Q: I have a idea for a fishing accessory idea that I'd like to make.
I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has
A:
Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all relevant information since the beginning of recorded history and who is trained to design accessories like yours would be able to combine bits from two or more places to get to your design.
Time to talk to a patent attorney. Possibly time to search patent and patent application data bases to see if someone had this idea but was not able to follow up and commercialize the idea. This happens all the time.
A: You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier patents or other publications, and a professional search will usually uncover these. Based on these search results, the patent attorney will be able to give you an idea of what aspects of your invention are likely patentable in view of what is already out there.
A: If you believe your idea is unique and has not been previously disclosed or patented, the next step could be to document your invention thoroughly, including potential designs, uses, and benefits. It might be advisable to consult with a patent attorney to explore whether patent protection would be appropriate and to guide you through the process of filing a patent application with the United States Patent and Trademark Office (USPTO). To maintain the novelty of your invention, consider keeping details of your invention confidential until a patent application is filed.
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.
