Forums: Discussions for entrepreneurs and small business.

Ok I hope you can tell I`m simply trying to learn the ins and outs as I go along here  I am a marketing person,  My job is to create programs that will make people want to purchase your products and services, but...  why would it make a difference if baking soda had been around a long time or not,  a method  patent is a method patent.  I didn`t realize it mean it the product is only x number of years in existance or less.   

As far as someone already having come up with the use before me I thought it had to do with who properly patented   first.  wasn`t  it A G  Bell who got the patent but there is an arguement that someone else actually invented first?

Just wondering how it works, if someone has the answers.

 

Michael T

Like a patent attorney would say, if you want the complete answer, go see him!
In the case of baking soda, should there be any infringers, their number would be simply too high for the purpose of an infringement lawsuit.

There`re books on numerous other uses of household products such as baking soda, vinegard, salt, soap, peanut butter etc...Reader`s Digest gave them out to sell their subscription.  Thus your particular use of baking soda may have been documented, although you don`t know about it.

I`ll tell you I have "new" uses for other household products too.  What I`m researching is a way to hide the secrets by mixing it in a special way to make the compound more usable, similar to people buy say vitamin D instead of buy cod and extract its oil to get the same vitamin D.



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I was only using baking soda as an example,

 it is nice to here someone as agressive as yourself in this field. 

 

We will talk.

 

Michael T

 I`ve been using an existing cleaning product for a unique use for about a year. It just dawned on me that there would be a niche market for this product if it were repackaged and sold for this particular use. I`ve searched the net and while I`ve found a lot of people asking if anyone knows of a good way to do what this product can do, no one has mentioned it. It works like a charm, and I`ve tried all of the other suggestions on line and none of them work near as well. I don`t know where to start however. I`ve contacted some of these "invention houses" and have been e-mailed confidentiallity forms, but haven`t done anything. I`m afraid that I`ll either wind up with a lot of expenses for something that is illegal to do in the first place, or they`ll steal my idea. I would have to buy this product, repackage it for this specific use, and sell it under a new name. Does anyone know if this is "legal" to do, and if so who do I talk to first ? ( the manufacturer, an attorney, one of these invention houses? I know this product would sell, as I`ve been searching for something to do this myself for many years. Any help would be appreciated greatly !

I don`t think you can repackage someone else`s product and sell it.

I would contact the manufacturer about it, or make your own version if there is no patent on it.

stay away from invention houses.  might be patentable if the new use is not obvious based on what is already known in that 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

Generally, yes, you can repackage and resell someone else`s product, although you`d want to talk to an attorney to avoid stepping on certain land mines that are out there.  For example, you probably shouldn`t use the other company`s name or brand name in your own packaging or advertising, because then, depending on how you use it, you might be committing trademark infringement.  nhgnikole suggested getting the manufacturer`s permission or making your own version if it`s not patented.  Those are good suggestions.  Otherwise talk to at least a trademark attorney before proceeding, and probably a tort lawyer too, to help ensure that you`re not setting yourself up for someone getting injured by misusing the product.  BTW, you can also obtain a patent for a new use for an old product.  Good luck.

Thanks for the advice. My concern with contacting the manufacturer is that they`ll either say that they already thought of that, or say they`re not intereseted and then market the idea themselves. For instance, if I wanted to use a Frisbee as a dinner plate. Could I package it as a dinner plate. ( let`s just assume for this scenario that it doesn`t say Frisbee anywhere on it ) What I really would like to look into would be to "patent" the idea, then present it to the manufacturer or to other companies in "this field" that might want to market it themselves and pay me a liscense fee or royalty . My plan initially was to package it myself, and open and Ebay store to sell it first, then maybe someone would contact me to bring it to market. Does that affect your opinion on whether or not I can repackage someone else`s product. The problem I may have is that this is a cleaning product, and my use is still in the cleaning area, but for a use I don`t think anyone has thought of.

hey Patenttrademark,

Thanks, I don`t think it`s an obvious use, but it is still using a cleaning product to clean something. ( I`m sorry I`m so vague, don`t want to give it away ! ) Does anyone know of what I would need to do in order to protect my idea if I did want to go to the manufacturer with the idea? This would be a definate niche market, although a pretty large niche. However the manufacturer could just add this to their claims on the package and blow me away since I`d have to purchase from them, pay to repackage etc, when their product is obviously going to cost less, and is already on the shelves. 

Hey Patentguy,

nhgnikole wrote that she doesn`t believe someone can repackage an existing item and sell it for another purpose. You wrote that you think you can. Do you think she`s incorrect or might you be, or is this area very grey? What I`m trying to do here is not spend a lot of money if there is no way I can legally do this, and/or no way I can stake a claim to this particular use for this product.