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If I don't patent my invention, how closely can a competitor copy my product?
Clash Royale CLAN TAG#URR8PPP
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Introduction:
I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving that product in certain ways) is patentable according to all the stuff I read about patents. But patents are really expensive: My primary market would be western Europe (member states of the European Patent Convention) and possibly later the US, that would cost a 4-digit USD amount upfront and in total a 5-digit amount within a couple of years, as far as I can tell.
So I'm evaluating the possibility of just keeping my invention secret until I'm ready to sell a product based on it and then publishing the full details to make sure no one else can patent it.
Question:
But when I'm selling such a product: Would competitors need to design a new product based on my idea, involving all the prototyping and too easy to patent but still not trivial problems - or would it be legal to take my product apart, put the parts in a 3D scanner and produce the exact same product? Where is the border between what is allowed and what not, exactly?
Hypothetical example:
Say I found a new method to make car chassis more aerodynamic. There are certain equations and methods which are applied during the development process, and to keep anyone else from patenting them, I publish them (in my case, the invention is obvious from the final product). Are the competitors allowed to take the chassis I developed and use that, or do they need to design their own using my methods?
united-states intellectual-property international european-union patents
asked 6 hours ago
Nobody
1064
add a comment |Â
up vote
1
down vote
favorite
Introduction:
I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving that product in certain ways) is patentable according to all the stuff I read about patents. But patents are really expensive: My primary market would be western Europe (member states of the European Patent Convention) and possibly later the US, that would cost a 4-digit USD amount upfront and in total a 5-digit amount within a couple of years, as far as I can tell.
So I'm evaluating the possibility of just keeping my invention secret until I'm ready to sell a product based on it and then publishing the full details to make sure no one else can patent it.
Question:
But when I'm selling such a product: Would competitors need to design a new product based on my idea, involving all the prototyping and too easy to patent but still not trivial problems - or would it be legal to take my product apart, put the parts in a 3D scanner and produce the exact same product? Where is the border between what is allowed and what not, exactly?
Hypothetical example:
Say I found a new method to make car chassis more aerodynamic. There are certain equations and methods which are applied during the development process, and to keep anyone else from patenting them, I publish them (in my case, the invention is obvious from the final product). Are the competitors allowed to take the chassis I developed and use that, or do they need to design their own using my methods?
united-states intellectual-property international european-union patents
asked 6 hours ago
Nobody
1064
I'm voting to close this question as off-topic because it belongs on patents.stackexchange.com
– BlueDogRanch
2 hours ago
@BlueDogRanch many questions that fall into the scope of patents.stackexchange are also within the scope of law.stackexchange—see meta discussion. Also, this question is not within the scope of patents.stackexchange, which is limited to US patents. This question is about protections outside the patent system.
– rhymes_with_dorange
1 hour ago
add a comment |Â
up vote
1
down vote
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up vote
1
down vote
favorite
Introduction:
I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving that product in certain ways) is patentable according to all the stuff I read about patents. But patents are really expensive: My primary market would be western Europe (member states of the European Patent Convention) and possibly later the US, that would cost a 4-digit USD amount upfront and in total a 5-digit amount within a couple of years, as far as I can tell.
So I'm evaluating the possibility of just keeping my invention secret until I'm ready to sell a product based on it and then publishing the full details to make sure no one else can patent it.
Question:
But when I'm selling such a product: Would competitors need to design a new product based on my idea, involving all the prototyping and too easy to patent but still not trivial problems - or would it be legal to take my product apart, put the parts in a 3D scanner and produce the exact same product? Where is the border between what is allowed and what not, exactly?
Hypothetical example:
Say I found a new method to make car chassis more aerodynamic. There are certain equations and methods which are applied during the development process, and to keep anyone else from patenting them, I publish them (in my case, the invention is obvious from the final product). Are the competitors allowed to take the chassis I developed and use that, or do they need to design their own using my methods?
united-states intellectual-property international european-union patents
asked 6 hours ago
Nobody
1064
Introduction:
I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving that product in certain ways) is patentable according to all the stuff I read about patents. But patents are really expensive: My primary market would be western Europe (member states of the European Patent Convention) and possibly later the US, that would cost a 4-digit USD amount upfront and in total a 5-digit amount within a couple of years, as far as I can tell.
So I'm evaluating the possibility of just keeping my invention secret until I'm ready to sell a product based on it and then publishing the full details to make sure no one else can patent it.
Question:
But when I'm selling such a product: Would competitors need to design a new product based on my idea, involving all the prototyping and too easy to patent but still not trivial problems - or would it be legal to take my product apart, put the parts in a 3D scanner and produce the exact same product? Where is the border between what is allowed and what not, exactly?
Hypothetical example:
Say I found a new method to make car chassis more aerodynamic. There are certain equations and methods which are applied during the development process, and to keep anyone else from patenting them, I publish them (in my case, the invention is obvious from the final product). Are the competitors allowed to take the chassis I developed and use that, or do they need to design their own using my methods?
united-states intellectual-property international european-union patents
united-states intellectual-property international european-union patents
asked 6 hours ago
Nobody
1064
asked 6 hours ago
Nobody
1064
edited 6 hours ago
asked 6 hours ago
Nobody
1064
asked 6 hours ago
Nobody
1064
asked 6 hours ago
Nobody
1064
1064
I'm voting to close this question as off-topic because it belongs on patents.stackexchange.com
– BlueDogRanch
2 hours ago
@BlueDogRanch many questions that fall into the scope of patents.stackexchange are also within the scope of law.stackexchange—see meta discussion. Also, this question is not within the scope of patents.stackexchange, which is limited to US patents. This question is about protections outside the patent system.
– rhymes_with_dorange
1 hour ago
add a comment |Â
I'm voting to close this question as off-topic because it belongs on patents.stackexchange.com
– BlueDogRanch
2 hours ago
@BlueDogRanch many questions that fall into the scope of patents.stackexchange are also within the scope of law.stackexchange—see meta discussion. Also, this question is not within the scope of patents.stackexchange, which is limited to US patents. This question is about protections outside the patent system.
– rhymes_with_dorange
1 hour ago
I'm voting to close this question as off-topic because it belongs on patents.stackexchange.com
– BlueDogRanch
2 hours ago
I'm voting to close this question as off-topic because it belongs on patents.stackexchange.com
– BlueDogRanch
2 hours ago
@BlueDogRanch many questions that fall into the scope of patents.stackexchange are also within the scope of law.stackexchange—see meta discussion. Also, this question is not within the scope of patents.stackexchange, which is limited to US patents. This question is about protections outside the patent system.
– rhymes_with_dorange
1 hour ago
@BlueDogRanch many questions that fall into the scope of patents.stackexchange are also within the scope of law.stackexchange—see meta discussion. Also, this question is not within the scope of patents.stackexchange, which is limited to US patents. This question is about protections outside the patent system.
– rhymes_with_dorange
1 hour ago
add a comment |Â
1 Answer
1
active
oldest
votes
up vote
3
down vote
Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them.
It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your chassis is designed with functionality in mind, it will also embody an aesthetic design.
That said, enforcement of patent rights (or any other rights you might hope protect your chassis) is orders of magnitude more expensive (typically millions of dollars) than merely obtaining a patent. Thus, even if you do obtain protection for the chassis design or the method of designing it, your budget may make it impractical to effectively take advantage of those protections, unless a law firm is willing to take the case on contingency.
answered 1 hour ago
rhymes_with_dorange
1,129319
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1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
3
down vote
Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them.
It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your chassis is designed with functionality in mind, it will also embody an aesthetic design.
That said, enforcement of patent rights (or any other rights you might hope protect your chassis) is orders of magnitude more expensive (typically millions of dollars) than merely obtaining a patent. Thus, even if you do obtain protection for the chassis design or the method of designing it, your budget may make it impractical to effectively take advantage of those protections, unless a law firm is willing to take the case on contingency.
answered 1 hour ago
rhymes_with_dorange
1,129319
add a comment |Â
up vote
3
down vote
Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them.
It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your chassis is designed with functionality in mind, it will also embody an aesthetic design.
That said, enforcement of patent rights (or any other rights you might hope protect your chassis) is orders of magnitude more expensive (typically millions of dollars) than merely obtaining a patent. Thus, even if you do obtain protection for the chassis design or the method of designing it, your budget may make it impractical to effectively take advantage of those protections, unless a law firm is willing to take the case on contingency.
answered 1 hour ago
rhymes_with_dorange
1,129319
add a comment |Â
up vote
3
down vote
up vote
3
down vote
Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them.
It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your chassis is designed with functionality in mind, it will also embody an aesthetic design.
That said, enforcement of patent rights (or any other rights you might hope protect your chassis) is orders of magnitude more expensive (typically millions of dollars) than merely obtaining a patent. Thus, even if you do obtain protection for the chassis design or the method of designing it, your budget may make it impractical to effectively take advantage of those protections, unless a law firm is willing to take the case on contingency.
answered 1 hour ago
rhymes_with_dorange
1,129319
Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them.
It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your chassis is designed with functionality in mind, it will also embody an aesthetic design.
That said, enforcement of patent rights (or any other rights you might hope protect your chassis) is orders of magnitude more expensive (typically millions of dollars) than merely obtaining a patent. Thus, even if you do obtain protection for the chassis design or the method of designing it, your budget may make it impractical to effectively take advantage of those protections, unless a law firm is willing to take the case on contingency.
answered 1 hour ago
rhymes_with_dorange
1,129319
answered 1 hour ago
rhymes_with_dorange
1,129319
answered 1 hour ago
rhymes_with_dorange
1,129319
answered 1 hour ago
rhymes_with_dorange
1,129319
1,129319
add a comment |Â
add a comment |Â
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I'm voting to close this question as off-topic because it belongs on patents.stackexchange.com
– BlueDogRanch
2 hours ago
@BlueDogRanch many questions that fall into the scope of patents.stackexchange are also within the scope of law.stackexchange—see meta discussion. Also, this question is not within the scope of patents.stackexchange, which is limited to US patents. This question is about protections outside the patent system.
– rhymes_with_dorange
1 hour ago