What should you do If a person Already Patented Your Idea?

It hit you like a ton of bricks; the celebs aligned and also you had your eureka moment: you came up with an excellent break through for a invention companies! You threw together a prototype to ascertain if the idea works, plus it did! Then you hopped on the search engines Patents and started searching to see if someone has patented your idea. You sorted through countless patents and lastly found the one that looks a lot like your idea. What else could you do?!? Fortunately, there exists a whole lot you can do and frequently you could still pursue your idea and succeed, even though someone else has patented the idea.




The first thing you want to do is look carefully at the patent and find out performs this patent really describe exactly the same thing my idea does. Otherwise, or otherwise exactly, you will need to consult a patent lawyer to find out if you can patent around this existing patent and still have reasonable protection.

But what if someone else patented your idea exactly? You would like to verify when the method is available. Check the internet and stores to see if you can find it. Or even, get in touch with what they are called or company on the patent. Ask them if they are selling their product or if perhaps they've licensed their patent. 97% of patents never make any money, so there is truly a pretty good possibility they aren't selling or haven't licensed this product.

Before we go further, we ought to talk about why 97% of patents never generate income. Large corporations make an application for and receive many patents they never intend to pursue or aren't certain that they'll pursue, which makes up about part of this 97%. Additionally, there are patent trolls who submit an application for patents to later sue others, this is the reason part of this number. Nevertheless the main reason that a lot of patents don't earn money is because it is difficult to create something to market. Inventors that do not try to find help may have an especially difficult time since several inventors work great about coming up with creative new methods for doing things but they are really bad at in operation or understanding how to set up a sales network. Therefore if a patented idea didn't earn money, that will not indicate the idea is bad. Maybe the business behind the idea was run poorly or even the product wasn't formulated and packaged in a manner that would excite customers. This is very important to remember and there is a great example of this below.

So if the inventor or company listed in the patent says they aren't selling the product and no one else has licensed the idea, tell them that you may be interested in licensing the idea from them. Prior to deciding to consent to anything, ensure you have inked your research. You must understand when the market opportunity is big enough to support the product of course, if men and women have the method is a good solution (if you need assistance with this, we could offer you Consulting or Invention Evaluations). If the product has the potential, start licensing negotiations using them. It's impossible to state in an article what terms to exercise, if the idea is practically prepared to provide market, you will need to pay them back more, when the idea is just in some recoverable format, you need to pay them less.

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