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Topic: expired patent - barriers to entry (Read 1908 times) |
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kyle-t
Newbie
Posts: 1
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expired patent - barriers to entry
« on: Feb 5th, 2007, 5:03pm » |
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I rekindled an auto accessory invention idea I had 12 years ago and began researching and developing it. I found a patent which was issued 20 years ago (almost to the day), making my utility and design obvious in similarity. I still believe it's a good idea if marketed to the right demographic (consumer as aftermarket product vs. manufacturer), but if I approach corporate buyers will they likely steal the idea and make it themselves? Do I have any concerns of patent infringement due to its expired status? Should I cite that patent number on the product packaging?
I'm working with a manufacturer who holds offices here in CA and also in China, so price point would be competitive.
Thanks for any responses
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CriterionD
Full Member
 
Posts: 202
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Re: expired patent - barriers to entry
« Reply #1 on: Feb 7th, 2007, 1:30pm » |
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on Feb 5th, 2007, 5:03pm, kyle-t wrote:| if I approach corporate buyers will they likely steal the idea and make it themselves? |
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they might. A good non-disclosure agreement could minimize the chances. But the chance would still exist, and some companies but not be willing to sign one.
Quote:| Do I have any concerns of patent infringement due to its expired status? |
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Not if your product fits the exact description of what is described in the expired patent. If you are making changes, its possible, but you wouldn't be infringing on the expired patent.
Quote:| Should I cite that patent number on the product packaging? |
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Because its not your patent and you are not licensing it, I would be inclined to say no, as I would consider it slightly misleading. I could see how it might be a decent idea, I'm honestly not sure whether or not it would be considered misleading by others.
Quote:| I'm working with a manufacturer who holds offices here in CA and also in China, so price point would be competitive. |
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Out of curiosity, you found the patent, but have you seen the product on the market? Has iot been successful. If not, why not? Someone has obviously thought of it before you, if they weren't able to market it successfully it doesn't necessarily mean you couldn't. But its healthy to think about it
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www.criteriondynamics.com
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Isaac
Senior Member
Posts: 3472
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Re: expired patent - barriers to entry
« Reply #2 on: Feb 7th, 2007, 3:40pm » |
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on Feb 7th, 2007, 1:30pm, CriterionD wrote:
they might. A good non-disclosure agreement could minimize the chances. But the chance would still exist, and some companies but not be willing to sign one. |
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In many jurisdictions, a non-disclosure agreement that attempts to prevent disclosure of information that is not a secret is not enforceable.
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Isaac
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