Five More Misconceptions About Patents

1.                  I have a “Poor Man’s Patent” so I am entitled to stop others from “taking my invention”.   

Only an issued patent can be used to keep others from copying your invention. The "poor mans patent", sending yourself a sealed envelope, is only useful to prove a date of conception.   

2.                  My invention is worth lots of money because it is patented.

Many, if not most, patents are worthless. If the patent has very narrow claims, it could be easy to design around, and if it has broad claims, it could be hard to design around.  This and many other factors affect the worth of a patent.

3.                  I am not infringing his patent because I changed my design more than ten percent from his patent. 

If your device has each and every element of any claim in an issued patent, you are infringing. There is no ten percent rule.

4.                  I cannot infringe his patent because I didn’t know about it. 

There is no intent requirement for patent infringement. If your device has each and every element of any claim in an issued patent, you are infringing.

5.                  My invention is patented so I have to keep it a secret or I will lose it.

Once the patent issues, it is a public document, and anyone can access it. The time to keep an invention secret is the time before the patent application is filed.