Patent Attorney and Founder
Can You Patent Someone Else’s Product? Understanding the Rules of Invention Ownership
In the realm of innovation, there’s often confusion about who can legally claim ownership of an idea or product. One common question that arises is: Can you patent someone else’s product? The short answer is no. But let’s explore the details.
At Bold Patents Law Firm, led by JD Houvener, we’ve helped inventors from all walks of life navigate the complexities of the patent system. From engineers to entrepreneurs, nearly 500 patents have been granted to our clients, each marking a significant contribution to their industries.
Why You Can’t Patent Someone Else’s Product
The patent process operates on a core rule: You must be the inventor to file for a patent. This is foundational to the system that rewards innovation and knowledge sharing. When you apply for a patent, you aren’t just protecting your idea; you’re also making a deal with the government to share details about your invention, which, in turn, advances society’s understanding of new technologies.
There’s a significant difference between being an inventor and an applicant. A company can apply for a patent on behalf of its employees, but the employee must be the inventor. In such cases, the company is typically assigned ownership of the invention, but it’s still vital that the inventor is named correctly.
Clear Requirements for Patenting
If you want to file a patent, the inventor must meet two main criteria:
- Inventorship: You must have contributed to the conception of the invention.
- Novelty: The invention must be new and not previously disclosed to the public.
For more details on what qualifies as “new,” visit Bold Patents’ Patentability Search Page.
The One-Year Rule: When Is an Idea Too Late to Patent?
Even if you think the original inventor doesn’t want to patent their product, you can’t simply swoop in and claim it. The U.S. Patent and Trademark Office has a strict one-year statutory bar. If the product has been publicly available or offered for sale for more than a year, it’s no longer eligible for patent protection. This ensures that the system remains fair and transparent.
For more on the specifics of this law, take a look at our guide on patent eligibility.
Independent Invention: When Two Inventors Create the Same Product
Sometimes, two inventors working independently can come up with the same invention without ever knowing about each other’s work. Here’s where things get interesting.
Take this hypothetical scenario: You’re working on a groundbreaking new type of garage door opener in the United States. Unbeknownst to you, another inventor in Germany has already been selling a similar device for six months. Because you independently created your version without knowledge of theirs, you can still file for a patent—provided you do so before the one-year statutory bar hits. This is called the “first-to-file” rule, meaning it’s not always about who invented it first but who files the patent application first.
If the other inventor’s product hasn’t been public for more than a year, their sales don’t affect your ability to get a patent. Check out our page on the first-to-file system for more information.
What If You Improve an Existing Product?
There’s another angle to this question—what if you take someone else’s product and improve it? Can you patent that? The answer here is yes, if your improvement is novel and non-obvious. Simply changing an existing product won’t automatically qualify you for a patent, but if your modification solves a new problem or offers a significant enhancement, you could be eligible for protection.
Before you file, it’s always smart to conduct a patent search to ensure your idea hasn’t already been claimed by someone else. For help with that, explore Bold Patents’ comprehensive patent search services.
Key Takeaways for Inventors
- You must be the original inventor to file for a patent, not someone who found or bought an invention.
- Public disclosure matters: If a product has been available for more than a year, it’s no longer eligible for a patent.
- First to file wins: In cases of independent invention, the first person to file will typically be granted the patent.
- Improvements can be patented: As long as the improvement is both novel and non-obvious.
- Conduct a thorough search: Always check the patent landscape before submitting an application.
If you’re ready to take the next step in securing your invention, schedule a free discovery call with us at Bold Patents. Our experienced patent attorneys are here to guide you through the process and ensure your ideas are protected.
With this breakdown, you’ll have a clear understanding of the patent process and what it takes to protect your innovation. Remember, the world of patents is all about innovation, transparency, and timing. If you’re uncertain about any part of the process, don’t hesitate to get in touch with us at Bold Patents Law Firm.
Go big, go bold with your ideas!