I have an idea that is kind of similar to something already out on the market, but has a couple of significant differences. I was wondering:
When an idea/product is patented, how different does another idea have to be in order to not infringe (legally) upon the existing patent? (Did that make sense?)
As I mentioned earlier, the product kind of already exists, but I have several significant differences in the product in my head.
Any kind of input would be greatly appreciated. I have already done a search in the forums for “patent” and have gathered info from several of the results.
LilShieste
Warning: do not under any circumstance divulge details of your invention on SDMB or on any other public medium. If you do, the invention has become part of the public domain and will never get patented.
Given that, unfortunately, no one on this board can help you. To be patentable, an invention must have novelty, the differences with what existed before must be sufficiently inventive (i.e. non-evident for an expert in the field). Whether that is the case necessitates someone to look at your invention, which cannot be done here and is the work for specialists. Only a patent attorney can help you, so if you really want to spend the money to possibly go through with it, I strongly suggest you go see one.
FTR I’m not a patent attorney, I don’t know patent attorneys, and I haven’t specialized in patents. I’m not your lawyer and you are not my client.
Thanks for your comments, Tusculan. I am planning on contacting a patent attorney sometime in the future (i.e. when I acquire some more resources). I guess I will just wait until I speak with a lawyer to get an answer to my question.
Thanks,
LilShieste
You can do plenty by yourself if you want. In fact, depending on your intentions, that may be best. But first you need to step back and figure out why you want a patent and what you intend to do with it.
The fact is that a patent rarely makes you money in itself. You get the patent to protect yourself against others, as a contingency. You don’t typically get a patent and then go try to sell it.
So, is your idea something you could build a business around? Is that something you intend to do? If so, go build the business first, and along the way get a patent. The patent will add value to the business if/when you sell it, and could protect you from competitors.
A patent attorney can be expensive; a patent can cost $30k.
I’ve set up patent programs at a few companies, have about a dozen patents and have worked with many patent attorneys. If you’re interested, I can give you details of the process or recommend attorneys.