Many times when I am consulting with inventors, and I inform them of the costs (patent search, United States Patent Office filing fees and legal fees) associated with filing a patent application, I have to field the question regarding whether or not they need a patent, and shouldn’t they just sell their invention without a patent. That would be fantastic and, technically, it is possible. You have to understand, however, that a United States Patent provides the owner a right to exclude others from making, using, selling or offering to sell the invention.
The next thing that the Samsung executive asks you about is your intellectual property patent protection. You tell them that you have none, but that you want to sell them your invention. You are then (more than likely) summarily bounced out of the Samsung office. Why? You have nothing to sell. If Samsung were to pay you, how can they stop Apple from doing the same exact thing? Without a patent, there is no way for Samsung to stop Apple from just opening up one of the Samsung smartphones, seeing your invention and completely copying it. That is the value of the patent. If you had a patent, you would be selling Samsung the ability to not only get more market share by offering a superior product, but you will also be offering them the ability to prevent Apple from doing the same thing. If you were selling Samsung your patent, then the only way for Apple to get into the game is to either design around the patent, or to pay Samsung to get into the game.
Therefore, protecting your invention is key if you want to try to profit from it. For more information, please feel free to contact me, or connect with me on Facebook, Twitter or LinkedIn.
In the world of cinema, few vehicles are as iconic and beloved as the DeLorean…
As reviewing courts, Florida’s District Courts of Appeal serve as vital pillars of Florida’s judicial…
For small businesses seeking to differentiate themselves, patentable intellectual property can be a cornerstone for…
Estate planning documents are tools created to allow individuals a sense of security and protection…
The appellate team of Tiffany Ann Jones, John M. Frazier, Jr., and Eric Hostetler secured…
Common law marriages are legally recognized marriages between two partners that have been together for…