Patent Attorney and Founder
When an inventor discovers that their patent has potentially been infringed, it’s easy to become If you think someone is using your patent without permission, here’s a simple guide to follow. I’m JD Houvener, founder of Bold Patent Law, and I’ve been helping inventors for nearly 10 years. I’ve helped nearly 500 clients get patents, and I also wrote Bold Ideas: The Inventor’s Guide to Patents, which you can download for free below.
When you find someone who might be copying your invention, it’s easy to get upset. But before you do anything, take a step back.
First, hire a patent attorney. This is important. They’ll help you figure out if the other product really does violate your patent. They’ll check the details of both products to see if there’s an actual infringement.
Next, you’ll need to know what kind of patent you have. If it’s a design patent, it only protects how your invention looks. For it to count as an infringement, the other product has to look very similar to yours.
If you have a utility patent, things get a bit more complicated. Utility patents protect how your invention works. Your attorney will look at the specific claims in your patent to see if they match the other product.
For example, if your invention has three parts: a housing, a way to attach it, and a system for blowing air, the other product needs to have all three parts. If it’s missing one or two, it’s probably not an infringement.
Your attorney might also find that the other product is different enough that it doesn’t break your patent. It’s always good to have this checked before you act.
If the attorney thinks there is an infringement, don’t rush to send a threatening letter. Instead, try reaching out to the other company in a friendly way.
Let them know you think there’s an issue but they might not be aware of it. You could suggest they continue making the product, but pay you a royalty for using your patent. This approach is more likely to get a positive response.
Remember, being too aggressive might make the other side defensive. It’s better to try to work things out as business owners and find a solution that works for both of you.
That’s it for now. If this helped, download my free inventor’s kit, which includes access to my book and other useful resources. Thanks for reading, and I’m JD Houvener, wishing you success with your invention. Go big, go bold!