Protecting your banana invention - missed patent opportunities?

I enjoy working with a wide variety of clients, including startups, SMEs, Universities, and large corporations, mainly involving chemical and mechanical inventions.

That said, I do have a soft spot for helping first-time inventors. The person or company that has a great idea and would like to bring it to market but they are not sure how to go about it. I suppose this comes from a background of being a research chemist with many ideas, completing a PhD, and undertaking two postdoctoral research positions before becoming a patent attorney. Fundamentally, I am excited about new ideas and enjoy understanding the science behind these ideas. I also find it rewarding to support those who come up with new ideas, especially those who require the most help, like first-time inventors and startups.

From personal experience (explained below), I know that most people are confused about the patenting process, its costs, and the steps involved, and there are many misconceptions out there.

During my postdoctoral research with Professor Maitland Jones Jr. at Princeton University in 2001, I had this idea about a banana protector. Of course, my idea had nothing to do with my research project involving reactive intermediates and physical-organic chemistry. Ultimately, I did not try to patent my idea, mainly because, at the time, I was unfamiliar with how to do it, and patent law was not on my radar. Additionally, the internet was relatively young, and the information that I could find was confusing and often conflicting (some things never change!).

Looking back, what would I have told my 25-year-old banana-eating self? Simply contact your local patent attorney and seek advice. Most patent attorneys will offer at least half an hour of free consultation to discuss your idea, enabling you to make a more informed decision based on their advice.

Want to hear my banana idea?

Visualise only the bendy bit of a disposable plastic straw (image on the left), but imagine it much, much bigger (and without the rest of the straw). Big enough to accommodate a banana inside. Once a banana is inside, the straw will protect the banana from a crushing force, and it can be bent to accommodate the shape of even the curviest of non-EU compliant bananas. But the best bit was that when you were done with the banana, the bendy concertina section could be collapsed down, making it smaller and less bulky to transport (image on the right). I even had a great name that I thought I could trademark at the time, ‘Banana Armour’.

At the time, in 2001, the only ‘prior art’ banana protector I could find was a bulky, rigid yellow boomerang-shaped hinged plastic case, and I thought my idea was an improvement on that.

Is my idea still patentable now? No. This whole post is a public disclosure, so it is now part of the prior art. A few years ago, I saw a similar idea being sold on the internet, which would now also be prior art. Was my idea patentable back in 2001, and would it have been worth the expense? Well, that would have been something I could have discussed with my friendly local patent attorney (like me).

If you are an inventor, regardless of the technical field you work in, and you have an idea that you think is patentable, then contact your local friendly patent attorney and get some advice. I would like to add that inventors often undervalue their creative expertise because they think their brilliant ideas are obvious (to them).

 At Stratagem, we can provide you with patent advice. If you would like to speak to one of our Patent Attorneys, please email us at mail@stratagemipm.