I came up with an idea several years ago and developed it to the stage of production and sales. I would now like to patent it due to the fact another competitor has started manufacturing it and selling it too. I read somewhere that you cannot patent an item you have already sold and continue selling

Just wording if thats correct and if so is there another avenue I can explore


1 Answer 1


In the US you have a year grace period after your invention is made public, published, sold etc. to file for a patent it.

In most of the world you don’t get that but need to file before e posing the invention.

If you have established a trademark that can help but trademarks are off topic here.

  • So I totally messed up by not patenting it within the grace period
    – Oden
    Aug 22 at 12:33
  • 1
    @Oden Yes, you can't obtain a patent. That said, it is possible there are reasons your invention might not have been patentable so don't beat yourself up.
    – Eric S
    Aug 22 at 16:57

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