I make a walking jacket for the disabled. A clinic now wants one, should I get a patent?

Yes, you should consult with an IP lawyer to see if you can patent this. You've probably delayed much too long, since you state that you developed it 15 years ago, but maybe you've used a trademark to identify your product, and you could protyect it that way. Your liability issues cna be addressed through using a separate business entity, using disclaimers, and getting appropriate insurance. Make an appointment with an IP/business lawyer to disclose all the facts of your situation and get some specific advice.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I agreed completely with Ms. Koslyn. In addition, it appears that you may have lost any right to patent your invention because it appears to have been disclosed publicly without obligation of confidentiality.

I suspect, however, that loss of patent rights is not such a big problem because, even if a patent were granted, the cost of litigation to enforce it would be prohibitive. Furthermore, from what I know about successful PTs - my wife has been one in the Bay Area for about as long as you have - they are far more inclined to want to heal their patients than to fight third parties.

That said, I agree that it would be worthwhile to see how your invention can be exploited for your financial benefit without a patent. Perhaps you can achieve market success by being the first to market with the best product, and developing a catchy name that (a) you would protect by trademark (please see the first link below) and (b) for which you would obtain the corresponding company name and Internet domain-name rights (second link below).

However you proceed from the legal perspective, you should make sure that you have adequate professional liability and commercial liability insurance.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

You may have "dedicated" your idea to the public after the first year of commercial use, assuming there was such use. However, depending on your specific facts, there might be a slim chance that your jacket wasn't disclosed in the manner that legally triggered the "one year clock" in the U.S. for filing a patent application after public disclosure; e.g., perhaps the manner in which you used your jacket might be construed as "experimental use."

Also, if you have made improvements to the original design, your "clock" may only have started running since the last improvement; in other words, you might still be able to file an application on a "new and improved" jacket (although your original version might be used as "prior art" against a patent application for your new version).

As you see, you should consult a patent attorney to go over the specific facts of your situation before ruling out a patent application. Regarding liability, if you are not incorporated, you should investigate that option right away with a competent California attorney.

Per the Avvo Terms of Use, this does not constitute legal advice or establish an attorney-client relationship. Consult an attorney for legal advice.

No. If you have a working product, I feel that your money is best spent on commercializing and marketing your invention. True if you have a patent a competitor cannot copy your invention, but they can design around it too. Additionally, If have patent, do you have the money to enforce it? Patent litigation is often referred to as the "sport of kings" becuase it is so expensive. I reccomend that you defend your invention by builing market share.

As stated before a trademark would be a good idea. I would also recommend setting up an LLC to seperate your personal assets from your business assets. Insurance is imporant too. Once you start making money and getting your product into the market place, I'm sure other ideas and demands will come up that will be patentable.

Good Luck!

Disclaimer: the information provided herein is provided for informational purposes only. It is not intended to be legal advice or a legal opinion, or to be a substitute for legal advice or a legal opinion. Nor does author expect or intended that the reader will rely on the information provided in any legal matter at bar either ether currently or in the future. It strongly recommended that questioner seek legal counsel for a legal advice or an opinion on the subject matter discussed herein.