Forums: Discussions for entrepreneurs and small business.

A patent on your product would not be a bad idea.  However, patents are pretty specific and any minor alteration by a competitor and they are not in violation of your patent.  There are restrictions on use, etc. and the more unique your product is, the more likely you could uphold your rights in court.  Another thing to do, if you are planning to have someone else manufacture this product, is to request that the manufacturer sign a non-compete nor disclose statement that is applicable for a fixed period of time.  Some companies will sign these, others will not.  Good luck!

Good idea on the non-compete/nda. Thanks for the reply, however I have a question:

I thought a patent was for a `process`? Given my example, this wouldn`t be a new process to make the Christmas ornament, but it would require a new mold (or whatever is used to make the shapes). Given that, would it still be patent-able?

Talk with a patent and/or trademark attorney. We`ve had a number of discussions about this in previous topics, and it`s a whole lot more complicated than it appears on the surface.

Would you patent a "ball?" No, because it`s not unique. Would you patent the process of putting logos on your ball? How? Is the process unique, never before accomplished by anyone? 

Would you trademark the logos that already are trademarked by the owners of the logo?

An attorney specializing in patents and trademarks and copyrights would be the best solution here, I think.

Consult and be prepared to pay a patent attorney.  I disagree that it is always the case that "patents are pretty specific and any minor alteration by a competitor and they are not in violation of your patent."

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

How much, ballpark, would I be expected to pay a patent attorney? I know that fees vary, but just a close guess would help me budget.

I would say to get started  you are looking at a min. of 400.00 in his fees plus another 100.00 fileing fee, as the process moves forward the price goes up. The last pattent I did to protect a new program cost just under 5,000.00 and that did not cover international.