After I file my patent, I can sell my patented product with no worries, right?

Maybe. A patent only gives you the right to stop others from making, using or selling the patented technology. However, a patent has nothing to do with whether you can sell a product. Someone may have a patent on a part of your patented technology, and you would need to get that patentee’s permission before selling. For example, if your invention is a new car motor, but someone has a patent to a car in general, you can’t sell a car with the new motor simply because your have a patent on the motor. Of course, the party owning the car patent can sell cars, but not one with your motor. To do that, you may need to trade rights so you both can share the market, assuming your motor is important to the party owning the car patent.

People often refer to the ability to sell your product or service as “freedom to operate.” That’s an in-depth analysis that examines live patents to determine if the product you intend to commercialize infringes anybody else’s patents. Most start-ups do not need an extensive freedom to operate analysis, although there are exceptions. Even if you are early, it still can benefit you if you keep an eye on third-party patents to catch the low-hanging fruit of close patents.

 

Steven Saunders is an Intellectual Property Attorney at the Boston-based law firm, Nutter. Steven can be reached at ssaunders@nutter.com.

For more information about Steven, See Steven’s Martin Trust Center Biography at: https://entrepreneurship.mit.edu/profile/steven-saunders/

Intellectual Property Protection

23 articles

How can I protect my innovations? I’ve heard of patents, trademarks, trade secrets, etc.

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What are the legal requirements to get a patent?

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Is software patentable?

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I don’t have the resources to sue someone who is infringing. Why bother patenting my invention?

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MIT owns some patents that I’d like to use. How can I do that?

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External content: What is the patent process? (Via Dragon Innovation)

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External Content: Do entrepreneurs really need patents? (via MIT Bootcamps)

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How do I get a patent? Can I prepare a patent myself? I can write a good technical description.

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Even if I can legally get a patent, are there reasons to not get a patent?

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A license sounds like a big commitment. I’m not ready for that yet. Can I wait a while to take a license?

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External content: Cheat Sheet for Intellectual Property from Bricolage Law LLC

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External content: MIT Bootcamps webinar series on IP Law

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Why do entrepreneurs need to protect their technical and scientific innovations?

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What experience should I look for in a good patent attorney or patent agent?

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What if I told someone about my innovation? Is it too late to protect it?

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How do I find out if someone else invented my concept first? Is there a way to search for my concept?

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Someone told me not to search patents because it can get me in trouble. Is that true?

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What is a Provisional Patent Application?

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What is the difference between a utility patent and a design patent?

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What are common license terms for intellectual property?

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Does my US patent protect me in other countries?

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How do I handle international filings?

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