Patent Attorney and Founder
Does my invention need to be completely my own to get a patent?
I’m JD Houvener, patent attorney and founder of Bold Patents Law Firm. Over the past decade, I’ve helped inventors secure more than 500 patents. I also wrote Bold Ideas: The Inventor’s Guide to Patents. If you’re interested, check it out on our website, where you can grab a free inventor’s kit.
Now, back to the question. It’s a great one because it often comes up when inventors create something that’s just one part of a larger system. Maybe you’ve improved a small component but didn’t invent the whole product. Can you still get a patent?
The answer is yes. You don’t need to invent the entire system to patent your contribution. Even if the broader system has been around for decades and isn’t protected by any patents, you can still patent your improvement and bring it to market.
When does patenting make sense?
Before investing in a patent, think about your invention’s impact. If it’s a small tweak with limited benefits, the cost and effort might outweigh the value. But if your improvement solves a big problem, enhances usability, or provides significant benefits, it’s worth considering.
This is where market research becomes essential. Ask yourself:
- How many people would find this useful?
- How much value does it add to the existing product?
- Would customers be willing to pay more for it?
Let’s look at an example.
Say you’ve developed a better spray nozzle for water bottles. If the bottles you’re using are unpatented and widely available, you can attach your nozzle and sell the product without worry.
But what if you want to pair your nozzle with a newer water bottle design that’s still under patent? You’d need permission from the patent holder. This could involve:
- Licensing their bottle to use with your nozzle.
- Offering them a license to your nozzle for their bottles.
Both options let you avoid infringement while getting your product to market.
Is it worth it?
Finally, evaluate the benefits of your invention. If your nozzle sprays 20% farther or dispenses more water per spray, will that improvement stand out enough to justify the patent process? That’s where thoughtful research and planning come into play.
Thanks for spending time with me today! If you have more questions, check out Bold Patents for resources to help you.
Go big. Go bold.