Hi Lisa,
I have my idea and consider it unique. Yes, there are similar products out on the market but nothing that is identical to my version of the product. So lets get to my questions

1) When you file a patent for a specific idea and the patent is approved, does this create what could be considered a monopoly of the market for this specific product/concept? If so, how would you explain for example a DVD p_layer_. Someone obviously came up with the idea for a DVD p_layer_ but there are 10+ manufacturers that produce and sell them. Is there one specific person that holds the patent for the functionality of a DVD p_layer_ that is reaping all of the licensing royalties for every DVD p_layer_ that is sold? I've also heard that electronics are not patentable, is this true?

2) If there is a patent that exists that is similar to an invention idea, is there a way to file a similar patent for the same concept that is not identical to the existing patent? Can there be variations? Let's say that I have a garden rake. All garden rakes solve one simple solution, moving leaves. Could the design of one be different from the design of another and hold a patent?

3) In what type of situation is a patent necessary? Would it be too risky to put a product that you've created out to market without filing a patent? Truth be told, someone definitely could take your idea, change one thing and get away scott free, right?

I definitely have other questions and these may be quite elementary to you but certainly answers that mean alot to me coming from someone that has 'been there, done that' rather than reading a confusing book or article that doesn't specifically answer your questions.

Thanks, David

Wow! Let's see if I can break this down. I must warn you, I could probably write a book around these great questions, but obviously this is not the place. If you don't feel I have answered clearly, feel free to post again!

1. Yes. it is the last legal monopoly in the US. The only part that is wholy owned by the inventor is the part(s) that the USPTO decides on, and even then, it is only for a period of time (17 years for design patents, 20 for utility) In the example of DVD p_layer_s, it is likely that whatever was patented originally has run out and that basic technology is now in the public domain and anyone can make and sell it. I'm not sure why someone would say that electronics are not patentable. Why don't you test that theory by clicking on the "Patent Search" _link_ on the left and type in "electronics".

2. This is a little more complicated. The tests for Patentability are New, Useful and Non-Obvious. When you read the claims you can see what the USPTO has decided to give that person the monopoly on If your idea is not obviously covered by those claims, then you may have something. there is a LOT more to it, but that is the general idea.

3. Anyone can do anything. The purpose of a patent, in my opinion, is to create a barrier to entry for your competitors. If you intend to license, rather than make and sell your invention, then it will require at least a patent pending. At the end of the day though, you are right, crooks will do what ever they want. It will be up to you to enforce your patent rights if you end up obtaining them.

I hope that helps. These are GREAT questions and I am very happy to drill down on them if you would like more elaborat answers. Best wishes for your success! Lisa Lloyd