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By Richard Gearhart
Founding Partner

Well, sort of, the race to the moon!  Way back in the last millennium the U.S. wanted to put a man on the moon.  And we did!  But, what to do when they got there?  Besides uttering memorable quotes and taking photos, the astronauts collected samples for the scientists back home.  The samples had to be drilled out of the moon’s surface, but where to plug in the drill?  Up until that time the cordless drill didn’t exist.  So Black and Decker’s designers were assigned the task of creating a cordless drill, starting with battery technology developed by GE.  The first moon drill was used in 1971 on the Apollo 15 mission.

In true entrepreneurial fashion, the leaders at Black and Decker wanted to expand the research to build new products, particularly consumer products that they could sell a lot of, so they experimented with a few different types of tools, but most of them didn’t catch on.  But.  There was one tool developed for use in a workshop, a multi tool with a ‘spot vac’ component.  The tool was soon appropriated for use in everyday small cleanups in the main house, and the light bulb went off!  The design team got to work inventing the Dustbuster®. 

It was such a good idea that they filed two patents on it, a design patent for the look of the vacuum, and a utility patent for the charging system.  Did they ever use their patents to keep out the competition?  Yes!  Before their design, vacuums were round with hoses.  Their design was meant to fit neatly in the kitchen and was original at the time.  The design patent, filed December 23, 1980, helped keep competitors off the market for 14 years; no one else could make a vacuum that looked like the Dustbuster® until the patent expired.  They filed a utility patent on September 30, 1980, for the storing and recharging system, so no one else could use that technology for a portable vacuum for 20 years.   

So why does this matter to you?  Black and Decker did a few things that entrepreneurs should do: they identified an unmet need and invented something to solve it, protected their inventions with intellectual property (patents and trademarks), expanded a technology into different product types and pivoted when an invention didn’t sell.  Some of their products were low sellers; one thing they may have done better was to run focus groups to test the market before they developed products the consumer didn’t want.

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.