Not every idea leads to a successful patent—even if it could save lives. In this story, Gary Shuster, a seasoned inventor, shares how he devised a child-safety invention that couldn’t be patented due to existing prior art. Below, we explore the concept of recognizing when it’s wise to walk away.
1. The Child-Safety Invention
My idea was simple: a proximity detection system for toddlers.
- How It Works
- A parent carries a transmitter.
- The child’s shoes contain receivers.
- Once the parent and child are too far apart, the shoes vibrate, prompting the toddler to stop.
- Goal: Prevent children from running into dangerous areas (e.g., streets).
2. The Role of Prior Art
- Why He Couldn’t Patent It
Prior art emerged from prison monitoring technology—similar inventions already existed to detect if a prisoner strayed too far. This overlap made Gary’s idea either obvious or non-novel. - Broad vs. Narrow Claims
Even if there were minor differences, broad claims covering the essential concept were already taken. Narrower claims often aren’t commercially viable because they leave limited exclusive rights. Another issue to watch out for is splitting licensing fees. If there are two patents covering a device, the licensee is likely to be willing to pay less money per patent than they would pay for a license to only a single patent.
3. Cost-Benefit Analysis
Filing and prosecuting a patent can be expensive and time-consuming. If the core concept isn’t patentable, the investment may not be justified.
- Weighing the Upsides: Potential market, social benefit, or licensing opportunities.
- Weighing the Downsides: Filing fees, attorney costs, and years of back-and-forth with little likelihood of obtaining valuable claim coverage.
4. Knowing When to Move On
One of the hardest lessons for any inventor is recognizing when a patent pursuit isn’t feasible. If prior art blocks the chance for meaningful claims, it’s often best to refocus resources on the next idea.
- Emotional Investment
Inventors naturally fall in love with their ideas, but being realistic can save money and frustration. Don’t fall in love with your inventions. Sometimes it just isn’t going to work. As the trite saying goes, “It isn’t you, it’s me (the invention)”. - Celebrate the Concept
If your invention mirrors existing technology, it means you’re thinking along the same lines as others. That’s a sign you’re on the right track creatively. If you learn that there is a pre-existing commercially successful product implementing your invention, that’s even more validating.
5. Sharing for the Greater Good
Even if you can’t secure a patent, you can still publish or promote your invention to benefit others—especially if public safety or social impact is a key driver.
Want More Details?
Check out the accompanying Innovation Cafe video for the full story and tips on making tough calls when you’re up against existing technology.