Question
Can you invent a new product that incorporates a product already on the market?
I asked a question awhile ago related to this...I have an idea for a new product that incorporates the use of another product on the market. How would I go about applying for a patent for this? Would I have to contact the company of the established product first, to get permission to use that product? And if I do, wouldn't they just logically take my idea and use it for themselves without giving me credit? How can I gain intellectual property of this idea but still not infringe on the rights of another company? Thanks for any help!
3 months ago - 2 answers
Best Answer
Chosen by Asker
Every patented product includes some other product. No you don't have to get the other companies permission, not if you are going to buy the product from them. If you intend to make your own version of their product and their product is patented, and if your version would infringe that patent, that's another issue and you might have to get their permission to make and sell the product. You still wouldn't need their permission to get the patent. In fact, if you get the patent, you can use it to get their permission to use their patent. You can offer them a cross license deal, where they get to use your idea and you get to use there's....
by cato___
2 months ago
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Other Answers
You can always invent a better version of another product--build a better mousetrap as it were. The questions is this: do you use technology or ideas that are already patented? If so, then you will have a problem. If not, then you can do whatever you want with it. If you want to approach the other company, you should see if you can patent or trademark just your portion of the idea first. For example, if you want to make better Coca-Cola through some secret chemical process, then you cn patent the secret chemical process, but you can't patent Coke. However, if you're just inventing a whole new soda, then you'd be fine.
by Jeremy D- 3 months ago