What should you do If Someone Already Patented Your Idea?It hit you prefer a huge amount of bricks; the celebs aligned and also you had your eureka moment: you came up with an excellent break through to have a invention idea help! You threw together a prototype to find out if the thought would work, and it did! Then you definitely hopped on Google Patents and commenced searching to see if someone has patented your idea. You sorted through countless patents and finally found one that looks similar to your idea. Exactlty what can you do?!? Fortunately, there is a good deal that you can do and quite often you can still pursue your idea and succeed, even when another person has patented the concept.
First thing you want to do is examine carefully the patent and find out performs this patent really describe the same thing my idea does. If not, or not exactly, you will need to consult a patent lawyer to find out if you are able to patent surrounding this existing patent and get reasonable protection.
What if someone else patented your idea exactly? You want to determine in the event the strategy is available. Look online and stores to ascertain if you can find it. Otherwise, get in touch with the names or company on the patent. Ask them when they are selling their product or if they've got licensed their patent. 97% of patents never make anything, so there is really a good possibility they aren't selling or haven't licensed this product.
Before we go any further, we should speak about why 97% of patents never earn money. Large corporations make an application for and receive many patents they never intend to pursue or aren't certain they'll pursue, which is the reason thing about this 97%. There are also patent trolls who apply for patents to later sue others, that also is the reason point about this number. However the main reason that many patents don't earn money happens because it is difficult to take a product to promote. Inventors that do not try to find help can have a particularly problem since several inventors work great about discovering creative new means of doing things but you are really bad at running a business or learning how to create a sales network. So if a patented idea didn't make money, that doesn't suggest the thought is detrimental. Maybe the business behind the thought was run poorly or perhaps the product wasn't formulated and packaged in a way that would excite customers. This will be significant to keep in mind and there's great instance of this below.
Therefore the inventor or company placed in the patent says they're not selling the item no body else has licensed the thought, inform them that you could be thinking about licensing the thought from their store. Before you decide to accept anything, make sure you have done study. You must learn when the market opportunity is big enough to guide the merchandise and if men and women have the product is a good solution (if you'd like help with this, we could offer you Consulting or Invention Evaluations). If the product gets the potential, start licensing negotiations together. It's impossible to express within an article what terms to work out, as if the concept is practically prepared to bring to market, you will need to outlay cash more, in the event the idea is simply in some recoverable format, you ought to pay them back less.