Many inventors are surprised when they first start looking for something like their invention on the Internet.  Most often their response is dismay.  Usually they are under the impression that since they hadn't seen their invention anywhere else and it solves a key problem that there is nothing else in the world like it.  

That is not always the case.  The old saw "There's nothing new under the sun"  turns out to be true.  Not only are their other people out their trying to solve the same problem the inventor solved , but there are previous solutions kicking around in the literature and in patent filings that were never commercialized.

I don't have the number but I recall there were hundreds or perhaps thousands of inventors trying to make the first light bulb as there were also a great number trying to make the first airplane, including some who were very well financed.  The Wright  brothers were in competition with Samuel P. Langley who had lots of government money behind him but non the less failed.

The important thing is that an inventor have the best solution to a problem.  Not necessarily first or only solution to the problem.

I once had a client who invented what amounted to a spray can on the end of a pole (to kill wasps safely).  He was surprised  when our patent search turned up essentially the same idea.

But then when I asked him my favorite question for these situations he had a good answer.  I said "if your invention and his were side by side on a store shelf, why would someone buy yours over his".  The answer was illuminating.  

Because,  he said.  "Mine would be half as expensive".  So in writing  his patent application , the emphasis was not on the spray can on a pole, but on the features of his invention that made it half price.

So if you see your invention in a store or online,  buy one.  Then compare it to your invention.  If its as good or better than yours it may be time to do something else. but if it is not as good or has flaws that you can improve upon, then you may still have a patentable invention.

The item you saw in the store is  "prior art"  and you might have to pay the owner a license fee if you patent an improvement, but its possible he didn't patent the idea or the patent has expired or he might be willing to cross license with you. And if you need more  help finding out if your idea is novel, just contact us using the information below.

email  rblazey@businessmetamorphosis.com 

or  give us a call at  (585) 520-3539  

to rblazey@rochester.rr.com or

 visit our website at www.RochesterPenguinGroup.com

 or call us at (585) 520-3539