Protecting Your Invention: Why Patent Before Kickstarter

When you have an invention that is truly unique, launching it on platforms like Kickstarter can be an exciting and effective way to get funding and bring it to the marketplace. However, it's crucial to protect your idea legally before taking such steps. This article explores why securing a patent is a crucial first step and how to do so effectively to safeguard your invention from potential lawsuits.

Understanding the Patent System

The U.S. patent system is now a 'first to file' system, meaning that the person who files their patent application first has the strongest claim to the patent. Even if you believe that your invention is unique and hasn't been publicly disclosed, there is always a risk that someone else could invent something similar after learning about your idea. Protecting your invention through a patent application can provide you with the legal leverage needed to prevent others from using or selling their similar products.

Consequences of Launching Without Proper Protection

If you decide to launch your invention on Kickstarter without a patent, you risk facing legal challenges if someone else invents something similar. As Todd Gardiner wisely advised, it's imperative to consult with a patent attorney to determine if your invention is patentable. If it is, obtaining a provisional patent application before starting your Kickstarter campaign is highly recommended. This step not only provides immediate legal protection but also gives you a significant advantage in the event of any legal disputes that may arise.

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Even if you don't believe someone else has invented something similar, it's important to conduct a comprehensive patent search. This involves looking for existing patents that are similar to your invention. If your search reveals that someone has already patented something similar, they may be able to sue you if your product matches all the claim elements of their patent. Therefore, it's crucial to show that your invention is indeed different enough to warrant a patent.

Legal Risks and the Importance of Professional Advice

Seeking legal advice from unaccountable strangers on the internet can be risky, especially when it comes to such significant decisions. Incorrect advice could result in the loss of significant financial and legal benefits. It is strongly recommended that you consult with a professional patent attorney who can guide you through the process and provide you with reliable advice based on your specific circumstances. They can help you understand the nuances of the patent system and advise on how to effectively protect your invention.

Conclusion

To summarize, launching your invention on Kickstarter without proper patent protection is risky. You should always consult with a patent attorney to determine if your invention can be patented and to ensure that you file a provisional patent application before taking any public steps. This will not only protect your invention legally but also give you the best chances of successfully bringing your product to market without facing legal challenges. The consequences of getting bad advice can be severe, so take this step seriously and seek qualified legal and technical advice before proceeding.