Existing Patents and My Idea...

[nevynev]

Hi there,

I've had this invention/product mulling over in my head for a few months. I've just searched a patent site and found that someone in the US has a patent for a VERY similar idea back in 2003. As far as I can see (have searched pretty well) neither he or anyone else has (or had) actually got the product into production. I'm keen on doing so (it's a relatively cheap product that I'd expect to retail at around £15).

Where do I stand with the existing patent?
I do not know much about it all - I'm just finishing uni but have pretty good business brains/logic (self employed web designer etc) but almost no knowledge of intellectual property etc.

Any advice is much appreciated.
Many Thanks
NevyNev

 

[arekestall]

I have a similiar situation with an idea I had. It has been patented online in both US and India, nothing has happened with it as far as I can see.

Similar to you I have little understanding of intellectual property so would be interested to hear responses.

My idea is a cheaper and more environmentally friendly product than what is on the market at the moment. However, would suppliers of the product reject the proposal on the basis of lower margins?

In creating a new product, are you best off manufacturing it yourself, or getting CAD drawings done and pitching it to existing manufacturers? I hope my vague questions make sense!

 

[MartCactus]

If someone else has a patent on the idea then you'd need to license it from them in order to produce the item. Just because you didn't copy their idea doesn't mean the patent doesn't apply to you - in this respect a patent is different from copyright (there are many other differences too).

However, it may be that their patent can be differentiated from yours. If your idea is slightly different it may come outside the remit of the patent you've found online, especially if it had been drafted by someone who wasn't a professional patent agent (such professionals will try to draft the patent as wide as possible to prevent people making minor changes to get around the patent).

Even if a patent has been granted it can be challenged under several grounds including
- the idea was in the public domain already
- that the idea was obvious
- that it relates to something that can't be patented, eg historically mathematical formulae and algorithms for computers couldn't be patented in the UK but there are increasing exceptions.

Of course, this could all get very expensive - challenging existing patents. Also worth considering why the patent holder isn't producing the item - perhaps it won't sell quite as easily as you think?