Even though it can sometimes seem that the answer to everything is online—sometimes those answers are not correct. As any number of would-be inventors have found out, sometimes to their detriment. This doesn’t mean that you can’t, or shouldn’t, seek out information wherever you can; just be sure to double check what you think you know against what a professional or lawyer actually does know.
Here are a few of the main reasons new inventors sometimes run into trouble:
1. The Inventor Did Not Conduct a Professional Patent Search
A good, thorough patent search is almost always the province of professionals. Motivated individuals can, of course, start the process of patent searching, but there will always be avenues available primarily to those whose business is searching not only in the well-known places, but also in the little nooks and crannies where the patent you are looking for is likely to be found.
2. … Or Even a Good Internet Search
Not only is it a good idea for inventors to search for patents online, it’s also very good practice to search for similar products to yours. In fact, it’s a necessity. Don’t assume that, just because you’ve not found a patent pending for your particular invention, that it hasn’t already been invented. And made. And is being sold. Be thorough in your initial searches, then make sure to consult a professional patent researcher before filing.
3. The Inventor Sold The Product Before Patenting It
You can invent a product, and even sell it before patenting it in the U.S – but you need to pay attention to time. Under United States law, once you’ve put your product on the market and begin selling it, you have 12 months before you need to secure your patent. After that—it’s anyone’s game.
4. The Inventor Prematurely Used it in Public
The same rules apply to using your invention in a public setting. You must file your U.S patent within that 12 month period. Be aware, though, that outside the U.S the rules are different, so you may need to act a lot more quickly to secure foreign rights for your invention. Be careful, be thorough, consult professionals and pay attention to the rules and you’ll be able to secure your invention and enjoy the benefits.
Post Date: August 19, 2013
