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Author Topic: Is it worth patenting if anybody can make it.  (Read 490 times)

Cocolroo

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Is it worth patenting if anybody can make it.
« on: 07-23-10 at 08:04 am »

Ive got a couple of projects that I want to patent that dont seem to have patents.
I guess the advantage and disadvantage is they can be pretty easy to make because a lot of them consist of putting two or 3 things that already exist together to make one product that solves a problem.
Its just the time it would take to find these things and put them together might be more of a hassle then to just buy it.
Plus the key is for it to be cheaper as a whole then the sum of its parts by buying its parts iin bulk
It would make no sense for someone to make it themselves because it would cost more although they could come close
with just a visit to the  harware store and a little time.
My question is it worth patenting and mfg with this in consideration
Any examples of patented products that have made it big that you or I could have made ourselves.
One that comes to mind right away is the cardboard coffee cup covers at starbucks that prevent hand burning.
I do see a patent on those.
When I see that(a patent on a cardboard sleeve)it makes me feel better.
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JimIvey

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Re: Is it worth patenting if anybody can make it.
« Reply #1 on: 07-23-10 at 12:57 pm »

Generally speaking, things that are easy to reverse engineer and copy are typically the things that can benefit the most from patent protection.

Whether it's worthwhile (whether the revenue justifies the costs) is entirely a business decision.  That's not a legal decision.  So, this probably isn't the best place to look for guidance in that respect.  We can help you estimate the costs and likelihood of success in obtaining patent protection (particularly if you consult with a practitioner in a private, professional manner).  However, the rest of the weighing of revenue vs. costs will have to come from somewhere else.

Regards.
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James D. Ivey
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doug vagedes

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Re: Is it worth patenting if anybody can make it.
« Reply #2 on: 07-23-10 at 01:46 pm »

I've said it several times on here but I'll say it again, because I believe it.  While patents, especially, strong, professionally written patents are valuable, many times if done properly, the marketing behind the product can be worth more.  That is, a well thought out marketing plan, with a great brand name that is Registered and packaging that attracts and communicates what it is to the consumer.  Many times, being first to market, building a great brand name and blowing it out there and hitting as many shelves as you can will create tremendous value.  Value that a competitor will have to work hard to take away. 

With that said, there's another concern,  "a barrier to entry".  If it's difficult for someone, a competitor or in this case a consumer to copy the product, this is good.  Especially if it is a cost of capital for a competitor to invest in and thus risk, to take your market share.  But also, if a competitor or consumer can easily enter the market, duplicate the product at little or no cost or risk, that's not good for you. Little barrier to entry and therefore your risk goes up. 

But also on this same thought, if you can create the product and get it on the shelves at little or no cost or risk and you create a great brand name that sticks in the minds of the consumer and blow it out there, you could hold on to what market you have created.  If you can't your investment wasn't that huge anyhow.  It's all about the marketing!!!
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