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PATENT YOUR DESIGN THAT IS ALREADY BEING PRODUCED

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!

Auri

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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!

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rharker's Avatar

Auri;

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;)

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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..!

Karen
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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.

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