Find us elsewhere
Join Now Member Login

To Patent or Not?

 
New Topic
Post Reply
Follow Topic
Page of 1
  • Author
  • Message
 
CRYSTALMARIE

posts: 16

Jul 24, 2007 12:31 PM ET    Quote  Report Abuse
Points: 0   Vote
I spoke with a contract manufacturer today regarding my formula.  My intention was to start with a provisional patent and go from there.  His thoughts were not to patent at all.  He did say this was only his opinion but it was this. -  That when you patent an over the counter drug it sends up red flags to the larger companies and they will and do replicate and sell your product.  I understand that even with a patent that can still be done, you just have legal grounds to fight it.  He thought it would be much better to try to saturate the market with the product while establishing brand identity to create a following of customers while remaining under the radar.  Does anyone have any opinions on this?
GrillCharmer

posts: 621

Jul 24, 2007 3:03 PM ET    Quote  Report Abuse
Points: 0   Vote

Hello Crystalmarie!

If money is not a huge factor, why not have a patent for the "warm fuzzy" AND saturate the market?  Provisional patent applications aren`t even really looked at, much less published so I`m not sure how a red flag would be given to the big companies? 

GrillCharmer2007-7-24 20:23:37


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

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
                                                                                                    
CRYSTALMARIE

posts: 16

Jul 24, 2007 7:49 PM ET    Quote  Report Abuse
Points: 0   Vote

Thanks Leslie.  I could use a "warm fuzzy" after all this work.  I think his red flag response was with an actual patent.  I prefer to start with the provisional though.

GrillCharmer

posts: 621

Jul 24, 2007 8:25 PM ET    Quote  Report Abuse
Points: 0   Vote
No prob!  That is just my personal take on things.  There are some great patent attorneys on the board who I`m sure will be giving you some input soon. 

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

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
                                                                                                    
patentandtrademark

posts: 1332

Jul 25, 2007 9:06 AM ET    Quote  Report Abuse
Points: 0   Vote
despite what some might predict, i don`t think all new inventions should be patented.  a key decision is whether copying can be best deterred by legal means [e.g. patent] of business means [e.g. price, service, etc].  sometimes it`s both.

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

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
drvag

posts: 136

Jul 25, 2007 2:18 PM ET    Quote  Report Abuse
Points: 0   Vote

And sometimes as your case may be, by keeping the formula secret and guarded. 

Then create and execute a great marketing plan, build the brand and blow it out there.  Take market share.

CRYSTALMARIE

posts: 16

Jul 27, 2007 7:27 AM ET    Quote  Report Abuse
Points: 0   Vote

I checked into the trade secret act/ laws for my project & I think I have that option also.  Based on my experience with this venture, I know you can do anything if you want it bad enough (at least that`s what I keep telling myself).  Meaning if they want to replicate it, they`ll find a way.  That in mind, I`m going to have to pull the trigger and take a chance either way.  If I file for a provisional, I get a year until the formula is out there.  If I use trade secret, I`ll have until they see me as a threat?

Page of 1
Post Reply
 
.
Advertisement

Keep the Community Clean!

  • StartupNation forums should be used as a platform to learn, educate others, share stories, tips & tricks and to provide constructive feedback.
  • Please do not use the Forums for advertising & blatant self-promotion.
  • Please be respectful to other members and refrain from personal attacks and vulgar language.
  • StartupNation reserves the right to delete any message, reply, and/or member who violates our terms of use.
Read full terms of use
Advertisement
Advertisement
Advertisement
Advertisement