Welcome to the forums!

Our encouraging community is a dedicated resource for innovators everywhere.

Learn about industry trends, common questions,
and stay informed of the latest happenings at Edison Nation.


aurij's Avatar

Hello All,

I created this really unique pillow and I would like to apply for a design patent. The problem is that I've sold several of them, they have been in local magazines, and on TV. I know I should have patented the design before I put it out there, but I didn't think it would take off as much as it has now. Since it is my design, can I patent it now? If not, what would you recommend I do?

Also I have other pillow designs that I'm producing and would like to patent those as well. Would I need to get a design patent for each design or is there a way to bundle the collection together under 1 patent?

Thanks in advance!


posted    Report this topic
magurn's Avatar

Hi Aurielle and welcome to Edison Nation!

The team here does not provide legal guidance on patent matters. It is our policy to recommend that you consult with a patent attorney to determine the next best steps for this concept.

We wish you the best of luck!

posted    Report this post
rharker's Avatar


If you have sold or disclosed publicly this pillow design you have one year to file for a patent in the US or it will not be allowed.

You likely will need separate design patents for each unique design.

Again I suggest you seek your own professional advise and my thoughts do not represent legal opinions.

Good Luck;)

posted    Report this post
macko's Avatar

Aurielle, I am an inventor who writes his own patents..and  know something about it..!

It is a no, no to get a patent in something that is public knowledge. So, when you sold it it was made public..!

posted    Report this post
larrybgood's Avatar

Without knowing how long ago you first made the product/design public, no one can even come close to try to answer your question.  However, from my understanding, you have 1 year from the date you first made it public to apply for a PPA (provisional patent).  that would then give you another year to file for your non-provisional patent (NPA) (don't quote me on this).  If you don't file your NPA within 1 year after filing your PPA, you lose all ability to patent the product (again, don't quote me on this).

You definitely need to get an attorney for this, I think.  

But if you don't have the money for an attorney or a patent, it's a moot point.  If this is the case, the goal is to have awesome branding, trademark that branding, and sell as many units as you possibly can before copy-cats start coming out.  The trademarking of your brand gives you the ability to sue the copycats if they try to use your trademark (or a close variation of it) to sell their copy.  Again, you still have to have the funds to sue them.

posted    Report this post