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[rocksolid]

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?

[ManOfManyBadIdeas]

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?

That's one of the basics of patent writing, making the patent claims cover as much
as possible. For example, you are saying "similar material". What makes this material
special, thermal conductivity? Then you have to craft a claim that covers all low
thermal conductivity materials. At the same time it should not cover the already
known art, such as those foamy can holders, that would make the claim invalid.

Incidentally, that's also what makes your idea valuable - that it's protected by
a patent that is not easily bypassed. If the idea is not properly protected by the
patent, then it's a bit dicey. It may still be valuable to a company, but not so much
if another company can just copy the product. So do not expect to gain as much
from it, and the only shred of legal protection you may have is something along
the lines of non-disclosure agreement signed prior to discussing the idea (you will
likely need a lawyer to help you draft that).

[khazzah]

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?

I think you're saying this: even if you file a patent application before disclosing your idea to BigCorp in hopes that BigCorp will buy or license, what's to stop BigCorp from just stealing your idea?

My answer: Note that you can't[/i] sue them for infringing your patent before the patent issues. So that doesn't do you any good in the short term. Your big stick is probably the threat of a lawsuit for misappropriation or for violation of a contract which they signed promising not to steal you idea. [If you have enough leverage to get BigCorp to sign such a contract.]

Lawsuits are expensive, though, and BigCorp has bigger lawyers than you. A smaller stick might be the company's tarnished reputation if you went public with your story. Then again, you do that and you might have the threat of a defamation lawsuit to worry about.

[dtpater]

Good Luck with that one,

Most Big Companies are not in the Business on stealing new products, its not worth the trouble to them, yes it does happen, not that often, also prior art is a big concern, do heaps of Market research and Patent research many weeks worth.

http://www.google.com.au/images?um=1&hl=en&biw=1280&bih=709&tbs=isch:1&sa=1&q=drink+can+covers+to+keep+cool&aq=f&aqi=&aql=&oq=&gs_rfai=

Talk to these guys, I have one new product with them, they have experience with your type of new product and proven sales (big sales)

http://www.mindsparkz.com/

[rocksolid]

The keep a can cool idea was just an example for my question. i am not ready to tell what the real invention is. Thanks for the replys everybody.

[chab]

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?

If your product is good they will surely buy it.

[OMG IP]

There's no such thing as "zero risk", especially when you're the small shrimp