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Author Topic: Patent the process to manufacture vs products derived from the process or both?  (Read 853 times)


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Dear inventors, agents and more.

I wish to seek advice on the best path to move forward with a new invention I have developed and tested. Inevitably, I do not wish to manufacture the derived products. Ideally, I wish to protect my interests while licensing the product(s) to larger entities that are already established in the given industry of interest.

With this, I have struggled with the approach I should take as I wish to deter others from using this process to manufacturer identical products, however/again, I do not desire to manufacture the products I wish to protect but license the right to others to do so.

Any general advice or insight that you feel I might find helpful, would be greatly appreciated  ;).

All the best and good luck to all!




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Dear Mach6ix,

You indicated that you want to deter people form using your invention. That can indeed be accomplished by an IP right, such as a patent right.
In order to obtain a (valid) patent right your invention should be new and non-obvious. From your description, it remains unclear whether your invention resides in new products (and a method of preparing same) or a new process for making (already known) products.
If the products that are made by your process are new, it would be possible to patent the products, if only the process is new you can only get protection on the process (which protection then also includes products that are directly obtaned by the process).

In view of providing proof of infringement it would always be advisable to protect the product in a patent application: since the product is on the market it is relatively easy for the patentee to see whether or not the product would infringe the patent. If only a process is protected, you have to prove that the other party has used the patented process, which may be very difficult.

In general, for outlicensing purposes, both types of patents may be able to generate income.


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