China and Patents

[MakeMoreMoves]

My product is made for the same purpose as a chinese product I am seeing online. The thing is though, I am currently working on much better materials and design, but the overall concept of the product is the same as theirs. Searching patents online is no gurantee I will find the patent. I have been searching and can easily miss their patent based on searching. Any other way to guarantee I can make this product without any legal consequences?

When you guys have a product idea, how do you search your patents. The patent search is god awful in my opinion

 

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[Ultra Magnus]

The way to do this is to go see a patent lawyer who has access to patent databases and will check similar ideas for you, analyze them to see if they match, and give you a nice folder with his findings and a conclusion. You will pay in excess of 100$ per hour of their work, so make sure you give them specific instructions. Also, it is likely that the they will preface their opinion by saying that it's not legally guarnateed to be true, so that you won't be able to sue them if things go wrong.

Do note that patents are only valid in the countries that they're issued in, and you have to pay seperately for each. There are exceptions of course, such as the European Union, where you can get a patent that's valid in all the member states. So it might be that a product patented in China isn't patented in the US, etc.

 

[MakeMoreMoves]

The way to do this is to go see a patent lawyer who has access to patent databases and will check similar ideas for you, analyze them to see if they match, and give you a nice folder with his findings and a conclusion. You will pay in excess of 100$ per hour of their work, so make sure you give them specific instructions. Also, it is likely that the they will preface their opinion by saying that it's not legally guarnateed to be true, so that you won't be able to sue them if things go wrong.

Do note that patents are only valid in the countries that they're issued in, and you have to pay seperately for each. There are exceptions of course, such as the European Union, where you can get a patent that's valid in all the member states. So it might be that a product patented in China isn't patented in the US, etc.

Oh ok, really don't think my idea is worth patenting. I have manufacturer in China that will make it. Should I just make/sell and forget about the patent entirely. It is just my supplemental product anyways. Even if it does get patented by someone else, if I sell it before the patent am I immune to the patent?

 

[Vigilante]

Oh ok, really don't think my idea is worth patenting. I have manufacturer in China that will make it. Should I just make/sell and forget about the patent entirely. It is just my supplemental product anyways. Even if it does get patented by someone else, if I sell it before the patent am I immune to the patent?

No

 

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[Ultra Magnus]

@ABetterLifeNow, look up the terms "due dilligence" and "prior art" in the context of a visit to a patent lawyer. Really, the thing you need to ask yourself is whether it's worth it to pursue a business venture that can be shut down by a competitor because you're tailcoating on their patented idea. In my opinion it's not, and that's why it's advisable to do due dilligence before investing much.

On the other hand, the specifics of patent law are different in different countries, but another company would have a hard time patenting your product if you've been selling it for some time (they wouldn't be able to, that's prior art).

 

[LynnD5000]

My product is made for the same purpose as a chinese product I am seeing online. The thing is though, I am currently working on much better materials and design, but the overall concept of the product is the same as theirs. Searching patents online is no gurantee I will find the patent. I have been searching and can easily miss their patent based on searching. Any other way to guarantee I can make this product without any legal consequences?

When you guys have a product idea, how do you search your patents. The patent search is god awful in my opinion

If the product is being made in China you can bet there is money in it.

That being said - I would seriously consider investing your money and talking to a good patent attorney - they can tell you what you need to know.

If they make a mistake - they know how to cover your caboose - If you make a mistake on "do it yourself" searches and guesswork - who covers the caboose then?

IMHO - The question really isn't about the Chinese patent - per se - but about the "risk" exposure to you - from what you are saying it's a design change and that would be a design patent if you get one.

In the process of getting the design patent you will reference the Chinese patent (if the attorney finds it) as part of the process for applying for the patent.

There is always a chance that you can get the patent because your changes make it a "different" product - even though the use it the same.

The attorney will charge you for their time and the patent search - but the "knowing" where you really stand is priceless when it comes time make the decisions, business plan and meeting with investors - not to mention sleeping at night after the decision is make.

L

 

[spence_douglas]

You might want to try patent monk for a search
https://www.patentmonk.com/

Also, you can register for a provisional patent online for $130. This will give you perceived ownership. It's valid for 1 year. Then you will have to apply for a full patent if you really want to protect your idea. With a provisional patent you can say "patent pending". All of this advice is from Stephen Key's book "One simple idea". But the purpose is a little different than yours.


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[spence_douglas]

They also say first to market is just as important as patenting because their is so many knock offs and people can't be bothered to fight unless it is a killer idea. Usually easier just to create a new idea /Product.

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