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Selling a non-patentable product?

 
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jessieb578

posts: 22

Jul 23, 2009 2:48 PM ET    Quote  Report Abuse
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I posted this in another forum but I`m thinking it should have gone here.
 
So it`s my understanding that some things cannot be patentable which are basic in nature, like a standard broom, a jump rope, etc.
 
The item I`d like to sell is just like this, it is a silicone bracelet (think LivStrong) that I will be buying from a manufacturer in China.  Is there anything I need to know about purchasing something and selling/marketing it in my name under my business?  This bracelet will have my logo on it to distinguish that it is mine. 
 
Just wondering how this would work.
 
Thanks,
Jessica


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patentandtrademark

posts: 1332

Jul 23, 2009 3:27 PM ET    Quote  Report Abuse
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ask your lawyer about trademark protection.

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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
CraigL

posts: 9051

Jul 26, 2009 4:38 PM ET    Quote  Report Abuse
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We sell signal flags, which are in the public domain. They`re the flags used by ships to communicate back and forth. Each flag represents a letter of the alphabet, and each one is a standardized pattern and set of colors. They`ve been around for 300 years.

The one advantage we have is that nobody can shut us down for infringing on their patent or trademark. Anyone is free to make and sell these signal flags.

What we quickly discovered during our proof-of-concept stage, is that it isn`t at all easy to make these flags in a quality way. So we had to discover and invent all sorts of things. Each of those might be subject to a process patent.

But what we learned, here on SuN, is that when you file a patent application you must disclose the secret things involved that you`re trying to protect. Others can view the application and "borrow" your methods. Then you have to go broke suing everyone else.

We decided that the more people who decide to copy our idea, the larger the public awareness field. The more people who become aware of the flags, the more who would be searching to buy them.

From there, we have longevity, quality, price, and customer service on our side.

So the bottom line is that we believe we have several major advantages to selling something that can`t be patented.

By the way, I`d wonder if there`s such a thing as a standard broom or jump-rope. They`ve maybe been around for lots of years, but they`re not "found in nature." Someone had to invent them. :-)
CraigL2009-7-26 16:39:27
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