A patent is often seen as a way to protect an inventor’s creation, but the reality of the patent system is much more complex. In a personal account of suing a toy company for patent infringement, it is revealed that patents only provide the right to sue for infringement, with no guarantee of success. The interpretation of patent claims can vary among different parties, making patent protection slippery and unreliable. Inventors must provide detailed information to their patent attorneys to ensure the perceived value of their patents.
Patent examiners may not find all prior art related to an invention, leading to the possibility of a patent being invalidated. It is the responsibility of the inventor to be an expert on their invention and conduct a thorough search for prior art, rather than relying solely on the patent attorney. The patent system is far from perfect, and success as an inventor requires accepting its limitations. In patent infringement suits, having greater access to capital can be advantageous, as it allows for more resources to search for prior art and invalidate a patent.
Commercially successful inventions are often targeted by copycats, with or without a patent in place. Inventors are advised to utilize other forms of intellectual property, such as design patents, copyrights, and trademarks, to defend their business from imitators. Strategies such as speeding up the market entry, lowering production costs, building a strong brand, being the original storyteller, and understanding the details of the patent system can help in protecting innovation. Emotions should be set aside when dealing with infringement, focusing instead on the impact on the business.
While efforts to change the patent system are ongoing, waiting for these changes to happen before taking action is not practical. Inventors should learn the strengths and weaknesses of patents, how to create valuable intellectual property, and how to leverage it to achieve business goals. Despite the flaws in the patent system, it is still possible to succeed as an inventor by understanding and utilizing intellectual property effectively. The key is to be proactive, informed, and strategic in navigating the complexities of the patent system.
