Forums: Discussions for entrepreneurs and small business.

I have done reviews and testing of the product with friends, family and the target market. This is what I am basing the changes on.

I am still going back and forth on patenting right away. I know we will be making changes in the first couple of months and would like to see the prototypes before I am dead set on the design.

I will be speaking to my lawyer about this.

I don`t think it is patent infringement when a company is manufacturing a product and in essence "private labeling" it to you. They own the molds so they must own the patent, if they have one.

I will probably have my own molds created, so in this case we would look at patenting.

Just because you have your own molds made does not relieve you of any infringment.  What are you going to patent?  By these discussions, it`s only been a change in the shape.  I assume you have met with a patent attorney in person.

Be careful.  If you enter into a private label arrangement with them and then say "see ya" when you have your own tooling, if they do not have legal recourse, I can almost bet they would enter into the US market and compete against you.