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Can I get a patent on my own invention that has already been on the market for 3 years.

maddox60's Avatar

 I invented a product three years ago but it doesn’t have a patent can I still get a patent .

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magurn's Avataren_staff_badge

Hi Maddox!

The Edison Nation team cannot provide legal guidance on patent matters. In this case, much has to do with disclosures of the product. We would suggest you speak with a patent attorney to work out a strategy for your product.

Best of luck!

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gru's Avatar

Maybe, maybe not.

If you disclosed it to a company or in a public forum, probably not. If you haven't disclosed it at all, you can easily submit it right here (You don't need a patent to submit it to EN). Either that or file a provisional patent ASAP so you have at least a year of perceived ownership and then proceed with licensing, manufacturing,  patenting, etc.... yourself. 

Oh, and even if you've disclosed your idea in public, any improvement you've made to the idea is also patentable. Furthermore, any method that achieves the same goal/function is also individually patentable.

Chase Fisher
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