2017-07-12
Fidget spinners are all the rage today. Every youngster has their hands on this toy. It would be easy to assume that the person who owns the patent for fidget spinners would be a millionaire. Unfortunately in this case, that is not true.
The fidget spinner is an interesting case study of what happens when a product idea goes viral, and manufacturing hubs all around the world build it. What can you learn from the fidget spinner patent?
The Inventor
Finding out who an inventor is a tricky business. When you look at history, often, it is not only one person who creates a product, but multiple inventors. This can lead to confusion. A classic example is the invention of the airplane. While the Wright Brothers are widely credited as the creators, there are others who could potentially have held the title of inventor, such as Otto Lilienthal and Richard Pearse.
The Guardian, The New York Times, and the New York Post have all written stories that credited the invention of the fidget spinner to Catherine Hettinger. Catherine Hettinger, a chemical engineer, made a plastic, frisbee-like fidget spinner in the early 1990s for her daughter. Catherine considered it as a prototype fidget spinner and called it a "spinning toy".
The Spinning Toy
However, Catherine Hettinger is not a billionaire.
The Patent
In 1997, Catherine Hettinger filed a patent for her product. She attempted to sell her product to various toy brands. In a big blow to her plan, toy manufacturer Hasbro, which had been testing her product decided to not sell it.
In 2005, her patent expired and Catherine was unable to pay the patent renewal fee of $400.
The Dispute
While there are several publications that credit Catherine Hettinger as the inventor, Bloomberg published a story claiming that she is not the inventor. Quoting from the story, "Hettinger acknowledged that there is no evidence of a direct connection between her own plastic disc and the fidget spinners that are popular today."
Mistakes and Learnings
Be the Inventor
If you are the inventor of a product, you want to ensure that due credit is given. There is a world of difference between the spinning toy created by Catherine and the fidget spinner we know today. The problem lies in the description of the product. The description of the spinning toy does not co-related to the fidget spinner. Below is an excerpt from Catherine’s spinning toy patent:
Renew The Patent
In Canada, the term of a patent is 20 years from the filing date of the application. Ensure that important dates, such as the yearly maintenance fees are tracked and ensure you have sufficient funds set aside to pay these fees.
Hire A Patent Agent
Catherine Hettinger did not hire a patent agent. Perhaps if she had, she would not just own the patent to the fidget spinner, but also be known as the inventor of the device - without any dispute.
Catherine didn’t have the guidance on writing a thorough description nor did she battle against similar products. While you focus on the product, a patent agent works on providing legal protection.
Creating your own product and patenting it can be a challenging task. If you don’t patent it or hold on to the patent, you can lose control of your invention. After obtaining an issued patent, you must also be willing to take legal action against any entity that creates a similar and infringing product.
Having a patent agent simply makes sense and can prevent you from making the same mistakes Catherine Hettinger did with her finger spinner patent.
