Patent Attorney and Founder
What happens if someone copies your invention?
Hi, I’m JD Houvener, a patent attorney and the owner of Bold Patents Law Firm. I’ve spent over 10 years helping inventors secure patents, and I’ve written Bold Ideas: The Inventor’s Guide to Patents. If you haven’t checked it out, I recommend clicking the link below for a full PDF copy of the guide, along with helpful handouts on patent searching and drafting.
Now, let’s get to your question: What happens if someone copies your invention, even while your patent is still pending? This is a concern I hear from almost every client during the patent process.
First off, don’t panic. You can still win the battle. In fact, I encourage my clients to start selling, offering, or promoting their product while the patent is pending. This not only lets you test the market, but it can also help you secure your position as the first to market.
But here’s the thing—when you start selling your product, competitors will notice. You might even see knockoffs or copies of your product popping up. When that happens, your first step is to send a notice letter.
We handle this by sending a letter on your behalf that says: “We’re in the process of getting a patent for this product, and we expect it to be granted soon. Once it is, you’ll be infringing on our patent if you continue making, selling, or using this product.”
This letter serves as a formal notice that you own the rights to the invention, and it warns the other party about the legal consequences of continuing their actions—like being liable for triple damages in future litigation.
Sometimes companies ignore the letter. That’s their choice, but it sets them up for bigger trouble down the line. When your patent is granted, you’ll be in a strong position to pursue legal action, and you can demand triple damages if they’ve ignored your warning.
You can also look at how they’re branding and selling their copycat products. Even though your product is being copied, this is a great opportunity to build your own brand. By registering a trademark, either for your product’s name or logo, you can create a clear distinction between your brand and theirs. This adds another layer of protection and helps you establish your niche.
Additionally, getting your product out there while your patent is still pending gives you valuable insights. You’ll learn what customers like, what they don’t, and how to improve your product. These insights can help you create even better versions or file follow-on patents to keep advancing your product.
Don’t let infringement discourage you. In fact, you should feel flattered. Competitors see the potential in your product, and while they’re taking shortcuts, you’re following the right path to secure your rights.
Use your patent, and if needed, work with a patent litigator to send the necessary letters and protect your invention. With a strong patent portfolio, you’ll have a competitive edge that could force the other party out of the market or, at the very least, earn you royalties every time they sell your product.
I hope this was helpful! Don’t forget to click the link below for your copy of Bold Ideas: The Inventor’s Guide to Patents and the Bold Inventor Kit.
Take care, and as always—Go Big, Go Bold!