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product offering that cannot be patented?
nergfurtz's Avatar
Gary Best

I have a clothing product that would do well according to the limited market research I’ve done. But since it is only an approach to decorating an existing product (it is not a specific design), I do not think it can be patented. The product does not exist on the market currently but I think it would do very well at stores like Spencer Gifts. I would like to license it but if I have no protectable IP, why would someone pay me? Once they find out what the idea is, they can just do it themselves and I have no recourse.

Where do I go from here? Any help greatly appreciated! Thanx!

Gary

posted September 30, 2011 07:29 (
)


kabuj's Avataree_badge
K J
4,500
Insider Points

Gary,
You my want to read up on “method” claims/patents. Sound like you may have a unique METHOD of decorating an artical of clothing (which would is in fact be a “Utility” type patent). You mentioned the word “approach” so it just may be applicable. Check it out – Good Luck!!"

posted October 03, 2011 19:37 (
)
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Mogie Pillay
189,500
Insider Points

Gary, most clothing lines don’t have Ip protection which is why most stores rush out to by designer ’samples" which they then copy and market them under their own label. However, you may consider a Design Patent instead of a Utility Patent. The USPTO website will explain the differences. Failing that you may want to trademark and market yourself until you have built up a profile and then try to licence the product plus the trademark..

posted October 03, 2011 18:42 (
)



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