Forums: Discussions for entrepreneurs and small business.

I`ve been told by my attorney that my product that I`ve developed for market
will not be able to be secured by a utility patent because of the fact that it is
existing technology just repackaged for some other use. How would i go
about protecting it at this point from fast moving competitors? I`ve already
filed a trademark application for the name.

The only thing I can think of would be to secure supply agreements with
major retailers and launch simultaneously through as many channels as I
can. Please advise. Thanks

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Sean Brennan
President & CEO
JDM Innovations

There are several ways to "protect" your IP. There are also some strategies that will provide some "barriers to entry".

If your attorney didn`t offer any suggestions - I guess I`d get a "second" opinion from one who can/will give you some guidance. I can recommend someone - just send me a private message.

 

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I agree with Robert.  Intellectual property laws can be very complicated and appear to be interpreted differently by different attorney`s in the field.  A second or third opinion couldn`t hurt.

How do you protect a product that is not patentable? How would you create
barriers to entry for competitors that might knock-off your idea? I`ve
already TM the name and logo.

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Sean Brennan
President & CEO
JDM Innovations

have deep pockets for litigation.
I`m not lawyer, but I don`t think you can protect a product that is not patentable. If there is not patent anyone can readily manufacture the product.

The ways I know of to create barriers to entry are mass brand name recognition, advertising and more advertising. But all of this usually takes money - if the idea is good enough people will try to knock-off the idea. I can give tons of examples:

Coke - Pepsi - RC Cola
Creative MP3 players - Apple Ipods

I would spend my time and effort getting the product to market. IMHO too many people put an emphasis on patents and trademarks and think they have the worlds best idea - and don`t focus on the marketability and determining if people really will purchase the product. But that`s my own opinion.


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