My Idea Is Patented - What To Do Now?

When an idea is discovered, lots of dreams and about building innovative products and successful companies are also born along with. Being an inventor, you think you achieved something big, and your idea can help solve many lifestyle problems. But, let's say you find the idea is already patented? It seems like you might be hit by way of a brick wall, and many types of your hard earned money and efforts will end up in vain. What to do now? But, don't worry! You've kept many IP monetization options which has been attempted to cover in this post.



First, do the maximum amount of research on your own idea as you can, identify all the patents associated with it, and check how many are active now. It is because the majority of the inventors and enormous corporations only concentrate on getting patents, such as the know the right commercialization strategy. Many of them try, but fail. Consequently, they find yourself abandoning their patents. There exists a good illustration of this below:

Catherine Hettinger invented a small toy on her behalf daughter 2 decades ago, and patent idea for it. She took her idea to many toy manufacturers, but couldn't locate a commercialization partner. Consequently, she abandoned her patent. Later, the thought was picked by a lot of Chinese companies, which developed its modern versions, and earned a lot of money. The specific product is "Fidget Spinner", which gained popularity among children as well as adults in 2017. You could have heard about it.

Let's say your idea has active patents? You will still don't need to worry. Look at the IP protection area, and there could be two scenarios:

1. Idea has active patents in the foreign country/region

A patent can be a territorial right applicable in the country/region in which it is granted. If you find patents on your idea in a foreign country/region only, you're totally free their technologies, build commercialization strategy, manufacture, market and distribute products within your country/region. But, if the patent holders expand the protection areas to your region, you must obtain license for the patent family you are using.

2. Idea has active patents in your country/region

Should you discovered active patents for your idea exist in your country/region, don't throw up the hands! You've still got chances to utilize your idea. May be your idea has some advanced features, which are absent in the patented ones. May be the patents usually are not earned industry you need to target or the inventors tried, but failed. Thus, you can turn those unused patents into successful products having an exclusive IP strategy.

Perform a comprehensive study on every one of the components of your idea, and other segments and market verticals from the claims of the patents. If you achieve some unique elements, do general market trends, develop them further, and file the IP application.

Imagine if the patents are successful, and inventors sell products. That still doesn't hold you back. Do a deep study on the products and technologies to their rear, and find out what extra features you can. Prepare types of the modified versions of the products, create meetings with the inventors, and you will have the opportunity being a part of successful businesses.

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