Legal Question in Business Law in Illinois

I built a machine for commercial floor care. I can not afford to get a Patent or Legal advice. Can I build It and sell it?


Asked on 11/25/13, 7:07 am

1 Answer from Attorneys

Sure, that's the "American way", but where are you going to get the money to do that? And if anyone comes along, likes it and decides to start producing them and selling them for less? Plus, today if the product COULD injure someone and it does, you'd be PERSONALLY liable for injuries if you don't have the proper protection -- corporate or similar set-up, warranties and disclaimers (with limitations under federal law...), insurance, etc. You might want to think about selling the idea to a company that manufactures such products in exchange for royalties, but they would own the patent. And I wouldn't do that either without help -- they could buy the idea and then shelve it forever, shutting you out completely, or you might not get a fair royalty....If you are the "idea person" and you have a trusted friend who can be the "money person", maybe you should consider some kind of partnership/joint venture to get it patented, or at least find out if it is patentable. And by the way, if your idea is already patented and the holder finds you making what is essentially under his patent, you could be liable under what's called an "infringement" action, which could be worse economically. Lastly, before you do anything you could attempt to research the US Patent Office yourself, and work your way through it, or find a reputable company that will do that for you and seek out a patent on a contingency, but again beware they will want a piece of the action and disreputable companies could "steal" your idea one way or another.

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Answered on 11/27/13, 9:53 am


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