I learned yesterday, from my patent attorney, something I SHOULD HAVE had explained to me a year ago. Or I should have researched the whole patent infringement thing myself, until I understood. I AM blaming myself, but I'm also blaming my patent attorney.
I thought that the patent holder could sue anyone who copied any part of his design. That's wrong. One can only sue for infringement, only IF the copier copies every claim of claim #1 (the summary) of the granted patent.
This means that the Toaster Mate can be VERY EASILY pirated. Another company could make a toaster accessory that looked different, maybe had horizontal groves or didn't have the slots up through the lower section, or even looked like a waffle. I could not touch them. Hence the reason why no company would license or buy my patent. It's not worth much.
A couple who owns a small ceramics business in Ft Worth, wants to make Toaster Mates. They will sell for $15 retail. She will pay me $00.50 for each one she sells, after the first six months. She wants to make them, and I hate to see the whole idea die. I'm sure - if the Toaster Mate is a success - some big company will have them made in China and flood the market, but for now Jill wants to make them, so I told her OK.
I still believe the LORD is going to bless me through this process, but maybe not in the way I first imagined. I know that when all seems lost, that is when HE likes to act - just so we know that we had very little to do with the success. Abraham waited 15 years from the promise of a son, to the birth of Isaac. I must be patient. Rachel