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New Usage of product
by PS Technics » Wed Feb 27, 2008 10:04 am
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I'm new to this invention thing...so, be gentle with me. lol...like being a 'gentle' person is going to help me get my product into the market.
Ok. Here goes: Can I protect the 'usage' of a product that is already being manufactured for a different purpose? All that I would be doing is marketing their product for a different usage than is currently available...adding a name, package, and then finding a distributor for like products. I've been concerned that I'm sharing too much of how the product will be used when I talk with scientists and manufacturers. Question: is there a way to patent the usage or is the first one to infiltrate the market the winner? thanks! PS
Ok. Here goes: Can I protect the 'usage' of a product that is already being manufactured for a different purpose? All that I would be doing is marketing their product for a different usage than is currently available...adding a name, package, and then finding a distributor for like products. I've been concerned that I'm sharing too much of how the product will be used when I talk with scientists and manufacturers. Question: is there a way to patent the usage or is the first one to infiltrate the market the winner? thanks! PS
by Average Inventor » Wed Feb 27, 2008 12:11 pm
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Average Inventor - Brown Belt
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PS Technics,
You would need to make sure the new use is not obvious to one who knows the area of science (the art). Also I would say you would need to incorporate a definable difference (a new addition) that adds usefulness to be able to get a utility patent on the idea.
As far as using a toothpick to simulate a breathright strip... (for example) NO you can't get a patent on that. If you use an exact copy of a patented product for a different use you cannot get a patent just because you figured out another use for that invention.
You would need to make sure the new use is not obvious to one who knows the area of science (the art). Also I would say you would need to incorporate a definable difference (a new addition) that adds usefulness to be able to get a utility patent on the idea.
As far as using a toothpick to simulate a breathright strip... (for example) NO you can't get a patent on that. If you use an exact copy of a patented product for a different use you cannot get a patent just because you figured out another use for that invention.
by Average Inventor » Wed Feb 27, 2008 12:12 pm
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Average Inventor - Brown Belt
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PS Technics,
By the way good question, and welcome to the iSpot forums!
By the way good question, and welcome to the iSpot forums!
by makeworldbetter » Wed Feb 27, 2008 1:58 pm
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makeworldbetter - Black Belt
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Yes you can patent a process and get a patent, yet having a patent doesn't give you right to infringe others IP.
Say you invented a new base ball game that still using bats, gloves and balls. If a new professional league is developed base on your patent. Great! You can collect royalty from them; but you won't be able to collect royalty on bats, gloves or balls.
Say you invented a new base ball game that still using bats, gloves and balls. If a new professional league is developed base on your patent. Great! You can collect royalty from them; but you won't be able to collect royalty on bats, gloves or balls.
Getting closer
by PS Technics » Wed Feb 27, 2008 2:51 pm
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How about this example.
A manufacturer holds the patent on a small FAN fan that one can placed on a desk to provide cooling to a worker. The employee thinks...I would like to use the FAN for a different purpose......and because he is bored he turns the fan to point upwards and attaches one of his socks, which catches the breeze and makes this funny dancing structure for his visual enjoyment. THIS IS NOT THE INVENTION....BUT.
In our example. The manufacturer will provide their fans and we will add styles of wind sock attachments....packaging the fans and socks, in labeled boxes for consumers.
So, how, or can, I protect the usage of the fan/sock contraption?...OR is the first one to market the winner? Thanks again! Baby steps....PS
A manufacturer holds the patent on a small FAN fan that one can placed on a desk to provide cooling to a worker. The employee thinks...I would like to use the FAN for a different purpose......and because he is bored he turns the fan to point upwards and attaches one of his socks, which catches the breeze and makes this funny dancing structure for his visual enjoyment. THIS IS NOT THE INVENTION....BUT.
In our example. The manufacturer will provide their fans and we will add styles of wind sock attachments....packaging the fans and socks, in labeled boxes for consumers.
So, how, or can, I protect the usage of the fan/sock contraption?...OR is the first one to market the winner? Thanks again! Baby steps....PS
by Scrupulous » Wed Feb 27, 2008 11:04 pm
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Scrupulous - Black Belt
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In your strict example, you probably could not protect that...since it makes one think of those big ol' fan dudes you see off the highway, to attract attention to the store. That would make your miniature version obvious.
(That's just if that was your example.)
(That's just if that was your example.)
I'm moving this topic to the appropriate forum.
by PS Technics » Thu Feb 28, 2008 9:25 am
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Sorry for posting this topic in the wrong forum. I'll begin a new string in the patent area.
I sure wish there were a local club where someone could have everyone sign a contract for silence and there get help from like inventors who have been there and done that.
This site has encouraged me...and yet has stressed to me the many hurdles associated with bringing an idea to market. I can only imagine all the awesome ideas that have gone by the wayside or merely sit in peoples minds because the process is too confusing to the newbie..thus nothing is done...nothing.
I see these...to me, stupid, ideas that come to market and I think..'My idea is better than that idea - how did they get their idea to market?'...but they had someone to encourage them, to help them along by pointing them in the right direction.
Just yesterday i called an Inventors Trade Show...of the 6,000 booth presentors only 10 presentors have made their 1,295-1,795 booth fees back on their inventions!!!!! Yep, I asked how many actually benefit from displaying their information and have their product seriously looked at....and those were the numbers the trade show operators shared with me.....10 over the last 4 years of trade shows held once per year! So...lol...what are my chances!? I'm not giving up....yet.
I sure wish there were a local club where someone could have everyone sign a contract for silence and there get help from like inventors who have been there and done that.
This site has encouraged me...and yet has stressed to me the many hurdles associated with bringing an idea to market. I can only imagine all the awesome ideas that have gone by the wayside or merely sit in peoples minds because the process is too confusing to the newbie..thus nothing is done...nothing.
I see these...to me, stupid, ideas that come to market and I think..'My idea is better than that idea - how did they get their idea to market?'...but they had someone to encourage them, to help them along by pointing them in the right direction.
Just yesterday i called an Inventors Trade Show...of the 6,000 booth presentors only 10 presentors have made their 1,295-1,795 booth fees back on their inventions!!!!! Yep, I asked how many actually benefit from displaying their information and have their product seriously looked at....and those were the numbers the trade show operators shared with me.....10 over the last 4 years of trade shows held once per year! So...lol...what are my chances!? I'm not giving up....yet.
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