What if I find a product like mine already out there?

Just because there is another patent that turns up in a patent search that is similar to yours, does NOT mean that you cannot get a patent on it.  So many, many people have the misconception that in order to get a patent there has to be nothing else like their idea in all of existence!  Quite the opposite, in fact.  Having a patent means that you or the company or manufacturer to whom you sell or license your patent have the legal right to do commerce with that idea.  Having a strong patent means that your competition is less likely to put out a product that is just like yours;  the better your patent, the more protection you have.  For example, there are over 400 patents on variations of the Frisbee.  When you buy a crescent wrench, how many different ones are there to choose from?  And how many new twists on the toothbrush have you seen in your life?  These all have their own patents.  Finding the legal significant difference between products is the purpose of a patent search, not to prove that it’s never been done, ever.  Improvements on existing ideas make up the bulk of new inventions.   This is why it is extremely important to know what the patenting process entails – we educate our clients on what we do and why.

 

All of our patent searches are done through registered patent attorneys, not through online searches.  The benefit of having a professional do the search is that the professional knows where to look, in which sub categories to search, and what is truly relevant to each case.  Having a list of patents that have been granted on a similar basis serves to HELP your case with the USPTO.  Obtaining patent protection isn’t just filling out some forms and paperwork.  Your case has to be presented to the USPTO to satisfy why they should grant you a patent.  The rejection/resubmission process that patent attorneys are registered to execute is what is known as patent prosecution.  It’s a lot more complicated that filling out a job application.