My answer . . . yes, it will. And it’s way too easy.

Now that you know that your product will be copied, how do you best protect your product from copycats?Conventional wisdom says you should get a patent. But as I’ve mentioned before, patents are only useful for blockbuster mass market products and licensing deals.

Your question should be, “How do I protect my non-patented invention?”

Actually, it’s less about your product, and more about the way you make, deliver, improve, and stand by your product . . . i.e. the business you’ve created around your product. It’s easy to copy your product, and factories in China are more than willing to do so. However, they can’t copy your business. They can’t copy the way you interact with customers. They can’t copy your distribution channels. They can’t copy your brand and reputation. They can’t copy your energy and ambition. They can’t copy your SEO skills (especially since their Engrish is poor).

So, yes, you can differentiate yourself with your product. But to protect your product, profit margins, and livelihood, you need to build a business around the product that CAN’T be replicated.

This is what Coke has done. This is what Crest Toothpaste has done. If you look in your pantry or bathroom, this is what most consumer goods manufacturers have done. They’ve built a product-based business that can’t be replicated.

Following the lead of these successful businesses, my company, Webko, has built a successful business around the Headset Buddy, and because of it, we are #1 in most of our markets.

In his blog earlier this week, Cuban announced a concept he called “open source funding.” The idea, aside from investment stimulus for businesses, is the sharing of lean and profitable business plans. The only way one can hope to qualify for investment is to meet all of Mr. Cuban’s criteria, including posting your business plan publicly for review.

Of course, there are some dissenters who complain about the criteria but hey, when you’re giving away money, you have to make some rules. There’s also the general ruckus about stealing ideas but that’s also part of the reason for the public posting – “sharing” ideas. If someone else has the means to start a business using your idea, that’s another new business start-up. The idea is to get more Americans into business.

However, a by-product of this open air discussion and sharing of ideas on the internet is the dozens of other potential investors jumping into the arena, posting on the blog, offering additional backing, and taking notice of the flow of ideas. Whether it’s for the chance to do business with the Dallas Maverick’s owner, or the for a share of the spotlight, the end result is that the gauntlet has been thrown for these big money moguls to re-invest in American know-how.

It’s time to check your patents and dust off your spreadsheet.

If Your Estimates Are Guesstimates

Underestimating what it takes to sustain a business can be a fatal flaw in an otherwise perfect business plan. Patricia Schaefer, writing for the web site Business Knowhow, is among those who rate insufficient capital very highly as a major cause of venture failure. “Business owners underestimate how much money is needed and they are forced to close before they even have had a fair chance to succeed. They also may have an unrealistic expectation of incoming revenues from sales.”

Notice the second half of Patricia’s statement – inexperience can cause the new business owner to not only misjudge what kind of funding is required to actually keep a business afloat long enough to become established, but because they don’t have adequate experience, planned revenues are often over-estimated and dependent on too many uncontrollable factors. If you don’t allow enough of a cushion, the business itself may barely have a chance to get started before a funding squeeze forces a closure.

Consulting with a professional accountant, banker, small business mentor or other individual experienced in your line of business may help you recognize where you might be erring in your estimates one way or the other.

Don’t Be Bashful

According Brad Sugars of Entrepreneur.com, “In a 2004 U.S. Bank study of reasons for small business failures, 79 percent cited “starting out with too little money” as one of the causes of their collapse. That’s often because entrepreneurs who are wet behind the ears don’t realize that they should calculate their borrowing needs based on their worst-case scenario instead of their best-case forecast.”

Our natural inclination is put our best foot forward. No one wants to walk into a meeting and throw down a spreadsheet with horrible numbers, but that’s what a worst-case scenario forecast is. You, of all people, want your business to succeed, but you owe it to yourself and your potential investors to think about the unthinkable and make sure your funding request covers it. What if you lose your key man -does your funding allow for carrying key-man insurance? What if your design computers get hit with the worst virus known to man – does your funding allow for the maintenance of complete off-site backups of sensitive data? What if your market sector suffers a setback – a recall, a class-action suit or something similar that doesn’t involve you directly but affects how consumers view your product. Do you have enough of a cushion to be able to sustain your business operations until the industry recovers?

Remember that the people funding new business ventures want them to succeed. Don’t shortchange yourself by asking for just enough funding to get by – make solid estimates for what it will take to get your business established and self-sustaining. The best way to impress your investors is to plan and execute well enough to generate a return.

Cover Sheet

a) Mission
b) Long Term Vision
c) Short Term Vision
d) Description of Services
e) Marketing Plan – who are your customers and why do they want your product/service
f) Marketing Strategy & Execution
g) Competitive Landscape
h) Market Research
i) Go-to-Market Execution Plan
j) Management Team & Personnel
k) Financials for 3-5 Years
l) Executive Summary – do this last but put it first

The earlier you are in your business, the more important are your vision and strategy. As you mature, your execution strategy will become more important than anything else.

Some investors will also look for other documents including: capitalization tables, detailed financial projections, breakeven analysis, balance sheet, marketing materials, inventory list, resumes, etc.

Whether or not you decide to bootstrap or get funding, thinking about these items ahead and during the startup will help put you on the right track.

- Bryan Daigle
President & Founder of ideatango.com – the #1 site for inventors & invention ideas For more good info & advice, check out the official IdeaTango Blog