united-states intellectual-property international european-union patents
If I don&#39;t patent my invention, how closely can a competitor copy my product?
<h2>Introduction:</h2>

<p>I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving that product in certain ways) is patentable according to all the stuff I read about patents. But patents are really expensive: My primary market would be western Europe (member states of the European Patent Convention) and possibly later the US, that would cost a 4-digit USD amount upfront and in total a 5-digit amount within a couple of years, as far as I can tell.</p>

<p>So I'm evaluating the possibility of just keeping my invention secret until I'm ready to sell a product based on it and then publishing the full details to make sure no one else can patent it.</p>

<h2>Question:</h2>

<p>But when I'm selling such a product: Would competitors need to design a new product based on my idea, involving all the prototyping and too easy to patent but still not trivial problems - or would it be legal to take my product apart, put the parts in a 3D scanner and produce the exact same product? Where is the border between what is allowed and what not, exactly?</p>

<h2>Hypothetical example:</h2>

<p>Say I found a new method to make car chassis more aerodynamic. There are certain equations and methods which are applied during the development process, and to keep anyone else from patenting them, I publish them (in my case, the invention is obvious from the final product). Are the competitors allowed to take the chassis I developed and use that, or do they need to design their own using my methods?</p>

<p>Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them.</p>

<p>It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your chassis is designed with functionality in mind, it will also embody an aesthetic design.</p>

<p>That said, enforcement of patent rights (or any other rights you might hope protect your chassis) is orders of magnitude more expensive (typically millions of dollars) than merely obtaining a patent. Thus, even if you do obtain protection for the chassis design or the method of designing it, your budget may make it impractical to effectively take advantage of those protections, unless a law firm is willing to take the case on contingency.</p>

<p>Just as an idea, you can <em>apply</em> for a patent, which is much much cheaper than going through the full patent process. This will give you <em>some</em> protection - you may be able to get a patent by finishing your application when someone starts copying. But you should consult someone with good knowledge of the patent process to find out the exact cost and the exact protection it gives you. </p>

<p>So here is how you do it according to the playbook:</p>
<ul>
<li>You make a market analysis first (which you probably did) and write your business plan</li>
<li>Then you build the prototype (which you are doing now)</li>
<li>You file a patent with help of a good patent lawyer (assume 3-4k USD, not 100% on that number), probably US and EU (there is also a provision you can file in another country in a certain timeframe after, get the advise of the lawyer). Spend as little money as possible for the patents</li>
<li>Immediately after filing you try to get funding for your startup. When they ask you in the pitch about your product if you have patents, you only say 'we filed a patent'. Not more, not less (except if they ask more details)</li>
</ul>
<p>Then get the funding, and go sort of big. You cannot launch/produce/make a product with 100k. You need 500k, probable 100k-200k for going from prototype to product and 300k marketing (sales team, advertisement)</p>
<p>Well I don't know your market, so take this all with a grain of salt, but launching a product is expensive (especially if you worry it can be copied, you need to get big enough fast so you can fight/or it doesn't matter if then your brand is stronger than the current players)</p>
