Intellectual Property

Infringing on another product must be avoided. If your Product Idea is found thru a Patent Search, yet you still want to continue, a Patent Infringement analysis may be recommended. See an attorney! The absolute worst scenario is that you spend thousands to hundreds of thousands of dollars to develop a product and go to market to one day have someone file an infringement law suit against you.

Formal Patent Search
If your product is not found via on-line search, then please hire an Patent Agent or and IP attorney to conduct a thorough search for you. Provide he or she with all materials you found on-line that are relevant. The IP firm will search by completely different methods than you did via the internet. He or she will search by classifications to locate ANY prior art in product categories you may not have even thought of. More detailed IP research such as prior art analysis may be required.

Patentability
Patentability opinions may also be necessary and we highly recommend you consult with your attorney on these issues and fees. IP research and applications can be costly, but if protection is critical to your business model, then the costs may be well worth it. If you currently warehouse, market, sell and distribute product, Intellectual Property protection such as Design and Utility Patents, Trademarks and Copyrights may be key to your business model and brand(s).

However, if your objective is to get to market fast and hard or be the first to market and you know for a fact that your product does not infringe on anything in the market place, then you may choose to skip the formal Intellectual Property phase. This strategy is a tricky slope of which you may slip and fall or race to the finish line with great success. For this to be the case, generally, a firm needs a highly regarded brand name and or a large number of skuus and or great regional or national distribution.

Posted in: American Innovation