Ventura, CA asked in Patents (Intellectual Property) for California

Q: I would like to patent a product idea and need help moving forward with that. Is the product patentable etc.

Is the product patentable, how do I move forward if it is and what the cost is.

I have no problem paying a lawyer to do so if the product is patentable and

will pay a fee to know if it is patentable.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Pittsboro, NC

A: It is near impossible to "know" that something is patentable as the world is a big place and any reasonable prior art search is not going to check every obscure article in every language. (Prior art includes anything written since the beginning of recorded history in all languages that addresses the particular problem that you solved).

That said, it is prudent to reduce the risk of filing a patent application that does not result in a patent by commissioning a prior art search. An attorney may do the search or in many instances will send the search out to a professional search company.

Even after doing searching, the attorney should warn you that this process is somewhat subjective as the examiner tries to imagine what a hypothetical person of ordinary skill in the art who develops such a device would be able to do if that person had access to the most relevant prior art. The question becomes whether combining pieces from several pieces of prior art would be "obvious" to that person.

Fights over what is obvious are often at the heart of a battle to get patent claims allowed.

I hope this helps.

Kevin E Flynn

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.