Cedar City, UT asked in Intellectual Property and Patents (Intellectual Property) for Utah

Q: Would I be able to sell rainbird an idea/ improvement to their original impact pop up sprinkler?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

A: It is possible to sell an idea without a patent or at least a pending application but it is very difficult. Without patent protection, other people will be able to make the same product without paying you so the company that pays you is at a disadvantage unless there was some big advantage to being first to market or you had some special knowledge that was needed to make your design work.

It is still difficult with just a pending application unless the pending application is well-written and seems to be different from the closest prior art.

The ability to sell an idea gets much better if you have a notice of allowance that the claims will be allowed upon payment of the issue fee.

I hope this helps.

Kevin E Flynn

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