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Author Topic: Quick Patent Question  (Read 697 times)

rocksolid

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Quick Patent Question
« on: 11-16-10 at 08:58 am »

OK, I am working on a new product and I have a big concern. I can not reveal what it is but let say it was a skin that goes around cans of soda. This skin is made of a material that is accessible by anybody and able to keep the can cold. Even if I patent this idea is it safe to try and sell it to coke or Pepsi? What would really stop them from using a similar material and making their own product?
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bleedingpen

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Re: Quick Patent Question
« Reply #1 on: 11-16-10 at 07:23 pm »

OK, I am working on a new product and I have a big concern. I can not reveal what it is but let say it was a skin that goes around cans of soda. This skin is made of a material that is accessible by anybody and able to keep the can cold. Even if I patent this idea is it safe to try and sell it to coke or Pepsi? What would really stop them from using a similar material and making their own product?

Assuming that you can obtain patentable coverage on your idea, then you would have the right to stop Coke or Pepsi from making their own product if that product falls within the claims of the patent.  That is something that you should be talking with your patent attorney about. 
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dtpater

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Re: Quick Patent Question
« Reply #2 on: 11-16-10 at 11:11 pm »


Hi Rock solid,
                  I just got off the phone with a U.S Inventor he spent $100,000- on 9 Patents in the USA only for bullet proof I.P and yes he did License it to a big Company, now the big U.S company has decided not to honor the License Agreement and keep making and selling the product.

The Inventors big problem, should he sell his home to fund legal costs?, he is trying to find an attorney who will take it on at their risk, no luck so far, yes a Patent is a great idea, but can you afford to enforce it? for a new product like yours?.

It takes 2-4 years to get an approved U.S Patent before you can enforce those rights if you get them only 50% of Patent's are approved or less, a NDA signed document between yourself and the manufacture is something you can instantly act on.

 ;)
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George White

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Re: Quick Patent Question
« Reply #3 on: 11-28-10 at 05:01 pm »

A large manufacturer is unlikely to sign an NDA with a sole inventor. Even if they do it will have a provision that says that nothing keeps them from independently inventing it and maybe they already have invented it in some other corner of their company.

--George
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MYK

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Re: Quick Patent Question
« Reply #4 on: 11-29-10 at 11:18 am »

It takes 2-4 years to get an approved U.S Patent before you can enforce those rights if you get them only 50% of Patent's are approved or less, a NDA signed document between yourself and the manufacture is something you can instantly act on.
Any company that would consider breaking a patent licensing agreement would likely have no worry at all about ignoring an NDA from the moment it was signed.
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

dtpater

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Re: Quick Patent Question
« Reply #5 on: 11-29-10 at 02:09 pm »


It came down to a change of management the grandson took over the company!

A lot of this all comes down to people and relationships, things can change

Also I focus on small to mid size companies, the big companies have to much middle management to get through (Generally are not interested in innovation from outside Inventors) if they are interested they would like samples from factories in Asia and FOB Pricing, because they are lazy, the smaller companies are also keen to chase a larger market share and shelf space.

The fact is you need to take some risks to move forward, or you can sit on the project and go no-were
 ;)


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MYK

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Re: Quick Patent Question
« Reply #6 on: 11-29-10 at 03:15 pm »


It came down to a change of management the grandson took over the company!

A lot of this all comes down to people and relationships, things can change
And this makes a difference how, exactly?

If corporate management changes and the grandson decides to ignore the NDA, how is that different from corporate management changing and the grandson deciding to ignore signed licensing agreements for (presumably valid and now-being-infringed) patents?
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

dtpater

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Re: Quick Patent Question
« Reply #7 on: 11-30-10 at 12:43 am »


The Grandson taking over is the insight into what happened, and the difference is the Inventor is not receiving royalties and now he has to do the legal thing with the large company for lost royalties and income.

The difference is it can all come down to who has the deepest pockets, to pay the better lawyers.
 ;)
 

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MYK

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Re: Quick Patent Question
« Reply #8 on: 11-30-10 at 10:00 am »


The Grandson taking over is the insight into what happened, and the difference is the Inventor is not receiving royalties and now he has to do the legal thing with the large company for lost royalties and income.

The difference is it can all come down to who has the deepest pockets, to pay the better lawyers.
 ;)
So?  In either case, he "has to do the legal thing with the large company" and "pay the better lawyers".
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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