Patent and Invention Help Forum

Whether to patent or not

THabo

Whether to patent or not
« on: January 14, 2015, 03:44:40 PM »
Hi, I would like to find out if I need to patent existing product, with different or unique designs.
Example, if I want to produce my own handset/cellphone, with my own designs, is it necessary to patent? If not, wouldnt I be sued by someone who first came with an idea since my idea is not new but the designs?

Brad

  • Patent Agent
  • *****
  • 1892
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Whether to patent or not
« Reply #1 on: January 14, 2015, 04:27:49 PM »
Hi,

It is never "necessary" or "required" to patent and even if you get your own patent allowed, there is no guarantee you would not get sued from another company who has a similar product.  The choice to patent should be a business decision and the goal of getting your own patent is usually to stop others from copying you.  I wrote a post on this here: 
https://patentfile.org/you-have-a-patent-so-what/


Also, if your product is only unique or different because of its look or design, you should be looking into filing a "design patent".   You can read more about design patents here:
http://en.wikipedia.org/wiki/Design_patent

or

https://www.youtube.com/watch?v=WZREm0_THVg
(not my video)
My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: Whether to patent or not
« Reply #2 on: February 09, 2015, 02:02:37 AM »
It’s always preferable to get a patent for your ideas if the ideas are novel and industrially useful. A patent will not only serve as a protection for your product/idea but will also be an intellectual  property  asset.  The  patent  owner  can  generate  revenue  in  many  ways  for example, by licensing the right to another party, by selling the patents, by selling product at higher prices, generating revenue by suing infringing parties, etc.

But it should also be noted that the patents are not self enforceable. In other words, if you have a patent, it does not guarantee that others will not copy your idea. It’s up to the patent owner to enforce the patent.Therefore, the choice to have a patent or not depends upon the business entity / individual itself.  But it’s always recommended to protect your ideas by having the patents, even if you are an individual, a start up or a big company, as it can help you in many ways to generate revenue.