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By J.D. Houvener
Patent Attorney and Founder

I designed a safety device after realizing our company was violating an OSHA rule. We’re a large organization with multiple sites across the U.S. and beyond. I pitched the idea to corporate, and they loved it. Now, they want me to produce these devices for all our locations.

The device is simple—just a 3D-printed part—but it fixes the OSHA issue and eliminates a potentially hazardous situation. Should I patent it? On one hand, I’m not in it for the money. I care more about keeping people safe. But if I can protect the idea, why not?

Here’s the catch: I’ve read that filing for a patent can be pricey and time-consuming. Plus, I’d need to make sure I retain ownership of the invention. Before diving into this, I want to make sure it’s worth the effort.

Things to Consider:

  1. Ownership of the Invention
    • Check your employment agreement. If your job involves developing solutions or addressing safety concerns, the company likely owns your invention.
    • If you’re a contractor or your agreement doesn’t mention ownership, you might retain rights to the invention.
  2. Patent Costs and Process
    • Filing a patent is expensive. You’ll need to budget for application fees and possibly hire an attorney.
    • Consider whether you’re willing to invest time and money in protecting the device, especially if the company benefits from it.
  3. Potential Industry Impact
    • If this device could be used beyond your company, patenting might make sense. Once it’s public, competitors or OSHA could encourage others to use or replicate it.
    • A patent ensures they can’t reverse-engineer your idea without permission.

A Possible Compromise
If your company is small or facing financial challenges, you might negotiate with them. They could waive their rights, letting you patent the device independently. In exchange, you could offer to produce it for the company before filing.

At the end of the day, protecting your invention is about ensuring safety and fairness. If the device could set a new industry standard, investing in a patent could be worth it. Just make sure to confirm ownership first. Without that, this might not be your decision to make.


About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/