When the government of the United States of America grants intellectual rights to an individual, it issues him or her with a patent. The USA government issues patents to prevent infringement of an inventor right to a novel idea thus, promoting science. A patent is a monopoly to the inventor of an original idea.
According to Gibbs and Dematteis, the three general forms of patents include utility, design, and plant patents (4). USTPO gives plant patents to any person who asexually invents a new plant. Design patents are granted to individuals who come up with a product for manufacture that is new and original. Individuals who “invent new processes, original product for manufacture, new improvement of a product already in the market, and new composition” (Ginns and Dematteis 5) get utility patents.
The product road mapping method of new product ideas defines reinventions and improvements made to product over its life cycle since inception to the stage it is in the life cycle. This helps in identifying potential improvements to the product to come up with a new product idea. Using this method, we come up with a new product idea for a fridge with a water and ice dispenser. Obtaining of a patent is prerequisite before turning the idea into a product.
When investigating patent right for a new product idea, the applicant should use the United states of America Patents and Trademarks (USTPO) website and database. The applicant should start by finding out whether the product idea has any prior patents registered. Finding prior patents is achievable by searching the USOTP database for registered patents.
The applicant should then determine the nature of patent suitable for his/her product idea. The applicant determines the filing strategy. If the inventor of the idea wants to patent the product idea globally, he or she should seek the provision for international protection offered under the utility he or she wants to patent.
However, if the inventor wants to obtain a patent for his/her product just in the United Stated of America, s/he should determine whether the patent would just be on a provisional basis or non-provisional. The applicant then determines if registration of the patent will be in the inventor’s name or an agent. An examination and application fee is prerequisite before issuing of patents. After the applicant meets the requirements, USTPO grants him or her with a patent.
The new product idea for a fridge with ice and water dispenser is not possible because patents issuing already happened to other inventors, who were the originators of the idea, as shown in attached document. The idea would attract a lawsuit if a patent filled for the idea for a fridge with a dispenser.
This act is an infringement of the inventor’s rights to his or her patent. The applicant should carry out an assessment of rights covered by patents and the validity of the rights of the patent already issued and then modify he product idea of fridge with a water dispenser to fall outside those rights.
If it is not possible to invent a modified product idea that would allow manufacturing of the fridge with a dispenser without attracting an infringement lawsuit, then the production of the fridge is still possible after obtaining authorization rights. The owner of the patent can allow manufacturing of the fridge after the issuance of a license.
Gibbs, Andy, and Dematteis, Bob. Essentials of patents. New Jersey: John Wiley & Sons, 2003. Print.