Invention Ideas -Inventor’s Initial Questions- Part 2

Inventor’s question after locating a similar product to their invention ideas and such is already for sale in the US.

Background:

Inventor comes up with invention ideas and contacts a patent attorney all excited about their ideas invention and believe it will be well received in the market (i.e., millions of people will need or want my product = emotion).  Patent attorney spends 15 minutes on the Internet and finds almost the exact product already for sale.  Patent attorney sends a scanned copy of the product found in an industry magazine to colleague.

Inventor’s response in ALL CAPS:

HMMMMMMM   I TOOK A LOOK AT WHAT YOU SENT AND I FELT LIKE VOMITING. WELL THAT’S KIND OF WHAT I WANTED TO DEVELOP SOMETHING ALONG THAT LINE. IS IT POSSIBLE IT IS NOT PATENTED IN THE U.S? I DID A SEARCH AND CAME UP WITH NOTHING.

Patent Attorney Answer: If an idea invention or product is known or publicly used or made in the US by others before you the inventor then you the inventor and anyone else cannot file for a patent claiming the known product.

Inventor’s response in ALL CAPS: I HOPE WE STILL HAVE SOMETHING TO MARKET AND PATENT.

Patent Attorney Answer: Do not assume that you can market a product more effectively than the big boys unless you have actually marketed products in the past.  Plus marketing is expensive!

Inventor’s response in ALL CAPS: I DID A SEARCH AND CAME UP WITH NOTHING. WELL I GUESS THE NEXT QUESTION IS DO YOU THINK WE HAVE A SHOT AT DOING SOMETHING.

Patent Attorney Answer: If the product is covered by a US patent then the patent holder has the sole right to make, use and sell in the US. My advice is to 1) think about engaging a patent attorney to perform a professional patent search and opinion to see if the product is covered by a patent.

Invention Ideas -Inventor’s Initial Questions- Part 2

Remember the Inventor Start Kit provides you with a procedure to step each of your inventions through to evaluate the protectability (patent screening) and marketability (similar product research) of your invention and much more. Every Inventor must have a procedure in place to evaluate their inventions.