Patent Issues

[leejay]

What is the name of your state? New York

I have been told my invention may be design patentable, but utility may be difficult because of the unobvious and the novel issue. There are patents for similar products however, my product (or anything like it) is nowhere in the US (or abroad) marketplace. Are there ways around this? What makes an invention sell-able and would a design patent "trump" the utility issue? It seems as though I can "build a better mousetrap", but getting it to the public is another story all together.

 

[divgradcurl]

What is the name of your state? New York

I have been told my invention may be design patentable, but utility may be difficult because of the unobvious and the novel issue. There are patents for similar products however, my product (or anything like it) is nowhere in the US (or abroad) marketplace. Are there ways around this? What makes an invention sell-able and would a design patent "trump" the utility issue? It seems as though I can "build a better mousetrap", but getting it to the public is another story all together.

Are you asking a legal question, or a "marketing" question?

If you are saying that there are already issued utility patents that cover your invention, then if you were to make and sell you invention in the U.S., you would be potentially infringing those patents. It makes no difference whether you get a design patent on your invention or not. A patent gives you the right to "exclude," the right to keep others from making what you have invented -- a patent doesn't give you the right to "practice" your invention. You may be able to get a design patent (or even a utility patent) on your invention, but if your invention infringes other valid utility or design patents, well, then you can't make YOUR invention without facing potential liability for infringement of the other patents.

Maybe if you frame your question differently, or provide more information, it would be easier to understand and answer your question (if the above doesn't answer it, that is...).