Alternatives to Patenting
Thursday April 3, 2008
A reader wrote in asking, “How do inventors successfully 1) market, 2) distribute and 3) grow profit from unpatented or unpatentable ideas?” The reader had an invention that was unpatentable in the United States because it had been publicly disclosed for over a year. Ironically, this can also be a delibrate defensive publishing strategy. Publishing information about an invention creates ‘prior art’ that disqualifies anyone else from patenting it.
While this reader is in a position she had not intended, a growing number of inventors deliberately forgo/delay patenting and take their product straight to market. Alternatives to patenting an innovation include obtaining a trademark on the name, or copyrighting the rules or instructions. Rubik’s Cube or Coca-Cola were never patented, good trademarks and great marketing brought those products success. Trade secrets are also an alternative, if your product is nearly impossible to reverse engineer. And if you can't patent your invention, maybe you can patent an accessory or disposable that makes your invention better. For further information read our new “Alternatives to Patents” directory and consult a intellectual property expert.
Thanks for the great advice. There are many ways to take new products to the market, but nothing helps more than an energetic and enthusiastic inventor!
Pubically?
A reader wrote in asking, “How do inventors successfully 1) market, 2) distribute and 3) grow profit from unpatented or unpatentable ideas?” The reader had an invention that was unpatentable in the United States because it had been pubically disclosed for over a year. Ironically, this can also be a delibrate defensive publishing strategy. Publishing information about an invention creates ‘prior art’ that disqualifies anyone else from patenting it.
“Pubically” ah boy – thanks for the heads up on that typo!!! Cheers Mary
Be aware, marketing your invention may preclude you from getting a patent. In the US, you get a one year grace period to file your patent application. Canada has a similar grace period, except that you cannot rely on priority from the US application. Most other countries have an absolute bar if you disclose before you file a patent application. The simplest way to protect yourself in the event that you want to file a patent in the future is to file a provisional application yourself. The filing fee is only $110 for a small entity. The provisional must be converted into a utility application within a year, which should give you enough time to see if your invention has legs.