New User Old Question

Thoney

Hi everyone, Glad to have found this resource.
My question is;
I have an idea for a new invention that in a nutshell is converting an existing product for a new use in a completely different field. A bad but similar example would be;
Taking an ordinary kitchen mixer and replacing the beaters with scrub pads and selling it as a product to clean the toilet.
Difference is although there are powered toilet brushes there is currently no products in my target field that are used for my service and I basically realized i could convert or just redesign an existing product.
Is this type of product conversion and use in a completely different field able to be patented and trademarked?
Or will manufacturers see my idea and be able to convert they`re exixting product as well and flood my otherwise "only product of its kind and use" target field?
Hope this makes sense.
 
Thanks,

patentandtrademark

it depends on how different the use is and whether it would be readily apparent to others in the field

Thoney

The use is completely out of any spectrum of the products original design and almost makes the existing product do the opposite of what it was designed for but do this opposite action in a completely unrelated field. I would not only convert how the product works, I would change the original design as well to suit my need.
But basically it wouldn`t be too hard to figure out what the product was prior to conversion.
Does this help determine?

Thoney

Kinda like turning a ball point pen into a spitball shooter and selling it.

patentandtrademark

You will probably need to pay somebody to actually look at the details.  Here`s a fictional example.  Suppose you spill a bottle of aspirin on your farm and your chickens eat that aspirin.  You find out that the chickens are suddently gaining weight faster than normal.  That may be a patentable discovery because it is not very predictable to think that an aspirin tablet used to treat headaches in humans would cause weight gain in chickens.  There would not even be a motivation to even try to feed aspirin to chickens at all.

Thoney

Point taken. What type of person would i seek? I know my product would explode because it makes a daily chore that is done by millions of people everyday quick easy and efficient. Imagine having a device that you stick your foot in and it tied your shoes for you.
Not to come off jimmy neutronish but my idea similar saving time and taking the work out of an unavoidable chore.

patentandtrademark

only a patent attorney could do that for you.  seek a local patent attorney.

GrillCharmer

Hello Thoney and WELCOME!  If you make an appointment with your local SBA office (find one at www.sba.gov</A>) they usually have a list of lawyers, accountants and other professionals that give at least a 30min free consultation for various aspects of starting a business, including IP attorneys. That is a great place to start!

Thoney

CraigL,
I think YOU might be looking st this all wrong. My question was simple revolving around stipulations on the conversion of one product into another.
The ball point pen tube for instance, they are avail with no markings so it could easily be converted into a spit ball shooter. However under close analysis it would be fairly easy to discover the "spitball shooter" is made from a pen tube.
this is the conversion of one product designed for a specific use into another product with a completely different use and purpose.I am trying to find out if the pen company once realizing it`s products new potential could make my life difficult because the new product is infact a converted product of their own?
Now do you have any advice on this scenerio?
 
Thanks

Thoney

CraigL,
The unique attribute of my device would be a motor, the purpose of the motor is in use in many common items today, however what the purpose of the motor ( to revolve) would be applied to.............. (a new task) not in use today creating my new idea.
Similar to selling used tires with a chain on them as "Tire Swings"
Or better yet..........Basically, are the "Child Leashes" infringing on "Dog leashes"
What do you think?
does this help?

txbassguy

my 2cents - but if it`s a great idea and everyone needs one. (i can`t remember how many times i`ve heard that one). But do some marketing, apply for a patent, and get into the marketplace. i would encourage anyone to get to the market as soon as possible while having patent pending status. 

Thoney

Thanks CraigL.