Forums: Discussions for entrepreneurs and small business.

Hi everyone, Glad to have found this resource.

My question is;

I have an idea for a new invention that in a nutshell is converting an existing product for a new use in a completely different field. A bad but similar example would be;

Taking an ordinary kitchen mixer and replacing the beaters with scrub pads and selling it as a product to clean the toilet.

Difference is although there are powered toilet brushes there is currently no products in my target field that are used for my service and I basically realized i could convert or just redesign an existing product.

Is this type of product conversion and use in a completely different field able to be patented and trademarked?

Or will manufacturers see my idea and be able to convert they`re exixting product as well and flood my otherwise "only product of its kind and use" target field?

Hope this makes sense.

 

Thanks,

it depends on how different the use is and whether it would be readily apparent to others in the field

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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

The use is completely out of any spectrum of the products original design and almost makes the existing product do the opposite of what it was designed for but do this opposite action in a completely unrelated field. I would not only convert how the product works, I would change the original design as well to suit my need.

But basically it wouldn`t be too hard to figure out what the product was prior to conversion.

Does this help determine?

Kinda like turning a ball point pen into a spitball shooter and selling it.

You will probably need to pay somebody to actually look at the details.  Here`s a fictional example.  Suppose you spill a bottle of aspirin on your farm and your chickens eat that aspirin.  You find out that the chickens are suddently gaining weight faster than normal.  That may be a patentable discovery because it is not very predictable to think that an aspirin tablet used to treat headaches in humans would cause weight gain in chickens.  There would not even be a motivation to even try to feed aspirin to chickens at all.

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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

Point taken. What type of person would i seek? I know my product would explode because it makes a daily chore that is done by millions of people everyday quick easy and efficient. Imagine having a device that you stick your foot in and it tied your shoes for you.

Not to come off jimmy neutronish but my idea similar saving time and taking the work out of an unavoidable chore.

only a patent attorney could do that for you.  seek a local patent attorney.

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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

This comes down to the core principle of definition---the unique attribute. Law and philosophy often blend, and I think it`s even more apparent in this situation.

Consider your kitchen mixer turned power toilet scrubber.

If you hold that the essential and UNIQUE attribute of the mixer is the motor, then you have a problem. Anything with a motor would be considered a kitchen mixer.

But if you hold that the unique attribute is the beaters, then ANY motor that spins those beaters would work. So your new design would simply house the motor in a different type of handle, and not use 5 speeds.

The essential attribute of a ballpoint pen is the cartridge and rolling ball. It`s not the tubular handle housing the ink cartridge. However, the design, color, shape, and logos on the tube can be trademarked, I`d think, as they`re a "mark."

What`s the unique, essential attribute of your device? I suspect you may be thinking of the wrong thing.

Hello Thoney and WELCOME!  If you make an appointment with your local SBA office (find one at www.sba.gov) or your local Small Business Development Center (also found on www.sba.gov) they usually have a list of lawyers, accountants and other professionals that give at least a 30min free consultation for various aspects of starting a business, including IP attorneys. That is a great place to start!


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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
                                                                                                    

CraigL,

I think YOU might be looking st this all wrong. My question was simple revolving around stipulations on the conversion of one product into another.

The ball point pen tube for instance, they are avail with no markings so it could easily be converted into a spit ball shooter. However under close analysis it would be fairly easy to discover the "spitball shooter" is made from a pen tube.

this is the conversion of one product designed for a specific use into another product with a completely different use and purpose.I am trying to find out if the pen company once realizing it`s products new potential could make my life difficult because the new product is infact a converted product of their own?

Now do you have any advice on this scenerio?

 

Thanks