Legal Question in Intellectual Property in Texas

Can a new CONCEPT to market different products established older products with different services be protected?


Asked on 7/13/10, 9:21 pm

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say a personal consultation is required to discuss the details of the new concept. Without the details it is not possible to say whether it can be protected, and if it can, the best legal protection mechanism. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/14/10, 6:38 am
Bruce Burdick Burdick Law Firm

Under current law (In Re Bilski, just decided by the Supreme Court)this is probably NOT patentable, but you need to call a patent attorney to review the specifics. You do NOT need a "good business attorney", you need a patent attorney. A patent attorney might be able to describe your "concept" in such a way as to meet the "machine or transformation test" of the US Patent Office, which although not the only test is the primary test of patentable subject matter for a business method and the only test specifically blessed by the US Supreme Court. Call me or email me and we can discuss this further.

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Answered on 7/14/10, 8:26 am


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