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[mart789]

Hi all.

I could really do with some advise.

Brief background. I have an idea that I think could sell in shops possibly in multiple countries and online. The product is very small and is low cost.

It is not a new product/design for example (new method of cutting cheese) however I am planning on using existing readily available materials and the use of a website to create the final product that is why I am unsure if I can apply for a patent. A real good example of my question is the recent photo calendar sold in most supermarkets these days. The calendar simply has a hole cut out from each page/month where a photo can be placed. The page has an adhesive back so a photo will remain attached. It is really simple and one of those ideas that you think why didn’t I think of that.

A question relating to this: The packaging states Patent pending but adhesive backed card is nothing new and this seems to be protected.?  Have they just applied for a patent based on how the photo is attached, could I do this for my idea where I use specific materials and the use of a product website showing what to do and how create the final product.

My idea is already out there in the maret and has been for many years, But my method is slightly different and its a new way of creating the final item in a user friendly cost effective way.

1.   Can you patent an idea and the process on how it works / Website details how it works to create the final item? Or does it need to be a physical item,design,workings?
2.   Am I right in thinking that if a patent is pending nobody can copy the idea?
3.   If I apply for a patent how long do I have to wait until I can approach high street shops with the product or even sell it online? PS: Don’t worry Its not a new photo calendar, quite the opposite, just trying to keep it under wraps.

Many thanks in advance

Mart

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Huh

[Wiscagent]

1)  Unless your invention relates to something about the website itself or the related computer system (e.g. the coding, display method, search technique), no you cannot patent the website.  But it likely can be protected under copyright laws.

2) Patent pending status does not prevent someone else from using your invention.  Under certain circumstances, if a patent is granted, you may be able to go back and sue someone for using the invention.  But that is only if and when a patent is granted.

3) You can approach “high street shops” (whatever those are) with your invention today.  But if you do, you will lose potential patent rights outside of the United States, and you will start a “clock” ticking that only allows you one year to file a patent application, or you will also lose any potential US patent rights to the item disclosed.