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New Pet Idea

Patents & Trademarks Discussion Forum

New Pet Idea

Postby Jeren » Mon Nov 28, 2016 11:37 pm

Being a mom and pet owner I realize people will spend just as much raising their pets as their kids! I have always had been fairly creative but was just hit with a pretty unique idea. I have done a little research and really have not found anyone offering this item. It is not a product I would manufacture therefore I do not believe it can be copyrighted. How do avoid sharing it for feed back without being 'stolen' :) I appreciate your expertise and feedback.
Jeren
 
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New Pet Idea

Postby Braoin » Wed Nov 30, 2016 6:21 am

Being a mom and pet owner I realize people will spend just as much raising their pets as their kids! I have always had been fairly creative but was just hit with a pretty unique idea. I have done a little research and really have not found anyone offering this item. It is not a product I would manufacture therefore I do not believe it can be copyrighted. How do avoid sharing it for feed back without being 'stolen' :) I appreciate your expertise and feedback.
Braoin
 
Posts: 50
Joined: Sun Jan 19, 2014 1:16 am

New Pet Idea

Postby devan » Wed Nov 30, 2016 1:59 pm

Hi Denise, Thanks for dropping by............so let me see what you have for me: 1. Being a mom and pet owner I realize people will spend just as much raising their pets as their kids! a) "Ain't" that the truth I have a Jack Russell and she's spoiled rotten. 2. I have always had been fairly creative but was just hit with a pretty unique idea. I have done a little research and really have not found anyone offering this item. a) Did you check to see if there's anything like it patented yet?

Do a very preliminary search at www.google.com/patents

3. It is not a product I would manufacture therefore I do not believe it can be copyrighted. a) What do the two have to do with each other, pray tell? Take a look here: www.copyright.gov/help/faq/faq-protect.html

c) Patents protect physical products, methods, machines, processes, etc(http://www.uspto.gov/go/pac/doc/general) Copy right does not. d) Trademarks protect several things including but not limited to: Some artistic logos; unique names, smells, tastes; slogans; phrases; symbols; colours; packaging designs(trade dress); some images........ and so on and so forth. Take a look here: www.copylaw.com/new_articles/trademrk.html

Take a look here:http://www.uspto.gov/smallbusiness/about/faq.html

4. How do avoid sharing it for feed back without being 'stolen' :) I appreciate your expertise and feedback.

a) That's a tough BUT were it potentially patentable and if it qualified for a Utility patent(versus a Design patent), one could write then file at the patent office(fee to file "this year" $105)a "Provisional Application for Patent." Once filed it transfer to the inventor one-year in which to call it "patent pending" during which one makes money from it in order to pay for the more expensive  Non Provisional Application(Utility) for Patent - usually done through an attorney or patent agent. b) If it only qualifies for a Design patent a PAP won't work with it. Why don't you go to your local library and pickup a book or two about patents and trademarks? c) You might also consider acquiring a "Non Disclosure/Non Compete Agreement." There are plenty free ones on the web. Most have to tweaked so they adequately encapsulate what one has. The idea is to get a person or company to agree to sign it before making any disclosure. Besides which, if your disclosure it adequate enough, it might automatically start a one-year patent filing clock. When that expires and if one has not filed a Non Provisional patent, it might well be too late. Depending on how complex or simple what you have is, it might be so obvious you really can't hide anything technical about it hence why first getting it signed may be your only alternative. NDAs are contract meaning they fall or may fall under Contract law [depending on how well written] so you could sue in theory in Small Claims Court if you could prove the person or company stole your invention. Not sure if the above helps, if it doesn't send me a follow-up. Regards,

Penny
devan
 
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Joined: Wed Jul 31, 2013 12:07 pm


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