Forums: Discussions for entrepreneurs and small business.

Say I decide to make a product, but it is not patentable.  Is it still possible to license the product? Or is this something that can only be done with things that are patented?

Hello NYinNC!  This is not an answer to your question, but out of curiosity, why is it not patentable?  Is it Trademarkable or copyrightable?

-------------------------

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
                                                                                                    

I am not 100% positive that the idea isn`t patentable, but based on some research I`ve done, I think it is not a unique enough idea to be considered patentable.  Even though there is no existing product out there on the market.  Out of curiosity, can something get a patent if there is already a similar patent, but there are some differences? Kind of like a combination of 2 patents?

Depends on how similar.  There are most certainly ways to manufacture around patents.  You`ll have to look at the claims of the 2 existing patents to know for sure.  You can do that at www.uspto.gov

That is also where you would start your patent search to make sure you are no infringing on someone else`s.  Just because you don`t see your product on the market doesn`t mean someone doesn`t hold the patent to it.  Only 3-5% of all patents make it to market. 

Best Regards

-------------------------

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
                                                                                                    

I have done some searches on patents before and have found a patent that is similar, but functions in a different way even though one of the outcomes is the same. (if that makes any sense!)  One of the ingredients is the same.  I guess I could phrase it by saying that I have added an additional outcome to this product. Part of the existing patent that I found involves how the product is dispensed.  That wouldn`t be anything that would need to be involved in my idea if it were to be patentable.  Since I`ve found some simliar types of patents, this is part of why I feel that the product idea I have might not be patentable.  There`s so much info out there on all this stuff, that it gets kind of confusing after awhile! 

Thanks for the replies, GrillCharmer!

It is VERY confusing!  The only way to tell is to sit down w/ a lawyer and talk it out.  I don`t know about where you are, but here the local SBA has a list of professionals (lawyers, accountants etc..) that donate a free 30 min. consultation.  I would absolutely make an appointment w/ your SBA or SBDC and see if they can recommend a local patent attorney.  Good luck!

-------------------------

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
                                                                                                    

I`m in North Carolina in a major city here.  That`s a great idea to check into seeing if anyone offers free consultations.  In these consultations, do you think they`d give you a good enough idea of whether or not the idea has potential to be patented?  I also do happen to know a lawyer (although not a patent attorney) who until last month lived in the area.  So I should probably ask her if she knows any good ones!

It`s most certainly your best option.  You have nothing to loose!

-------------------------

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