Q: how to see if a design is patent able?

2 Lawyer Answers
Griffin Klema
Griffin Klema
  • Intellectual Property Lawyer
  • Tampa, FL

A: Hire an attorney to conduct a prior art search and provide an opinion about whether your design is patentably distinct over the prior art. I recommend you budget about $2,000 for this work. Good luck!

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

A: As a preliminary step, you may want to do some initial searching using tips from my search slides. http://bit.ly/Patent_Searching You are likely going to want to consult with a patent attorney but I prefer clients that have done some initial searching before they contact me. It is weird that some people seek to start the patent process without ever reading a patent.

You may also want to go through the slides on the more basic issue of protecting your competitive edge. http://bit.ly/Protecting_Advantages

I would not buy a computer without having used one first so I know what sort of features I would want. Same is true for a lawn mower or a dishwasher. Not sure why so many people want to spend a lot of money to chase a patent when they have never seen one.

I hope this helps.

Kevin E Flynn

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