What if a patent already exists

Before you can profit from your invention, there are several steps to take to get the right kind of protection you need. Find out how you file a patent application, whether you need a lawyer or can do it yourself, and what it means to have a patent pending. A patent which grants ownership of an invention, but it won't pay you. There are a few ways you can generate a profit from your idea. How do you know when your idea is just an idea, as opposed to an idea that you could patent and put to profitable use?

Starting a Business. As a business owner, you have many options for paying yourself, but each comes with tax implications. Utility patents are among the valuable assets in the world. Unlike other forms of intellectual property protection, they have numerous formal requirements and can be very expensive to get.

For new inventors, pursuing a utility patent can be daunting. If, however, you take it one step at a time, you too can receive an issued patent for your invention. Draw them yourself or hire a professional: getting the best patent drawings requires a bit of both. Before a draftsmen pens the straight lines and neat numbering, your drawings have to explain your invention in a way you understand.

Find out more about how to get great patent drawings. How do you know if a patent already exists? Resources Intellectual Property Patents How do you know if a patent already exists?

Searching is Easier than Ever To search patents you need a patent database. Know What You are Looking For To conduct a patent search you have to know what makes your invention novel? Near Misses and Direct Hits You finish your search and find no one else has patented your invention. About the Author Joe Runge, Esq. Related Topics. Facebook Twitter. This portion of the site is for informational purposes only.

Can you design around it? Does it encompass manufacturing methods? Is your idea really exactly alike, or just similar? Where is it being sold? Who is doing the selling? If after reading the prior art closely, you determine there's no way to work around it, you still have options. You can walk away, of course.

But you could also contact the patent holder to discuss his product with him. The reality is, his distribution isn't great. He's selling, but he's only selling online. Order his product before contacting him to strike up a conversation. Then put him at ease by complimenting him on it.

I recommend something like, "I'm a product developer and also a consumer. I bought your product and love it. When he thanks you, tell him you've noticed you can only buy the product online. Why is that so? Is the product selling well? You think it should be selling everywhere! Maybe he has a full-time job. A product's function or design that has features considered public domain isn't strong enough to obtain a patent.

Adding a category-changing innovation to the design could get you a patent. For example, a ballpoint pen that heats itself when the ink gets cold. It is still a pen, but there is a novel redesign. Patents on product improvements are done all the time, and it is up to the inventor to demonstrate that their idea is actually different, has not been "created," and is unique and unexpected. There are almost 50, patent results on Google Patents for "bottle openers.

Subsequent patents just have to modify the idea in a "non-obvious" way. Distinguishing between merchandise and innovations is central to understanding patent regulation. If you are in the Washington, D. Patent and Trademark Office USPTO provides public access to collections of patents, trademarks, and other documents at its search facilities located in Alexandria, Virginia.

You may also wish to consider contacting an attorney specializing in patent law or a patent search firm.