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Hartford
Lawful Good



Registered: 11/27/19
Posts: 1,106
Loc: Tennessee
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Patent Question: Can a useful patented object be marketed if said utility is different
#26472182 - 02/06/20 02:35 PM (3 years, 11 months ago) |
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I have an idea for a very useful object that could be marketed as anything, potentially. So, is my idea safe if I state that it is used for one single purpose, or might someone be able to market my same object for a different use?
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Tripsurfer
Bring Back Asante!



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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: Hartford]
#26472291 - 02/06/20 03:42 PM (3 years, 11 months ago) |
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Thats a difficult question. Patent law is pretty complex but I dont think you stand much of a chance if something of similar construction is already patented. And so much stuff is patented already its insane
Its also very expensive. In Europe its about €7000 per country. We recently paid €2000 for this patent guy to come analyse our ideas for a couple hours and write a recommendation
-------------------- Ach en wee ben ik de klos, met mijn boog schoot ik een albatros... A philosopher is a person who knows less and less about more and more, until he knows nothing about everything.

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PatrickKn


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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: Tripsurfer]
#26472511 - 02/06/20 06:22 PM (3 years, 11 months ago) |
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PatrickKn


Registered: 07/10/11
Posts: 20,563
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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: PatrickKn]
#26472549 - 02/06/20 06:41 PM (3 years, 11 months ago) |
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http://www.patenttrademarkblog.com/can-you-patent-that/
Quote:
Can you patent a different use for an existing product? Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth trying because you would have to show that the new use is non-obvious. Even if you believe your use to spectacularly non-obvious, the USPTO patent examiner will likely disagree and make it very difficult for you to get a patent.
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Nymphaea
Money-less Wanderer



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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: PatrickKn]
#26472752 - 02/06/20 08:23 PM (3 years, 11 months ago) |
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Quote:
PatrickKn said: http://www.patenttrademarkblog.com/can-you-patent-that/
Quote:
Can you patent a different use for an existing product? Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth trying because you would have to show that the new use is non-obvious. Even if you believe your use to spectacularly non-obvious, the USPTO patent examiner will likely disagree and make it very difficult for you to get a patent.
If your object has a tremendous amount of uses then it is probably worth your time to produce it...you'll probably always have a niche if you are the first to build production for it...
..rather that niche be local, price point(s), expertise, brand recognition (if you are the first), or all of those things....
...if it really does have all those uses then you can try to patent it in a way that protects it for all those uses....just like he said above it's hard to get a patent for a new use of something that exists...
....I wonder if there is a cheap/less expensive way to put something in public domain / block future patents on it.....if there is then that seems like something that kind of object could ultimately benefit from since then you don't have to worry about patent wars or even spending all that energy on an initial patent? Since it has tons of uses it seems like something that maybe should be more on the "good-of-all" side of the spectrum and you also then seem like someone who wouldn't have problems making money??? If you're an inventor and you manage to invent something that gets insane traction world-wide then that could bring you a ton of notoriety or you could probably make a small fortune off of a small business since you are the expert and the first to production...
...and that leaves you room for more inventions using all those resources? Sorry, I don't really have great advice on this...I don't have much of any experience with that kind of thing and it sounds like you do.
I also don't know the situation and what the fears are....I guess I'm just tossing around ideas, probably shouldn't be taken as sage advice I would gander.
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Plant Trees
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Tripsurfer
Bring Back Asante!



Registered: 08/01/12
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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: PatrickKn]
#26473256 - 02/07/20 03:49 AM (3 years, 11 months ago) |
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That may be true but we are not a single inventor
If you want to attract big investors you need to protect your IP through patents. Or at least create the illusion of protection.
We are developing a very innovative technology that is now being picked up by some of the worlds larger tech companies. We and a couple other companies have been working on our products, bringing them on the market, getting certain aspects patented and so on.
Now, there is this one company, that instead of spending money on bringing stuff to market has been spending 95% of their cash on accumulating patents that relate to the developed technology. Most companies start with a single product and work toward a portfolio (because you want to be able to offer complete solutions to customers). We and other companies are now finding we are very limited in our freedom to operate outside our own patented technology, because of that one company.
They are going to make a lot of money when the technology becomes more accepted and different elements need to be incorporated in single corporate and technical entities.
-------------------- Ach en wee ben ik de klos, met mijn boog schoot ik een albatros... A philosopher is a person who knows less and less about more and more, until he knows nothing about everything.

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Nymphaea
Money-less Wanderer



Registered: 04/16/09
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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: Tripsurfer]
#26475482 - 02/08/20 01:16 PM (3 years, 11 months ago) |
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Quote:
Tripsurfer said: That may be true but we are not a single inventor
If you want to attract big investors you need to protect your IP through patents. Or at least create the illusion of protection.
We are developing a very innovative technology that is now being picked up by some of the worlds larger tech companies. We and a couple other companies have been working on our products, bringing them on the market, getting certain aspects patented and so on.
Now, there is this one company, that instead of spending money on bringing stuff to market has been spending 95% of their cash on accumulating patents that relate to the developed technology. Most companies start with a single product and work toward a portfolio (because you want to be able to offer complete solutions to customers). We and other companies are now finding we are very limited in our freedom to operate outside our own patented technology, because of that one company.
They are going to make a lot of money when the technology becomes more accepted and different elements need to be incorporated in single corporate and technical entities.
Jeez it sounds horrible...and I know there is a lot of stuff that is...
...money man...
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Plant Trees
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psi
TOAST N' JAM


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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: Hartford]
#26475509 - 02/08/20 01:24 PM (3 years, 11 months ago) |
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I was looking into this chemical called anandamide that occurs in nature and has some interaction with the endocannabinoid system. Some dude got a patent on the idea of anandamide supplements for bodybuilding. But it sounded like he was trying to use that patent to prevent anyone else from selling supplements of that compound period. Not sure how it worked out but the whole thing sounded so stupid. He didn't invent the chemical, it occurs in nature.
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BANANA.MAN
Turd Ferguson

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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: Hartford]
#26475556 - 02/08/20 01:59 PM (3 years, 11 months ago) |
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Quote:
Hartford said: I have an idea for a very useful object that could be marketed as anything, potentially. So, is my idea safe if I state that it is used for one single purpose, or might someone be able to market my same object for a different use?
why not just make your patent broad enough that you're covered?
there are utility patents and design patents. I'd imagine you wouldn't be very protected if you just patented one utility. if you patent the design then the utility shouldn't matter.
but I have no clue because Im not an expert and I dont know what you are trying to patent and you shouldn't tell me so I think you should dish out some cash and talk to a patent agent.
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Tripsurfer
Bring Back Asante!



Registered: 08/01/12
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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: BANANA.MAN]
#26475734 - 02/08/20 04:05 PM (3 years, 11 months ago) |
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I was also surpised at how broad patents can be. It can pretty much be conceptual only without going into specific technical details
-------------------- Ach en wee ben ik de klos, met mijn boog schoot ik een albatros... A philosopher is a person who knows less and less about more and more, until he knows nothing about everything.

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Hartford
Lawful Good



Registered: 11/27/19
Posts: 1,106
Loc: Tennessee
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Re: Patent Question: Can a useful patented object be marketed if said utility is different [Re: BANANA.MAN]
#26475761 - 02/08/20 04:23 PM (3 years, 11 months ago) |
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if you patent the design then the utility shouldn't matter
That's a perfect solution, apart from going straight to production. Thanks
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