Thread: Is my product patentable?

I am a paralegal, licensed in Minnesota, and required to tell you that this is NOT legal advice, and that you should seek the advice of a patent attorney to address your specific question. You will get a variety of opinions online, some or all of which may be correct or incorrect. You can't get a definitive answer to your question from anybody other than the USPTO.

You CAN file for a provisional patent. See http://www.uspto.gov/patents/resourc...es/provapp.jsp

You could get that done without an attorney while you work on this further.
http://www.legalzoom.com/sem/provisi...FSwDQAodGgjvzA

You then can start using the Patent Pending designation (immediately when you file.)

However, if you wanted my personal opinion, you will NOT get a patent on this item. It already exists.

Thanks for the opinions and help. We have not found a product designed like ours, there are some cheap versions of semi-similar products but ours is unique in design. Are you suggesting a patent for this already exists so we wont be able to manufacture our product? Or the product idea has already been created so we won't be able to patent it?

I haven't researched patents for you. I am, however, aware from your previous posts of a similar product to yours that is already on the market. In some cases, that is all that it takes to get your patent application denied. Don't let that stop you --- don't throw in the towel. Let the USPTO sort it out.

You want to know if an existing patent exists as much to protect you --- as to protect your product. If someone else has a patent and you violate it... that to me in your situation would be at least an equal concern than whether or not you can patent yours. If you can't research patents find someone that can. There are cheap online research services that will do this for you. Again, the ONLY one that can make a definitive decision (other than an OPINION) on this is the USPTO. Even the service you might hire to research this for you... can only give you their opinion based on their research.

In most countries, if two people independently make the same invention, the first one to file a patent application gets the patent. The USA has a "first-to-invent" system, in which the first inventor gets the patent even if he filed an application later. It is quite difficult to prove earlier inventorship though, but in the case of your competitors it might not be difficult as their product is already sold at retail.

Getting a patent takes time and money. Enforcing a patent infringement takes more time, and much more money.

If I didn't have money, here's what I would do :
1. figure out if you are infringing on anyone else's patents by marketing your products. If not, proceed to get some sales.
2. either now, or when you have a little money, file yourself for a provisional patent and start using patent pending designation on your web site, your packaging, and your branding.
3. spend the next year seeing if you have a real business before you worry about protecting something that may or may not be protectable, and may or may not be viable. If you have a real business to defend, than the next steps will be logical at that time.

Focus on your plans to create scale in your business.

Check out
Nolo's Inventors' Bundle - Law Books, Legal Forms & Software - Nolo

Note that these are just MY opinions, not legal advice.

Vigilante is right. File a provisional. It's cheap and will protect you from the time being.

There's still a chance you might be able to get a design patent instead of a utility patent. The problem with getting a utility patent is when the controller was originally designed, it was probably written so broad that it covered most attempts to redesign the controller.

With a design patent, you can protect the exact design of your controller. This might be worth something to you.

For now, provisional is the way to go.