Can i sell my product without a patent [Video]

Last updated : Aug 19, 2022
Written by : Teresia Liechty
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Can i sell my product without a patent

Can you sell an idea without a prototype?

Do you need a prototype to sell your idea? No, you don't need a prototype to sell your idea. However, that would be a good idea to show that the idea works, aka proof of concept. The prototype is a part of your pitch to sell your idea.

Can I file patent myself?

You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent.

Do I have to have a patent?

Patents are not legally required before you sell your product or profit from your idea. There are many products and services sold in the United States that are not patent-protected. However, a patent is necessary if you want to prevent others from making marketing, selling, or importing your invention.

Can a person sell a product that has a patent?

The U.S. Supreme Court in a recent ruling has opined on the rights of a purchaser to use and resell patented products. The patent system give the patent owner the right to exclude others from making, using, and selling the patented invention, for the life of the patent.

How do I protect my idea without a patent?

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

How much does a patent cost?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

What is the cheapest way to get a patent?

  1. Do-It-Yourself (Draft it and File it Yourself)
  2. Cost of Filing It Yourself.
  3. Still To Expensive?
  4. Cost of Filing It Yourself.
  5. Fiverr & Other Low Cost Options.
  6. If Budgets Allow - The Better Option Is to Use an Attorney.
  7. The Cost of An Attorney.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What happens if you dont get a patent?

If you don't patent your invention, someone will copy it and enter the market with your product. So, you will have competition in the market. You may also lose the right to compete if that person files a patent for the product. If this happens, all your efforts and money will be wasted.

What are the 5 requirements of a patent?

  • The innovation is patentable subject matter. Patentable.
  • The innovation is new (called 'novelty')
  • The innovation is inventive.
  • The innovation is useful (called 'utility')
  • The innovation must not have prior use.

When should you patent a product?

Under U.S. patent law, you must file your patent application within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention. This means that you must determine the first offer to sell date, or the first public disclosure date.

Can I copy a product and sell it?

The bottom line is that it is not unlawful to copy another person's product or idea, provided that it is not protected by a form of intellectual property, such as patents, designs, copyright, trade marks or in the get-up of the product.

How much do you get paid for a patent?

A patent which grants ownership of an invention, but it won't pay you. There are a few ways you can generate a profit from your idea. A patent is an important document which grants ownership to an invention. However, simply owning a patent won't generate a dime for the inventor.

How long does it take to get a patent?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

Can a manufacturer steal your idea?

Ideas alone are not protected under intellectual property law. There are two primary ways that you would be able to sue the company for stealing your idea. The first is if you did, in fact, reduce the idea to a protectable form before telling the company about it.

Can someone steal my idea if I have a patent pending?

What Is Patent Pending Infringement? As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission.

Will a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

Do patents expire?

Patent Expiration Utility patents expire four, eight, and 12 years after issuance of the patent if the maintenance fees are not paid at these points in time. The patent actually expires at 3.5 years, 7.5 years, and 11.5 years, but there is a six-month grace period in which to pay the maintenance fee.

How long does a patent last?

A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

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Can i sell my product without a patent

Comment by Loren Spooner

so whether you can sell your product without infringing somebody else's patent is a pretty important question to be asking and the thing to remember is that you have to ask that question regardless of whether you're trying to get your own patent you know just the act of selling a product out in the marketplace there may be somebody that has a patent and one or more features of that product so that question is the freedom to operate question now that's what it's referred to in patent jargon freedom to operate or FTO and it's an important question to answer because you know if you are selling a product into the marketplace without doing any kind of investigation as to whether there are other patents that might cover your products then you risk getting a patent infringement lawsuit filed against you so that fto analysis can be very detailed you know there are a lot of patents that are that are out there that have been filed especially in the last 10-15 years there's been a lot of patent filings that are out there and there are non-practicing entities entities that don't actually even sell a product that have taken ownership of patents and are in the business of asserting patents against companies that are actually making and selling products out in the marketplace so it's an important thing to ask yourself before you're selling a product is am I going to be infringing somebody else's patent by by selling this product out in the marketplace you

Thanks for your comment Loren Spooner, have a nice day.
- Teresia Liechty, Staff Member

Comment by Hans

welcome to another invent rice comm TV shows even kid what do you once that you're holding up there Steve what are you doing I was tryin to do my intro I know but I'm too excited you know I have a new book we have a new book and it's very important book why because no one's talking about this no one's giving people the real information attorneys aren't gonna give it to you most people don't even know what it should be but this is the real deal this book explains to everyone do you really need a patent to license an idea and I'm gonna strip it away until everybody you don't need a patent to license your ideas well if you have a lot of people at the thenar yellow book one simple idea what how is this book different than the book that people know so well this dives in to this topic about ownership it dives and about do I need a patent it talks about if you if you do want to write a patent how to write one that has value number one number two do I even need one what do what do I need is perceived ownership right and no one ever talks about that because people think they need to own something I'm here to tell you you don't need to own anything companies need ideas companies will license an idea without a patent they will pay you for your ideas without any intellectual property whatsoever in fact there's a tall they will pay you for everybody that's listening listen they will pay you for your ideas and you don't have to have a patent this book is gonna talk about the strategy though how to get people to pay you for your ideas without any intellectual property whatsoever because you still need to understand the language but it also talks about when companies are very patent centric which some are to talk about patent strategy there too as well right it kind of covers the whole gambit I wanted to do that in fact I wanted to title this book you know how to sell your ideas without a patent but it's more now it's selling your ideas with the patent or without a patent it's how to use the system the system using us yes as always it's about doing it very cost-effectively using things like provisional patent applications for $65 but it's going beyond the standard stuff that everybody knows it's very it's very strategic but on a very grassroots level that was is that an accurate way of putting yeah you know what it does it it talks about how to use intellectual property from a business perspective not from a legal perspective right just filing these patents and hey I love patents I have over twenty myself I've sold my company because my past and I talked about that strategy but that's not for everybody very small percent so I cover both sides of it I talk about how to use you know ppas provisional patent applications how to write them so it stops people from working around your ideas how to understand what what the value is on intellectual property but also I talked about if you're going to work with the patent attorney kind of find a great one how to find one that has experience with the USPTO with patent examiner's it also talks about how to cut a deal though everybody wins it's it's the strategy but I'm getting this perception that it's about real world that attorneys come out patents from a certain angle and you're coming at this from a very different angle which is I think that's the biggest reason why you wrote this this book is gonna save people thousands tens of thousands of dollars period I guarantee it if it doesn't walk in the book I'll give you your money back if it doesn't well that's because I'm trying to tell everybody you don't have to spend tens of thousands of dollars that's baloney you just don't have to do that right and but this fear that comes over all of us right someone's gonna steal my idea and you're gonna protect it are you going to talk about that I take it to the curb completely so you okay you're in command you're feeling empowered you're not worried you're not scared you're using the system for once we're gonna use the system the systems that gonna use us so if people are afraid of getting ripped off they should buy this book if people are very knowledgeable that patents already they should buy this book because it's gonna get very strategic as to as how to look at it a whole different way than just the way that your patent attorneys been sharing with you it's for the guy that's just starting out or for the guys that's very seasoned I covered both sides of it and also I'm going to talk about Legos all right somebody from Legos hiding under your desk there it's like you're looking the first time you know I don't know people know this or not but you know like I was in I sued a small little toy you know toy company Legos for years back and I talked about that story what happened for the first time okay and in fact someone wrote this great review and they said they had to reread that section three times so I actually talked about it for the first time but this book is gonna save people thousands of dollars it's going to empower you you're gonna take advantage of the system and you're going to be able to fight the biggest fight you will have the advantage of the big companies right and you find it on Amazon and you can also if you go to our site if you want to personalize copy where I sign it you can also get one of those so that's important how to sell your ideas with or without a patent by Stephen key at the Phe nky all right yes yeah we don't normally plug anything on our show so but he's very proud of this book you work very hard on it people knew how long it takes to write a book they would I think they would pull their hair out it takes a long time and I'm very proud of this book because this is this is a book that it should be in everybody's library if you've got an idea you have to have this book if you look at our book one simple idea is 300 plus five-star reviews Steve really brings it when he does a book and he did it again with the so sometimes Steve you know you know I talked about this before you business books it's like a bunch of floss so maybe two or three good pieces of information that's never a steven key book and so you guys like I like Steven said you'd be shocked if you wanted your money back or something on the book for the 19 bucks 20 bucks 25 bucks what what I've realized in this whole process is we need to take back to power that ideas are the power ideas make the world go round so we're gonna take back the power in this book does it I love it so if you guys liked the show down below click give us a thumbs up button subscribe to our YouTube channel we do these videos all the time Steven thank you so much and we'll catch up with you guys in the next event right comm TV shows yeah

Thanks Hans your participation is very much appreciated
- Teresia Liechty

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