Taking A Business Idea To A Patent: The Case Of Scrub Daddy

You have the perfect idea for a business product. How do you take this from an idea to marketable product to a protected patent? The obvious answer is - you patent your idea. However, Scrub Daddy is an interesting case to take a look at, not just as a business model, but as case study of how to patent your idea.

Creating The Product

The product was originally made in 2006 when the creator, Krause, was running a product company called Dedication to Detail. One of the products the company created was a urethane foam buffing pad. The product was intended for autoworkers to get rid of grime, grease and oil from their hands.

For whatever reasons, his business did not work out and the product went into storage. A few years later, in 2011, Krause needed to clean his lawn furniture and decided to use the product. It performed the job so well that he tried it on his dirty dishes too. From there, he discovered a new use for his product.

Making It A Business

Having a product is not sufficient, it needs to be turned into a business. The first thing that Krause did - before even giving the product a brand name - was to patent it.

He then created brand packaging for the product and tied up with five ShopRite grocery stores in New Jersey. Scrub Daddy further appeared on the front page of Philadelphia Inquirer and had two appearances on QVC. His business was growing. On Scrub Daddy’s second appearance on QVC, 4,000 units were sold in 8 minutes.

However, Krause wanted more funds to boost his manufacturing capabilities. In 2012, he decided to appear on Shark Tank and he managed to get an investment of $200,000.

Protecting Your Product Idea Publicly

What makes Scrub Daddy an interesting case is that the idea was televised publicly to thousands of viewers. The brand name and the product were not well-known, anyone could have stolen the idea and attempted to market it in another State in the USA.

So, how did Krause protect his idea?

Before coming on the show, he had one patent and two more patent applications pending, and he had a trademark on the brand name, Scrub Daddy.

By 2016, Scrub Daddy had four patents:

1. For appearance
2. For an enhanced appearance
3. For the material and the process of making the material
4. For a scouring pad of that material

While the most critical part of the Scrub Daddy was the material, the smiley face was a crucial part of branding. Hence, both elements were patented.

Dealing With The Competition

Scrub Daddy has sold more than 10 million units and has seen profits of over $50 million. With such success, there are bound to be those who try to copy the idea.

In 2014, Scrub Daddy filed a complaint against Smile Daddy due to the infringement of its trademark name and their patents. Smile Daddy was ordered to stop selling the product and was required to pay for Scrub Daddy’s attorney fees.

What You Can You Learn From Scrub Daddy

• As soon as you have a product - patent it.
• If there are any other endearing features about the product, such as the shape or colour - patent it.
• The bigger your brand, the higher the chance someone will try to copy your idea.
• If someone copies your product, take action immediately.

Protecting your product is a crucial aspect to the success of your business. You can patent your idea, however, that is just the first step. If you reach out to Prowse Chowne LLP, we can help to build an IP protection strategy for your products and business.