Patent Attorney and Founder
Let’s tackle a question: If I patent a subcomponent or an intermediate product, could it still infringe on a final product or system?
Hi, I’m JD Houvener, a patent attorney and the founder of Bold Patent Law Firm. I’ve been helping inventors for over 10 years, and I’ve assisted in securing more than 500 patents. Today, I want to dig into this important topic and help clarify things for you.
So, can patenting a part of a system cause issues with larger, finished products? The short answer is: Yes, it’s possible. But there’s more to it than just getting the patent—it’s also about being able to sell your invention without risking someone coming after you for infringement.
Let’s break it down. It’s definitely possible to patent a component or a subpart of a system. In fact, most patents today—around 70-80%—are improvements or tweaks to existing technologies. These patents usually cover parts, not whole systems. For example, it might be a new locking mechanism, a different type of fastener, or an improved material for a product.
But here’s the catch: the end product—the one that hits the market—might be covered by a completely different set of patents. That means just because you’ve patented a part doesn’t mean you can freely sell the entire final product. That’s where things get tricky.
Before you rush to market or start licensing, you should ask your patent attorney a crucial question: Can I sell this final product without stepping on anyone else’s patent rights? This is known as a “freedom to operate” opinion. Essentially, it’s making sure you’re not at risk of getting sued by other patent holders.
Let’s say, for example, you’ve come up with a cool new design for the automotive industry. Imagine you’ve invented a way to reduce drag on a car by adding small fins on the roof that disrupt the airflow, making the car more aerodynamic and improving fuel efficiency. Sounds great, right?
But here’s the thing: Even though your idea is fresh, you still can’t just sell a car with that design on its own. If the car’s overall design is already patented by someone else, you’ll need to license your innovation to the car manufacturer. They can then sell the finished car with your patented feature once they have the rights from you. You can’t just manufacture the car yourself unless you have a completely original design that doesn’t step on anyone else’s patents.
The key takeaway here is that having a patent for a subcomponent doesn’t automatically mean you have the right to sell the full, market-ready product. So, it’s crucial to check both—your patent and the larger patents surrounding your design—before moving forward.
I hope that clears up some of the confusion around subcomponents and final designs. And remember, just because you’ve patented something doesn’t mean you can sell it without a worry. Always get a “freedom to operate” opinion to make sure you’re in the clear.
I’m JD Houvener, and I hope this helps. Have an awesome day, and remember—go big, go bold!