What if my idea is already patented

Sure, you can save money by doing most of the work yourself, but you need an attorney to dig deep into the patent database. Therefore, you want to calculate the professional legal fees into your final search price as well. If you do eventually submit your patent application, you may also have to cover a government search fee too. Patent searches require diving through patent databases and scientific journals, along with other relevant papers.

However, you can reduce your work if you know what type of search you need. There are four different types of patent searches you can do, and each one has a specific purpose. If you need help dicing on which type of patent search you need, you can ask professional patent research to go through the databases for you. Despite what you may believe, all patented information is public and accessible by anyone.

In the United States, you can even read patent applications. Now, that does not mean that you can access all of it. The U. However, they will keep confidential any application that has a non-publication request or is under a government secrecy order.

Because the USPTO gives out patents for useful innovations, you can patent something that already exists, provided that your idea significantly updates the previous design or function. That means your idea must be completely novel and was never publicly disseminated before or obvious. Therefore, you can still patent your idea if your patent search finds a similar product. You just must make sure that your idea offers a new, never before considered, use for a product, device, or chemical compound.

Please note that these requirements are for any patent application, and not just for updates to previously existing products. Therefore, it is clear that an existing invention or creation cannot be patented because the invention is not the original or unique work of the person claiming to file the invention nor is it new.

Uniqueness of an invention is an important attribute necessary to patent a new product or technological process. It is conducted during the early stage of an innovation, i. The prior art search is a pre-requisite for filing a patent.

Inventors are not duty bound to conduct a prior art search. However, it is mostly recommended they conduct a prior art search before filing a patent application. It refers to detecting any similar information available in the public domain concerning a particular idea. The information sought may include bibliographic data about the inventor and patent applicant or patent holder, a description of the claimed invention and related developments in the field of technology, and a list of claims indicating the scope of patent protection sought by the applicant.

Patent holders have to disclose such information in order to prevent repetitive inventions and also for the continuous development of the technology. Prior art search prevents spending huge amounts of money, time and skill on researching and development of an existing idea.

Maybe he did, but it failed. This person might not know about licensing. Either way, this is a great opportunity for you to gain more insight into the product and the industry. Contact the patent holder to find out what happened. If you know how to license ideas, maybe you can help him. If you introduce yourself politely and with genuine curiosity, you will be surprised just how much people are willing to share with you.

Remember, you don't want to come across as threatening. Don't give him any reason to believe you are going to try to work around him. More likely than not, he will share with you why it isn't on the market. In my experience, it's most often because the inventor didn't have the money or the knowledge to start a business and doesn't understand licensing. If you think the product has the ability to be successful in the marketplace still, you could offer to license it from him.

Maybe he had prototypes made. Or even put production in place. If you understand licensing and he doesn't, you bring a lot of value to him. Have your lawyer draft up a very simple licensing agreement between you and the patent holder that gives you the right to reach out to companies. I recommend trying to bring a deal to the patent holder, having him sign it in his name, and then pay you part of the royalties he receives.

There are other ways to structure this kind of deal. But big picture-wise, the point is you have a certain amount of time and the exclusive right to reach out to potential licensees on his behalf. The moral of the story is, if you discover a patent or a product that is very similar to your concept, don't immediately give up. Keep in mind that while few ideas are totally original, you have to find out if your idea is different enough from other products already on the market to warrant a patent.

You can start the process by conducting a preliminary patent search on your own. When you finish, it is a good idea to hire a professional patent agent to conduct an in-depth patent search before you make an investment in time and money. Your idea may be totally new, or your invention may be an improvement on an existing concept or product. What to do when you have little money for your invention. This is true even if your invention is just a thought in your head or a rough sketch on the back of a napkin.

A patent is a property right granted to you by the federal government. When you are granted a patent for your idea, other people cannot make it, use it or sell it — for a limited time. You can apply for different types of patents , such as design patents, provisional patents, non-provisional patents and utility patents. When you apply for a patent , you have to explain how your idea is new. Before you take the next steps by designing your product, creating a prototype, finding a manufacture for you invention and making arrangements for distribution, find out if your idea is already out there.