. Paul also has extensive experience in

the design of new products and processes in Engineering, Marketing, Sales, and Quality, and

is a Registered Professional Engineer. You can reach him at CnIConsulting@mcihispeed.net

or (708) 420-9201.

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State Grants for Employee Training

By John Chalekian of HR by Design, Inc., jchalekian@hrbyd.com

 

Are you considering any of the following decisions for your business?

- relocating a part of your business

- expanding your business by adding a new product line

- adding new machinery or equipment

- instituting a continuous improvement management system (TQM, Six Sigma, etc.)

- complying with new government regulations that require worker education

 

Each of these actions can require a substantial investment in worker training. Having

owned and operated my own business for four years, I've learned the true meaning of the

term "limited resources". As a small business owner, you know a decision to spend

money on one thing means you don't have the money for something else. Fortunately,

there are state sponsored programs in all 50 states that are designed to assist local

employers in keeping pace with overseas or out-of-state competitors by helping defray

the costs of improving workers skills. If only more employers knew of these programs.

 

The Employer Training Investment Program (ETIP)

The Illinois Department of Economic Opportunity's ETIP is fairly representative of these

programs. According to its website, the ETIP "helps keep Illinois workers' skills in pace with

new technologies and business practices, which, in turn, helps businesses increase

productivity, reduce costs, improve quality and boost competitiveness. ETIP grants can

reimburse Illinois companies for up to 50% of the cost of training their employees. Grants

may be awarded to individual businesses, to original equipment manufacturers sponsoring

multi-company training for employees of their Illinois supplier companies, and to

intermediary organizations operating multi-company training projects."

 

Eligibility: Companies that are re-locating, expanding or have facilities in Illinois. The

workers to be trained must be full-time workers who are located in Illinois.

 

Exclusions: Retail workers; consulting or training providers; units of government; part-time,

seasonal, temporary or contract employees.

 

Company Classification: Large Companies are defined as having 250 employees or more. A

Small Company has 249 employees or less. The difference is the paperwork processing,

speed of approval and reimbursement schedule. Under both company classifications there

are two training options.

 

Single Training Program: A direct grant to a company for an approved program expansion

or business development project. The company chooses a trainer, completes required

paperwork on program details, and submits paperwork for approval.

 

Multiple Company Training: Training conducted by an intermediary agency. Agencies may

be a trade association, non-profit organization, community college, or a labor organization's

training program.

 

Free Money

By taking advantage of free money, you can do more with limited resources. Let me

encourage you to explore the state grants available in your area. A good source with links to

all 50 state training grant programs is www.incentisgroup.com/training_grants_credits.aspx.

In Illinois, the website is www.illinoisbiz.biz/bus/gri/grants_bus_large.html. It is a good

website that has many state programs that might be right for your business, as well as other

useful links for small business owners or managers. If you are interested in these programs,

contact me to help you through the process.

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John Chalekian, SPHR, is CEO of HR by Design, Inc., a Human Resources services firm

providing small businesses with strategic solutions that impact the bottom line. He holds an

MBA and has taught at Keller Graduate School. For more information on HR by Design,

please visit www.hrbyd.com. For immediate help with your business issues, contact John

directly at jchalekian@hrbyd.com or (847) 215-6706.

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Edited by Mark Gibb, Quaestor Equity Partners LLC, mark@quaestorequity.com

 

Mr. Gibb is a Partner of Quaestor and President of SINCO, Inc., a $20 million provider of

safety netting solutions. Prior to Quaestor, he was President of Safety Storage, a $20 million

manufacturer of pre-fabricated HazMat buildings. Before that he was a Strategy Consultant

for Accenture, and he held senior sales and operations roles with Stewart Warner and

Federal Signal. Mr. Gibb has a BA from the University of Illinois and an MBA from the

University of Texas. Contact him at mark@quaestorequity.com or (708)668-7640.

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Copyright 2004 Quaestor Equity Partners LLC, 20821 Oak Lane, Olympia Fields, IL 60461

 

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