Startups Stack Exchange Archive

Start-up about to reach 1 month and main product still isn’t patented yet, is this a problem?

Our main product was ready to launch, all of which are open frequency command modules, using Bluetooth and Wifi, technically you cannot patent a frequency.

My main question is, how do you go about licensing/patenting a different type of frequency modulator? Or is it not possible?

NOTE: Main Product is not on site, so please do not click unless you feel like you want to check out what we have now and input is taken seriously! Product Launch Site

Answer 5718

A new type of frequency modulator certainly could be patentable. Without any more details, that is all one can say here.

Ideally, you should file patents before you launch your product. In most countries in the world, you MUST file patent applications before you launch the product or you forever lose the right to get a patent.

In the United States, there is a one-year grace period. You can file for a patent application for up to one year after you launch your product. Although you have this grace period it is still better to file before you launch your product.

Someone else could see your product, and then file patent applications covering it before you do. That would be improper since they did not invent anything in your product, but then you would have to show that they copied your product, which gets very complicated…

Answer 5714

If your frequency modulator is new variety that is has not been in the public domain before and is markedly different from existing patented works, then you can patent it as a utility patent.

There are self help books like the “Patent It Yourself” book http://www.amazon.com/Patent-Yourself-Step—Step-Filing/dp/1413320449/ref=sr_1_1?s=books&ie=UTF8&qid=1436746027&sr=1-1&keywords=Patent+It+Yourself

Or you can hire a patent lawyer. A patent lawyer can cost you between $2500 and $7000 depending on the complexity of the patent.

Many states have an office usually with the state university that let you do a patent search for free. A lawyer would charge you for this. The strength of the patent also depends on the quality and number of the claims on the patent.

If you do not want to launch your product with an unsecured IP and you think you do not have time / resources to do a patent, you can get whats called a provisional patent. A provisional patent is cheaper (even through a lawyer) and has less paperwork. The provisional patent expires in an year which can give you time to file for the full patent.


All content is licensed under CC BY-SA 3.0.