There is yet another route that some inventors take with their inventions and sometimes this one works for those who have a good idea for a product that cannot be patent protected because it is already in the public domain. That is, the product or something very similar has already been patented or sold before, but it is still a viable product.
You are not required to get a patent if you choose not to do so. If protection from competition is not important to you and the product is not currently covered by an existing patent, you can simply market the product in whatever way you choose. If the product is a really good one, you will probably not maintain exclusivity for a very long time, but if you think yours may be a fad-type product, it could be a wise decision to just get on the market with it and make your profit while the fad lasts.
Catalogs often sell items that have no patents. It is relatively easy to get your product into catalogs if you are willing to manufacture and sell it to the catalog companies. If you are interested in this option, just go online and check with the catalog or catalogs of your choice. They all have contact information. Contact them and let them know that you are interested in submitting a product for their catalog. They will send you their submission requirements.
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If you currently do not have a business and it is your desire to build a business around your invention, you can do it, but it becomes a much more risky proposition. In the example above, the business owner can lose some money if the product fails, but he is not likely to lose the entire business unless he has risked the company’s stability on the success of that product.
If you choose to build an entire business around a new product, not only will you need a substantial amount of start up capital, including enough to survive until the company becomes self-sustaining, you will need to be virtually certain of the success of the product. There are some astounding success stories of people who have built profitable businesses around a single product. It can happen. But, the odds against huge successes with businesses built around a single product seem to be getting steeper. One important reason is that the buyers for the major retailers will not even allow single-product vendors an appointment to show their product to them.
If you have only one product to sell to a major retail chain, you are not likely to be given that opportunity, no matter how great your product may be. While the retail stores are made to look cheerful with bright colors, bright lighting and background music to enhance the shopping experience, to the retailer it is very serious business and each inch of shelf space is allotted to a particular manufacturer in a map of the store, known as a planogram.
Getting your product on that planogram is not an easy task if you have but one product.
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Marketed as simple and easy to own, stocks are actually the most complex and emotionally challenging of all asset classes. Powerlessness,
unmanageability, regrets, fears, social pressures, herd behavior, and complexities galore are the norm. Stock investors are primarily an optimistic group. They believe that stocks they purchase will increase in value. They all know stories of stocks that increased in value by 100 times or more. The potential rewards appear unlimited. Of course, most stock investors are aware of the risk of loss, so they diversify and employ other cautions. Still, every stock investor believes that one or more of his stocks or mutual funds will have fantastic returns.
Businesses issuing stock encourage this belief and are all too happy to accept the investor’s cash.
Investing involves small segments of society: businesses, individual farms, buildings, and entrepreneurs. Only recently, with the advent of index funds, has investing concerned the whole of a large market: the stock market. Index funds are mutual funds that buy shares in every stock in a given segment of the market. Buying index funds, you can buy a piece of the whole stock market. Still, the stock market is only one segment of society, though currently a large segment.
The investor trusts the investee. When this trust is broken, strong emotions are unleashed. Utility stockholders are furious when a utility cuts or
eliminates its dividend. When a tenant defaults on a lease and forces a property into foreclosure, the property owner has a wide range of emotions triggered by the breach of trust. Some vow never to own real estate again.
Sometimes the investment exceeds expectations. Wal-Mart investors saw their small regional chain become the largest retailer in the world. Berkshire Hathaway went from a shell company to one of the world’s largest corporations. Success triggers grandiosity in some, frivolity in others.
Many successful investors are disoriented and unhappy. However, faith is also a part of investing. The borrower, tenant, or business owner believes the application of science and technology to business practices will produce more than the sum of capital and labor, thus enabling him to pay the rent, interest, dividends, or capital appreciation plus enough for his own savings. Productivity, technology, and efficiency are the creed of investors.
When we talk about minimum payments, we’re not just talking about credit cards, which is what “minimum payments” are usually associated with. Many other types of loans, such as “payment optional” mortgages, give consumers a lot of room to minimize their monthly payments, as long as they don’t go below a certain dollar amount.
The problem with this is that compound interest continues to march forward on your balance, especially when you pay just the minimum. In fact, your balance can actually grow if your minimum payment was less than the interest that was actually added to our account for that month.
Unfortunately, making minimum payments is human nature. To get out of debt, you’re going to have to go against the very fabric of who you are. By nature you instinctually avoid pain, and paying down a debt when there are other fun things that you can use your money for is painful! When given the choice between using all your disposable income to pay off a debt, and using some or most of it to enjoy life, you’re going to choose the latter. In fact, over the years, I’ve come to observe that when most people open their credit card statements, their total balance is not the first number they look at. People actually tend to check their minimum payment due before the balance!
We have now talked about enough different forms of risk that the relationships between risk and change should be clearer. In psychological terms, the word change tends to have positive connotations, and the word risk of course has negative connotations.
But they are much the same thing. Some kinds of change are statistically predictable and hence manageable. People are born, work, retire, and die. Their activities—whether they are inventors or thieves—affect the lives of others. Their presence or absence creates myriad opportunities and threats, and adjusting to these changes creates both opportunities for gain and some dangers. In addition to the activities of individuals, new combinations of circumstance for gain or loss arise constantly owing to the activities of markets and institutions.
Each day brings new prices for securities and new values for currencies and commodities. Other events blow through the global economy with some regularity: hurricanes, election surprises and coups, strikes, earthquakes, terrorist attacks, transportation accidents, and so forth. Conventional risk-management tools seek to minimize the hazards and perils; in a global economy with massive financial resources, a lot can be done and a lot is done.
Human and intellectual capital are only valuable when embedded in an enterprise. This point is seemingly obvious but needs to be repeated now because it has some less obvious ramifications.
If I am unemployed, my education and experience are doing me little economic good. But the day I show up on the job, I create a revenue stream for myself. If my employer chose wisely in hiring me, I will subsequently add value to the enterprise as well.
Indeed, the value of a human asset will depend enormously on the nature of the enterprise in which it is embedded. A great quarterback will be more valuable on a good team than on a mediocre one—if only because he will be given more time to throw and because his receivers are more likely to be open.
Furthermore, if he is traded to a contender, he may take that team to the Super Bowl—he is more valuable on the contending team. From a value viewpoint, his present team should value not only his direct services, but also the option of trading him to a competitor, provided that is a realistic business option. In effect, he has no intrinsic value; his value to the Chargers is the difference in their value playing with and without him; his value to the Bills is likewise the difference with and without his services.
If the first number is substantially larger than the second, the Chargers and the Bills have room for a deal that creates additional value for both teams. Of course, his value is zero to an organization that isn’t into football, say a ballet company, which cannot use his talent at all.
Intellectual property is equally situational; a patent will be more valuable embedded in a firm with a position in the market than in a firm without such access.
When the value of an asset is sufficiently situational, there may be important opportunities to create value by framing options.
Specifically, the asset, like the quarterback, may be less valuable in the enterprise in which it is currently embedded than in alternate uses.
Overcollateralization is the excess of the mortgage pool balance over the certificate balance and acts as internally generated credit support. Excess spread is used to accelerate the amortization of the outstanding certificate’s principal balance to a level lower than the mortgage pool balance.
Overcollateralization can either be allowed to build over time or be fully funded at closing. If the OC is built over time, excess spread is used to accelerate the paydown of the AAA classes until the target OC amount is achieved. The target OC amount is usually achieved in the early months of the transaction’s life. Conversely, if the OC is fully funded at closing, then excess spread is used to maintain the OC amount. The target OC amount is generally established as a percentage of the original principal balance. The required OC amount varies depending on the underlying collateral composition, structured used and the level of spreads on the liabilities (bonds) issued.
An overcollateralized transaction can sustain losses equal to the amount of current available excess spread and overcollateralization before incurring principal writedowns in the capital structure. For example, assume the transaction structure and a target OC building to 1.3%. Once cumulative losses exceed the OC amount, and if excess spread is insufficient to cover losses in a given period, then subordinated bond investors will incur principal losses.