Patent Attorney and Founder
What to Do When Someone Copies Your Invention
Discovering that someone is copying your invention can feel frustrating—maybe even infuriating. It’s your idea, your hard work. So, what should you do?
Hi, I’m JD Houvener, a patent attorney and founder of Bold Patents Law Firm. I’ve worked with thousands of inventors and secured over 500 patents. Today, I’ll guide you through what to do when someone is infringing on your patent.
Let’s break it into three steps:
Step 1: Who’s Copying Your Idea?
Before jumping to conclusions, consider the situation carefully. Ask yourself:
- Are they an innocent hobbyist?
Maybe someone on Etsy is selling a similar product. They might not even realize they’re infringing. In this case, the impact on your business is likely minimal. - Did they know about your patent?
If this is someone you’ve spoken with—or worse, someone you warned—they may be willfully ignoring your rights. This is a more serious issue, especially if they’re targeting your market directly.
Take a step back and assess the scope. Is this truly harmful to your business, or a minor inconvenience?
Step 2: Is It Really Infringement?
This is where things get technical. Just because a product looks like yours doesn’t mean it infringes your patent.
- For a design patent:
Your attorney will compare the accused product’s appearance to your patented design. Do they match in overall look and feel? - For a utility patent:
They’ll analyze the specific claims in your patent. Does the product copy all the required elements or steps?
It’s best to consult a patent attorney to make this call. They can provide a formal infringement opinion, which is crucial if you decide to take action.
Step 3: What’s the Risk of Fighting Back?
Before you send a cease-and-desist letter or start legal action, consider the potential backlash.
- Could they accuse you of infringement?
If your product shares similarities with theirs, they might counterclaim against you. - Could your patent be challenged?
An infringer could argue your patent isn’t valid. They might dig into the application process, looking for errors or overlooked prior art. If your patent is invalidated, you lose protection entirely.
To avoid these risks, make sure your patent is rock-solid. If you’re unsure, your attorney can help you evaluate its strength.
Consider Settling
Legal battles are expensive and stressful. Sometimes, the best solution is to negotiate. Could you turn this competitor into a partner? Licensing agreements or collaborations might benefit both sides.
Final Thoughts
Dealing with patent infringement isn’t easy, but with the right approach, you can protect your rights without unnecessary risks.
If you’d like more guidance, download our free inventor kit below. It’s packed with resources to help you navigate patent law.
Stay bold, stay inventive—and we’ll talk next time!