Complaint Review:
Quirky
Quirky Quirky.com You will lose your invention, you will not retain the rights to your invention Internet, Internet
Is there something quirky about Quirky, Inc.?
CNNs program The Next List, profiled a product development company called, Quirky, Inc. The CEO and Founder, Ben Kaufman, made a statement that his company does not take an inventors idea until Quirky, Inc. decides to commercialize the product. Certainly he could not mean that the company actually takes ownership of the idea. But a check of their websites confirms it - YES they actually take an assignment of all IP rights in the submitted idea. The text from their FAQ section states it plainly:
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What happens to intellectual property when I submit an idea to Quirky for consideration?
By submitting your idea to Quirky, you grant a license in all IP in the submission to Quirky and the Quirky community of users to consider and comment on your submission within the Quirky platform. If Quirky accepts your submission for
further development and possibly eventual commercialization, you assign ownership in all IP in the submission to Quirky.
Later in the program, Mr. Kaufman explained how under their process an idea is placed on their website where numerous individuals may comment upon the product and influence its development. If the product is commercialized, not only
does the initial idea submitter participate in the revenues, but all members who influenced the idea. The program
highlighted one individual who stated his name was on a patent. Again looking at their website, this product is
featured, it identified the inventor and states over 800 others have influenced the products development. While this is
interesting, it poses a question of whether all 800+ individuals are named inventors on the patent. The USPTOs FAQ section on Patents states the following:
5. If two or more persons work together to make an invention, to whom will the patent be granted?
A. If each had a share in the ideas forming the invention as defined in the claims even if only as to one claim, they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions
in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his/her name alone.
While it is true that developing a new product on your own can be difficult, it may be worthwhile to learn the details of the type of help that is being offered before accepting such help.
5 Updates & Rebuttals
Al Bundy
Alabama,USA
This Article is not Entirely Truthful
#6General Comment
Wed, August 31, 2016
The reason they get most of the money and rights to your product is because they do all the work besides thinking of the invention. The fact that you get 30% of what you earn is quite generous. The author of this article did not do suffecient research.
resistivism
Los Angeles,California,
USA
Did you even check Quirky out?
#6Consumer Comment
Fri, July 31, 2015
This "report" reads like the back page of the National Enquirer,is this how your site works?file fraudulent reports about legitimate companies so you can collect user data when they file a rebuttal?,I notice you asked for enough private info from me when I signed up here,by the way I had to untick 6 different boxes to try not to get on any of your corporate mailing lists,please don't ignore than and pass my info on anyway.
As far as Quirky goes,I use the site and have submitted several inventions(You can find me there listed as "Mike Ryan"check me out :-),because I actually did my research,Quirky has always been above board,and I have never seen anything to suggest Ben Kaufman is anything other than above board,honest and realistic.
1.) On submission of an idea Quirky takes IP of an invention(once it passes eval,most don't).
2.) Quirky take 20% of the NET profit from your stake if it get's made(few do)
3.)Members of the community who contribute to making your idea profitable also get a percentage of the profit,a figure YOU decide in advance of recieving their help.
4.)If at any point your idea doesn't cut it and is dropped(many are),full IP ownership reverts back to you and you can do as you like.
To anyone reading this "report",do yourself a fovour and check out THIS website before taking anything it says as legitimate reporting,sites like this profit from taking money from companies to have "reports" removed,therefore a less scrupulous company will not appear on it's pages as they will pay to keep doing business,real companies (like Quirky,and their partners GE) don't involve themselves with trash like this.The simple rule is before you place any trust in a company do your research,especially if that company happens to be these click whores.
JB
rumson,New Jersey,
Invention submitted
#6Consumer Comment
Thu, March 27, 2014
I just submitted by life's invention to Quirky, now I am reading this. Did I just make a huge dumb mistake? If so, what can I do now, I trusted them with my idea. I didn't expect them to build the product for me, but I didn't think they'd steal it for themselves. I saw them on CBS this morning, felt them of good character, and CBS endorsed their service. Now I am scared to death. I'd hate to see Sully Sullivan hawking my invention a year from now for someone else.
j.y.
port saint lucie,Florida,
Quirky
#6Consumer Comment
Sun, December 22, 2013
What the idiot that published that report fails to realize is, any company you license to that pays for or takes over IP, is listed as the assignee. They own your IP but you profit from it, just by signing it over. I know of no company that will take your idea, develop it, manufacture it, sell it, account for it and let you own the IP.
Its common practice in our industry to assign over your IP. Quirky does it, Edison Nation does it, Lifetime brands does it, etc..
Also I saw nothing in that report that anyone was ripped off, it looked more like an ax to grind with absolute no merit or value. It is nothing Quirky hides, its up front in the users agreement for anyone with the common sense of a Billy goat to read and understand.
One was ripped off in that report !
Adam Ellsworth
Gaithersburg,Maryland,
United States of America
Who is the "Inventor"?
#6General Comment
Sat, February 23, 2013
This is not so much a rebuttal as an answer to your question regarding who the inventor is.
It looks like Quirky.com requires that inventors submit their ideas before everyone comments. The submitter would be the only inventor of the idea. Changes to style or form would generally not be patentable, and would probably not be described in a patent. Most, if not all, commenters would make suggestions that fall in this category. The only time a commenter would be an inventor is if they suggested a novel change to the operation or structure that was later recited in claims of a patent.
So you'd never have 800 inventors, as you suggest. At most, only two or three people would likely suggest the type of features that may be included in a patent.