Gettinga Patent on an Existing Product

[Biomech]

I've been looking at some bits and pieces.
Would I be correct in saying that I cannot get a patent on a piece of custom designed equipment that I have owned for 2 years? (and has been out in the public domain)

2 years ago I had some equipment custom made, primarily a frame to hold some equipment while in use by the public. My unit was the first of it's kind. I would like to see what kind of protection I can get on the design.

As always, any input is gratefully appreciated.

 

[cjd]

As you've used the words 'public domain', I'm guessing that you already know that the answer is no

 

[Biomech]

Yeah that's what I was guessing - the product is already out there.

Do you know of any way to protect the design? Do you think filing a copyright on the design would be worth while?

 

[Paul_Rosser]

Yeah that's what I was guessing - the product is already out there.

Do you know of any way to protect the design? Do you think filing a copyright on the design would be worth while?

Depends on how easy it would be for someone to make some changes to the design but still end up with the same end product.

Probably worth speaking to a firm who deals with patents and trademarks to see what they think, weirdly I met with one today to discuss R&D tax relief so if you want their details let me know.

 

[cjd]

As above^^^

Without knowing what your product is, it's hard to say, but it does seem extremely unlikely.

Copyright would only protect your drawings of the design - the physical invention requires the patent.

But if it's important, do get proper advice.

 

[Mosschops]

This issue, boils down to this:

People could copy the products which are in the public domain.

Even if you then patent 'it' - those would not be covered.

Businesses which expect to be in that position would normally apply for a patent prior to launch, simply in order to put the words 'patent pending' on the products.

I know you already have this answer - but thought the clarification might be worthwhile nonetheless.


In order to patent now - you will have to add something unique (and un-missable) from the existing design.

Do note that a good proportion of patents are ultimately breakable - a lot these days get discontinued (or whatever the word is) in a court of law, if they turn out to have been incorrectly granted in the first place.

Not having patent protection means that you are going to have to be stricter and meaner than you would have been without it. Which also means that actually, you ought to end up being more competitive...

 

[Paul_Rosser]

You also have the other angle thay with the new tax laws coming in this April around patents that a lot of companies will be looking to file patents just as a way to get their corporation tax bills down.

 

[David Warrilow]

I've been looking at some bits and pieces.
Would I be correct in saying that I cannot get a patent on a piece of custom designed equipment that I have owned for 2 years? (and has been out in the public domain)

2 years ago I had some equipment custom made, primarily a frame to hold some equipment while in use by the public. My unit was the first of it's kind. I would like to see what kind of protection I can get on the design.

As always, any input is gratefully appreciated.

As a patent attorney, I think a couple of points need to be clarified.

You say it has been in the public domain. What do you mean by this?

Has someone been free in law and equity to inspect the deivce and thereby understand how the invention works?

If so then the invention could be considered to have been non-confidentially disclosed.

If not then you still might be able to obtain valid patent protection.

There are two main requirements for patentability, and the first of these is 'novelty' in that the invention has not been non-confidentially disclosed. This is why everyone says you have to keep your invention secret until you file a patent application.

In order for any disclosure to be novelty-destroying it must be 'enabling' in the sense that a person witnessing the disclosure can understand the invention.

So if I go into public with a black box and press a button which beams me to a location a distance away and nobody witnessing that unerstands how the black box workd I have not disclosed the invention.

Thus, to answer your question it is imperative to understand whether or not your use of the product in the public domain meant that anyone could understand what the invention was - i.e. was the disclosure enabling?

Further when was the product first shown to the public? I note you sayt it was designed two years ago, but when was it first shown in public? Even if the disclosure were novelty-destroying then if it was within the last twelve months you may still be able to obtain valid patent protection in the US and valid design protection in the US, UK and EU.

If you would like to discuss matters feel free to pm me.

David