Patent and Invention Help Forum

patentable idea in the product

patentable idea in the product
« on: June 14, 2020, 09:27:48 AM »
One of the ideas I have implemented is used in one of the our company's product.
It is one of the features of our product. Since it is part of the product, the feature has to be documented from the product perspective and can be seen by anyone else.
The idea is still under patent process. So, how to protect the idea in such cases.

In case my question is not clear, let me take an example.
As an example, let us say Apple has a unique way to design the camera interface.
Apple will, obviously, market this feature in its phone.
So, how does Apple protect the idea as so information has to be shared about the feature

Brad

  • Patent Agent
  • *****
  • 1899
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: patentable idea in the product
« Reply #1 on: June 14, 2020, 11:22:52 AM »
In that example Apple would have filed for a patent years before it hit the market so by the time people outside of Apple see this new feature they either already have a patent issued or they are very close to getting a patent issued.

In your case, if the product is already in the market it may be too late to file a patent.  If it was introduced in the market less than 12 months ago you may still be able to patent but in the USA only.

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: patentable idea in the product
« Reply #2 on: June 19, 2020, 03:20:51 PM »
In that example Apple would have filed for a patent years before it hit the market so by the time people outside of Apple see this new feature they either already have a patent issued or they are very close to getting a patent issued.

In your case, if the product is already in the market it may be too late to file a patent.  If it was introduced in the market less than 12 months ago you may still be able to patent but in the USA only.

Brad,

In my field of work I have seen many patent ideas being created during the course of the project.
This is normally the case as most of the ideas are created in order to solve real issues encountered during the project execution. However, it rarely happens that the product waits for the patents to enter a safe period.
How do you think companies manage?
Do they not reveal the ideas used in the product? or
they release the product but dont expose the idea?

Thanks

Brad

  • Patent Agent
  • *****
  • 1899
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: patentable idea in the product
« Reply #3 on: June 28, 2020, 03:15:08 PM »
Yes I agree it does not usually make sense to wait for the patent to be granted.   I suspect companies like Apple have a policy that all inventions have to be disclosed at the time they are created.  If warranted a patent may be filed and the product may move forward to market.   If a patent is not granted before the product release date I doubt they slow that down and instead just wait and hope the patents will eventually get approved.

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.