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Ideas that are not patentable

 
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DavidfDennis

posts: 1

Feb 10, 2008 12:45 PM ET    Quote  Report Abuse
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I have ideas for new products but I think that they are not patentable or would have a really weak patents. I know that there is endless information on bringing an idea/product to market but it starts with a patent.  Is there information out there that will help someone in whom would like to bring a product to the market without a patent?

Dave

GrillCharmer

posts: 621

Feb 10, 2008 1:51 PM ET    Quote  Report Abuse
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Hello there Dave!!
Take advantage of the free consultation a lot of patent attorneys give (especially if you go through your local SBA or SBDC) and get their advice on the patentablity.  Then if it truly is not a patentable product, I would take all the same steps in "bringing and idea to market" minus that one.  You can still have people sign an NDA.  It might hold much water, but it might help initially.   When dealing with non patentable products, just get to market fast and in a big way.  Build your prototypes, do your primary and secondary market research, do your business plan, find a manufacturer, design your packaging etc...  then GET OUT THERE!!!  Very best of luck!  keep us posted!


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Leslie
Founder and President
Charmed Life Products LLC
Grill Charms™… The MUST HAVE grilling accessory that is revolutionizing the American Cook-out AND The perfect gift for any occasion!
Grill Charms
                                                                                                    
randyb

posts: 5

Feb 10, 2008 9:53 PM ET    Quote  Report Abuse
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Hi Dave,
 
You can bring a product to market without a patent.  A patent basically excludes others
from making and selling your product in a country where you have a patent.  However,
if your product is not patentable because patents already exist for the products - then
you may be infringing.  If you are not infringing then you would be patentable and could
go to market - with or without a patent.  But you should, as Leslie suggests, get some
legal advice on your new product ideas before deciding what strategy you would like to use.
 


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Randy
Inventor-Strategies
KevDev

posts: 96

Feb 11, 2008 11:21 AM ET    Quote  Report Abuse
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A lot of folks have ideas for products that are new to them, but that have already been patented.

It`s always a good idea to do a basic patent search before spending too much time or money trying to protect something that has already been patented. You can run basic searches at the Patent and Trademark website. Plus, many libraries and universities can help folks out with basic patent searches, and it`s free!

Good luck!



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CraigL

posts: 9051

Feb 11, 2008 2:54 PM ET    Quote  Report Abuse
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Our product---navy signal flags---can`t be patented, they`re in the public domain. It isn`t the product that mattered to us, it`s the use of the flags to personalize a message. Aside from the complexities of making the flags, there`s the consumer education aspect.

With any competition, we`ll get the idea out into the world, educate people, and grow the market. Then it comes down to whether or not our flags are made better, or what they cost. We could likely patent some of the ways we use to make the flags, but then they wouldn`t be ours alone---someone would copy the methods, then we`d have lots of money down the drain if we wanted to legally stop them.

In many instances, "the more the merrier" is a valid way to improve the market and increase sales.
johnqh

posts: 113

Feb 15, 2008 1:04 AM ET    Quote  Report Abuse
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First, it is not "some ideas are not patentable". It is "ideas are not patentable", period.

You can patent something concrete - system, methods (lawyer talk) etc. Of course, you will try to make your claims as wide as you can.

Most patent firms give free first consulation. Take your invention to an attorney and talk it out. Maybe it is not patentable, maybe it is. It doesn`t hurt to discuss it with a lawyer.

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