Legal Question in Intellectual Property in California

intellectual property

I have a discovered new use for an existing product. Would like to present to manufacturer and want to know what steps I need to take against manufacturer strealing my idea.


Asked on 5/19/09, 10:44 pm

3 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: intellectual property

If you are that concerned about someone stealing your idea, you should apply for a provisional patent before approaching anyone regarding your idea. At least you will then be afforded some protection.

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Answered on 5/20/09, 12:13 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: intellectual property

Unless you have invented a new product yourself, you would really be relying on the manufacturer's sense of fairness in getting them to pay you for your idea. They wouldn't be "stealing" your idea because ideas, by themselves, are not really protectible under law. And, as the owner of the rights to this product you want to use, they are free to do with it as they wish. (If this is a large manufacturer with a product development staff, it is likely that they have already considered the use you propose, and are either pursuing it themselves or have decided it is unworkable.)

In fact, it would be you who are infringing on their rights if you attempted to market their product, albeit with an alternative use, without their permission.

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Answered on 5/21/09, 10:26 pm
Mark Torche Patwrite Law

Re: intellectual property

The simple answer to your question is yes, you can patent a new use for an existing product, but there are many things that make the answer more complex. First, your use might infringe another patent, so you might have to try and make a deal with the other patent holder. Also, your use would have to be non-obvious over the prior art. It would be best to consult with a patent attorney or agent before you get too far in. I would be glad to discuss your invention with you without charge.

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Answered on 5/19/09, 11:10 pm


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