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Commercial/Skit idea?

Product Licensing: What are good ways to monetize an idea for a new type of assault weapon?

  • I recently filed a Provisional Patent Application for a new kind of assault rifle that I'm pitching to ARDEC (http://www.ardec.army.mil/) and I am currently seeking funding to develop the idea into licensable IP and a fully functioning prototype. While the project is still confidential, the question to you, however, is what is the best way to go from a raw concept in a 22 page 'Unsolicited Proposal' (http://www.pica.army.mil/TechTran/policy/docs/unsolicited_proposals/Guide_for_Unsolicited_Proposals_6.7.10.pdf) which includes a copy of the Provisional Patent Application.... to actually making money off the idea? In short, I have absolutely no experience with anything like this - either from a manufacturing standpoint, or a licensing standpoint... and despite the company name, I don't have any experience in the firearm industry, or the Military, either... other than I grew up hunting and shooting. That said, I have shown the document to a PA State Trooper, a special ops Marine (now contractor) and his associates, and a Navy serviceman - and all were extremely positive, with one LEO even asking me if I had a prototype they could demo (which I don't).  So as far fetched as it sounds, I think I designed a new weapon, and the few people I showed it to that might use it in the field actually liked it. So since I'm not able to disclose anything more than I have already, I'm hoping you all can just humor me, and for the sake of this discussion, just focus on how a normal Joe might go about taking his idea on paper and turn it into dollar bills.  If we can stay focused on this aspect, and not my invention, others with the same questions can use this thread as a reference. So to start, let me tell you at least what I'm thinking, and thank you for your comments in advance, then maybe you can help me figure out my options... Right now, the idea is only in the form of a Provisional Patent Application (PPA).  I have no real money to put towards developing the idea much further.  I have been told to seek feedback from a manufacturer, after getting them to sign my NDA, but before I file a Non-provisional Utility Patent Application or even begin to create a prototype.  The reasoning behind this is that manufacturers usually want you to tweak something, which means you will have to file another patent to protect the refined idea, which will cost more money and time. This makes sense to me.  However, taking my little PPA and NDA to a 'Beretta' or a 'S&W', with a [I]team[/I] of lawyers, scares the heck out of me.  These companies have huge resources they could leverage to get around anything I could come up with myself, although the two IP Lawyers I showed it to thought I did a good job in writing up the application. The other thought was NOT taking it to a manufacturer and instead just submitting the proposal (without a great financial section) to the ARMY and see if they are just interested in the idea.  Despite the new functionality I developed, the manufacturing technology is totally conventional - nothing new or special required.  In other words, get a basic range quote and just say, 'if you like it, then I can get you firmer quotes'. (ARDEC promises an acknowledgement of receipt within 10 days, and a non-committing letter saying whether they are interested in speaking with me further within 90 days.) As to what ARDEC might say if they are interested in talking with me further is unknown.  From what I understand, they can offer certain kinds of assistance, including facilities, etc. But the reality is, I'm way out of my league here and I think if they are interested then my next goal is to go after a mega manufacturing partner and try to license the technology for them to develop and just send me a quarterly check. As far as exclusive, vs non-exclusive, or whether I try to come up with 2-3 different versions and then grant exclusive rights to develop a given model, I dont really know. I also am wondering if I should develop a prototype before approaching a manufacturer.  Normally I would think this might be a good idea, but right now I see this as being a big waste of money, since I doubt a Beretta would actually use any of my blueprints - they would just start from scratch with the concept. The last thought was to bring it to a smaller defense manufacturer and try to get them to take the project from concept to production, but one look at  the Heizer firearms (http://heizerfirearms.com) site shows you how messed up things can get before you ever even produce a single gun. Anyway, this is where I'm at today.  Any thoughts and feedback are welcome and appreciated.

  • Answer:

    I wish I could give you a step-by-step process to use to meet your objectives. But I cannot. I am, however, going to be attending the SHOT show in Vegas in mid-January. If you're unfamiliar with it, it is the largest annual gun show in America. Perhaps I can nose around there during my limited time to see if any of the large manufacturers might know the answer. Finally, I would also go take a look at these people: TrackingPoint: http://guardamerican.com/index.php/blog/49-ldpr/296-oh-capt-nick-this-just-in I know they will be at the SHOT show, and I intend to talk to them. I am sure they have some awareness of the very issues that concern you most.

Kirk Kelsen at Quora Visit the source

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Ok, patent applications are the least of your worries here.  You need a working prototype.  Ideas on paper will not help you unless you can find an established manufacturer to build it in exchange for probably a fair amount of the rights to the property. The big question is this: Is this a manual action, semi-automatic firearm or fully-automatic (machine gun) firearm? If it is manual or semi-auto, depending on your state of residence, you should be able to find a good machinist to help you build a prototype.  You are legally permitted to manufacture firearms for your personal use.  Specifically, the part YOU need to make here is the receiver or frame.  That is unless you are able to find an FFL07 (manufacturer) to build it for you and have it transferred to you under existing law.  Everything else you can contract out freely.  Start from a block of metal, find a machinist with a shop that you trust, get him/her to sign an NDA and have them teach you to work metal.  Then you build your prototype receiver and have them or anyone else get/make the rest of the parts. If what you are looking to build is an actual full-auto firearm, put bluntly, you're screwed.  You MUST find an FFL07+SOT to take on the job of building it for you or YOU have to become an FFL07+SOT.  You can certainly do it but do not turn or mill a single piece of metal until you get that worked out. A private individual lacking the necessary licenses to manufacture a machine gun can expect an extended stay in cramped conditions courtesy of the Federal government for attempting to do so even with benign purposes in mind. DO NOT DO IT!  Get help and legal guidance.  If you know nothing about making firearms (and it sounds like you really don't), I strongly advise you to partner up with a firearms company.  You mention going to one scares you.  That issue is no different than any other industry.  Find yourself an excellent corporate law attorney, get a solid NDA written up and start approaching them.  They have lawyers too and a good NDA protects everyone.  You have to know what IP you have in order to know how to protect it and be able to demonstrate if it was stolen. You'll also need the engineering support to make sure your paper idea has a chance of working in reality.  For example, if nothing else, I'd be using existing barrel designs rather than turn my own.  The more stuff you do from scratch, the more you'll need engineering help to make sure the design is safe.  It is easier to do that when using existing components off-the-shelf that have known parameters. FYI, you either have a design for a conventional Title I firearm or you have something that falls under the NFA Title II as a machine gun.  It is a machine gun or an assault rifle.  It is NOT an "assault weapon".  Please don't use that term.  It is a political term that has no basis in reality. I have a hard time figuring out what you could be trying to patent.  Most firearm action types and configurations are pretty well known at this point.  Unless you've come up with some unique feed mechanism, fire control, modularity, etc, you're up against some pretty stiff odds.  People may not like the M16/M4 but it is a well-known, well-established platform that has a lot of support and capability behind it.  Not an easy bar to beat given the inherent modularity and flexibiity of that platform. I strongly recommend you get a working prototype done.  Especially if the design is such that it can be safely built, legally speaking, in semi-auto form first with a new, different receiver for full-auto.  That would allow you to use the personal use law, provided all State and local laws are followed as well, to get something working and test out your idea while you work on an FFL07+SOT or partnering up with someone else.

Matt Pickering

Matt's answer is excellent here. I'd like to add the following: From the entrepreneurial side, I'd like to add that no firearms manufacturer will sign your NDA. Don't even bother. You will have to trust them -- their reputation is on the line if they try to screw you and, frankly, it'd be a lot cheaper for them to buy your idea than to risk a lawsuit for theft of intellectual property. So many entrepreneurs fear getting their ideas stolen by big companies but it just doesn't happen often. You're more at risk of idea theft if you venture outside to China or share your idea with "friends". Also, your question reflects a lot of self-doubt. Which is totally normal. But let me help you by providing one piece of advice: do not knock yourself for not being a firearms expert. Do two things instead: first, consider yourself an inventor and not an expert. Nobody needs YOU to be an expert. Second, and most importantly, either BECOME an expert or find a partner who is. This will satisfy those who you sell to or talk to. Good luck!

Dan Rudman

Don't bother with trying to get in with the military. Find a small to mid-size gun manufacture, and a good lawyer specializing in IP.

Chris Everett

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