Do you have a product you have already been selling and marketing? It is highly recommended that you look into patenting it before your competitors have a chance to take your product and deprive you of the right to patent it!

The process for an existing product is no different than the ordinary patent process. However, if information about your product invention has been publicized for over a year, and especially if it has been sold by yourself or by competitors, you may actually be barred from patenting your invention. A product must not be in general use to be patentable, and release of information about your product or ongoing sales can prevent you from securing protection from future patent infringement.

Worried that the patent process period will take too long and deprive you of potential profit while you wait for your new product to be patented? There is no reason to worry – while your patent application is being processed, your patent will be protected under a ‘patent pending’ classification, guaranteeing you protection from patent infringement from competitors while also enabling you to continue selling your product.

In summary, if it is a product which exists already you might be too late to get a patent on it. Products and goods in use for more than a year are disqualified from being patented. Note also that a patent might apply to a product if it is a novel invention, software, good, etc. – but if it is simply a redesign of an existing invention, it may only qualify for a trademark, not a full-blown patent, as it is does not actually perform a new function as is required for a successful patent. If you have a new product that hasn’t been patented yet, contact us to find out if you still have the ability to patent it. Waiting too long may allow your competitors to take your invention idea.

Patents are designed to give you exclusive intellectual property rights over your patented invention for a long period of time, thus preventing competitors from stealing your product and making profit off of it.

Typically a patent will last 20 years from the date you file for a patent in the case of plant and utility patents and 14 years from the date you file for a patent in the case of design patents (see ‘Choosing the right kind of patent protection’). As utility patent applications are by far the most common, your invention will likely receive patent protection for 20 years.

If you are filing a provisional patent, your patent protection will last only 12 months. This is a good option if you would like more time to pursue full patent rights or you want to test the commercial waters to see if it will be profitable to patent your invention. Note that you also receive limited invention protection (i.e. “patent pending”) while pursuing full patent rights, so you are secured against patent infringement during the patent process.