Would a patent protect its owner from infringing other patents?
Patents are complicated, to say the least. For those new to patents, one concept is particularly tricky. It is the fact that you can own a patent and still not be able to make your patented product. It seems counterintuitive. Let’s explore why a patent does not protect its owner from infringement.
Need a patent strategy for protecting your sales and innovation? Contact US patent attorney Vic Lin vlin@icaplaw.com to explore how we can help you stop copycats while protecting your own sales.
Because a patent does not provide its owner with the right to make a product. A patent only provides its owner with the right to stop others from doing certain things.
Is it possible for a patent owner to infringe someone else’s patent?
Yes, it is possible for a patent owner to infringe someone else’s patent. A patent does not provide the owner with the right to make or sell anything. Instead, a patent provides the owner with the right to stop others from making, selling, using or advertising their patented invention.
So if you are thinking of applying for a patent, recognize that your product may still infringe regardless of outcome of your patent application.
How does your risk of infringement change going from patent-pending to patented?
Your risk of infringing other patents does not change when your patent application is allowed and then granted. What does change is your ability to enforce your patent against others who might be enforcing their patents against you. You now have leverage against competitors that did not previously exist.
Suppose competing patent owners start copying your innovation. You now have the ability to go after the sales of the products that infringe your patent.
Why apply for a patent if it does not protect your own products from infringement?
While patents do not provide defensive rights, they do provide offensive rights that should not be overlooked. First, patents help companies raise capital. Investors want to see that innovative products are at least patent-pending.
Second, patents give owners the ability to stop copycat products. When innovative products do well on Amzon, it is increasingly common to see knockoffs being sold on Amazon. For utility patents on simpler products, sellers can use Amazon’s patent dispute platform called APEX to get infringing listings removed.
Third, patents add to the value of your company. Founders seeking an exit should bear this in mind.
Lastly, even patent-pending rights can help you license your technology.
What are less expensive options for obtaining patents?
A utility patent is an expensive endeavor that can costs tens of thousands of dollars. To reserve your rights without breaking the bank, you have a few options.
You can start with a provisional patent application. Our firm drafts and file provisional for 50% of the cost of filing a nonprovisional.
Furthermore, you can consider filing a design patent application to protect the visual appearance of your product. While design patents do not protect functionality, they can at least help stop the sales of knockoffs.
Need a patent to protect your product?
Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help you obtain patents that will actually help your business.
