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To Patent or Not?

edited July 2007 in Protecting Your Ideas
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?


  • GrillCharmerGrillCharmer subscriber Posts: 7
    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
    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.
  • GrillCharmerGrillCharmer subscriber Posts: 7
    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. 
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    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.
  • drvagdrvag subscriber Posts: 5
    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.
    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?
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