Legal Question in Securities Law in New Jersey

inventions

I have found that a certain product is very effective for a completelty different use than it is marketed for. Can I use those ingredients to market my own product if I make some minor changes to the existing ingredients? My use has nothing to do with the current use.


Asked on 8/15/07, 6:07 pm

1 Answer from Attorneys

Re: inventions

New applications for existing combination of ingredients should be a patentable "invention." FIRST, make sure you put your notes down, and mail it to yourself as you progress, and DON'T open it. Keep copies of what you send yourself, and a log of what you send yourself, so you can prove WHEN you had your ideas if there are any issues in the future. Use confidentiality agreements, develop your "invention", and you MUST find a way to change the formulation so it is not exactly what the existing company is manufacturing. Ideally, you come up with a more effective formulation. You will also need to find a good patent attorney, to at least start the process, if not complete it. You need to assess the market potential for your "invention", to assess the value of the product (what does it do, how valuable is it, how large is the market, what competing products are there, how does it compare to the existing products (if there are any), what is the cost to develop and produce and market the product, etc., etc.). When sufficiently developed, it MAY pay to negotiate with licensing rights with the current manufacturer, as they will most likely have assets and capabilities you can not get access to, and you will make some $$$ quicker. Developing, manufacturing and marketing is a VERY difficult thing to do, and if you are deficient in any one of them, you can invest big $$$ and end up losing $$$. - GET GOOD ADVICE AND WORK SMART! --- Good luck!

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Answered on 8/16/07, 12:12 pm


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