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NYinNCNYinNC subscriber Posts: 4
Say I decide to make a product, but it is not patentable.  Is it still possible to license the product? Or is this something that can only be done with things that are patented?


  • GrillCharmerGrillCharmer subscriber Posts: 7
    Hello NYinNC!  This is not an answer to your question, but out of curiosity, why is it not patentable?  Is it Trademarkable or copyrightable?
  • NYinNCNYinNC subscriber Posts: 4
    I am not 100% positive that the idea isn`t patentable, but based on some research I`ve done, I think it is not a unique enough idea to be considered patentable.  Even though there is no existing product out there on the market.  Out of curiosity, can something get a patent if there is already a similar patent, but there are some differences? Kind of like a combination of 2 patents?NYinNC2007-9-16 21:3:25
  • GrillCharmerGrillCharmer subscriber Posts: 7
    Depends on how similar.  There are most certainly ways to manufacture around patents.  You`ll have to look at the claims of the 2 existing patents to know for sure.  You can do that at www.uspto.gov</A>
    That is also where you would start your patent search to make sure you are no infringing on someone else`s.  Just because you don`t see your product on the market doesn`t mean someone doesn`t hold the patent to it.  Only 3-5% of all patents make it to market. 
    Best Regards
  • NYinNCNYinNC subscriber Posts: 4
    I have done some searches on patents before and have found a patent that is similar, but functions in a different way even though one of the outcomes is the same. (if that makes any sense!)  One of the ingredients is the same.  I guess I could phrase it by saying that I have added an additional outcome to this product. Part of the existing patent that I found involves how the product is dispensed.  That wouldn`t be anything that would need to be involved in my idea if it were to be patentable.  Since I`ve found some simliar types of patents, this is part of why I feel that the product idea I have might not be patentable.  There`s so much info out there on all this stuff, that it gets kind of confusing after awhile!  Thanks for the replies, GrillCharmer!
    NYinNC2007-9-18 10:42:32
  • GrillCharmerGrillCharmer subscriber Posts: 7
    It is VERY confusing!  The only way to tell is to sit down w/ a lawyer and talk it out.  I don`t know about where you are, but here the local SBA has a list of professionals (lawyers, accountants etc..) that donate a free 30 min. consultation.  I would absolutely make an appointment w/ your SBA or SBDC and see if they can recommend a local patent attorney.  Good luck!
  • NYinNCNYinNC subscriber Posts: 4
    I`m in North Carolina in a major city here.  That`s a great idea to check into seeing if anyone offers free consultations.  In these consultations, do you think they`d give you a good enough idea of whether or not the idea has potential to be patented?  I also do happen to know a lawyer (although not a patent attorney) who until last month lived in the area.  So I should probably ask her if she knows any good ones!
  • GrillCharmerGrillCharmer subscriber Posts: 7
    It`s most certainly your best option.  You have nothing to loose!
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