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  1. #1
    DuxMyMan is offline Junior Member
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    Do I need to Patent?

    Hi,

    I created a product with some stores who want to purchase and sell my product. I have yet to patent it but did put the trademark symbol on the logo. Some people told me that I don't need to patent my product? Is this true? I'm in the initial stages and not sure where to start and have buyers who want to purchase my product. Could someone give me some advice?

    Thanks...Robert

  2. #2
    rogercbryan's Avatar
    rogercbryan is offline YE Veteran
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    Quote Originally Posted by DuxMyMan View Post
    Hi,

    I created a product with some stores who want to purchase and sell my product. I have yet to patent it but did put the trademark symbol on the logo. Some people told me that I don't need to patent my product? Is this true? I'm in the initial stages and not sure where to start and have buyers who want to purchase my product. Could someone give me some advice?

    Thanks...Robert
    Did you apply for the trademark? You can't just put the logo on it... you have to file the needed paperwork and then get approval before you can use the trademark logo. A patent is used to protect your intellectual property in a case where someone else tries to use your design for profit. I always have to say that a patent is only worth the money you have to defend it. They are also not cheap costing $5000 - $20,000 to get. If you go to market with out one you can expect that a larger company will come along and take your design and then mass produce it (if it is profitable for them to do so) you'll have no legal recourse at this point.

    I'm not a lawyer and this is not legal advice

    Also, there is a guy on here named Ron K... look him up... he's a pro at all this and I think he even has a few patents to his name.

  3. #3
    DuxMyMan is offline Junior Member
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    Thank you!

  4. #4
    Advertising Swami's Avatar
    Advertising Swami is offline Junior Member
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    A good book that gives you the facts is "How To License Your Million Dollar Idea" by Harvey Reese.

    In many cases an invention isn't patentable, and the idea isn't defensible and you cannot stop
    knockoffs from other countries anyway. There is good news - you can still make a lot of money
    with your ideas if you know how.

  5. #5
    ucavik is offline Senior Member
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    well i also agree that you need to get a trade mark for your product and if you can afford to get patent then it is the best way to protect the fruit of your intellect and hard work.

  6. #6
    Auspreneur's Avatar
    Auspreneur is offline Member
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    In my eyes a patent is a waste of money unless you have invented a vaccine for cancer ect. It's not about the fact if you can afford the initial $10,000- $200,000 to patent the product it's wether you have the resources to take a large company to court if they do infringe on your product. Patents should only be for Large Multi Million dollar companies.

  7. #7
    rogercbryan's Avatar
    rogercbryan is offline YE Veteran
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    Quote Originally Posted by Auspreneur View Post
    In my eyes a patent is a waste of money unless you have invented a vaccine for cancer ect. It's not about the fact if you can afford the initial $10,000- $200,000 to patent the product it's wether you have the resources to take a large company to court if they do infringe on your product. Patents should only be for Large Multi Million dollar companies.
    I'll give you a 50/50 on this.. I agree with the patent is only worth the money you have to defend it... but with that being said there are some examples of people to who patent a $10 item and then sell 100,000 of them or they patent the item make a production run that catches the attention of a larger company and they end up licensing the product to them for $1M+... while this is by far not the norm it does happen... so it all depends on the product and your expectations.

  8. #8
    Will's Avatar
    Will is offline Senior Member
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    I would advise see how the product goes in the stores to start with, and if things start to get bigger then look to patent it

  9. #9
    Auspreneur's Avatar
    Auspreneur is offline Member
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    Quote Originally Posted by rogercbryan View Post
    I'll give you a 50/50 on this.. I agree with the patent is only worth the money you have to defend it... but with that being said there are some examples of people to who patent a $10 item and then sell 100,000 of them or they patent the item make a production run that catches the attention of a larger company and they end up licensing the product to them for $1M+... while this is by far not the norm it does happen... so it all depends on the product and your expectations.
    Yeh it is 50/50 but in my experience I have never met an inventor that got a patent and sold the concept for millions, it does happen but very rarly. I think the hardest thing is as an inventor you have no one to talk to, so you go and speak to a Patent lawyer and of course they are going to try and sell you a patent.


    "I would advise see how the product goes in the stores to start with, and if things start to get bigger then look to patent it " And Will unfortunatly you can't patent a product once it is in public domain or on the market.

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