When Do You NOT Need a Patent?

Inventors tend to think that they must obtain a patent when they invent something. The fact is that in most cases obtaining a patent for an invention is not imperative. True, it has some significant and substantial advantages in the right circumstances and can arm you with very useful commercial and strategic power, but you need to examine your own circumstances to determine whether patenting your invention makes sense.

To be clear: a patent is not a license to practice the invention. You do not need a patent in order to manufacture your inventive widget or run your improved industrial process. What you need a patent for is stop other people from doing those things. A patent – not to put too fine a point on it – is a right to sue. It is not a positive right (the right to do something) but a negative one (the right to stop people from doing something) as explained on https://www.hngn.com/articles/227862/20200113/what-can-the-experts-at-inventhelp-do-for-you.htm.

To employ a somewhat crude analogy, a patent is like a big stick. You can hit someone with the stick (suing someone for patent infringement), or people may pay you money to not be hit (paying a fee for a license to use the patented technology). A crude analogy, indeed, but it does get to the heart of the matter: a patent is a competitive tool, a time-limited statutory monopoly to control access to a defined technology (machine, process, chemical composition, etc.).

Clearly, then, you may be able to obtain a patent, but the question is whether you need to invest the resources to obtain one. Is there a business driver for doing this? Is a competitor attempting to copy your invention? Are you trying to attract investors? If you can’t come up with a good reason to get a patent – then why do it? But the important thing is to ask the question – “Why?” If you come to the conclusion that obtaining a patent for your invention makes sense, or you want to work through the question with a patent professionals like InventHelp, you can easy find help.

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