Protect product

[classic_oak]

i have an idea i would like to try to market on ebay & a web site how can i protect that ( its not an ivention just a unique designed item). do i need to see a lawyer or is their a way to do this my self ?? any ideas thanks jeff

[erik_f]

If its a good idea it will get ripped off no matter what you do...not really sure how you could protect it other than a copy right.

[woodworx]

http://prepatentprotection.com/

Pre patents should protect you. They are only a few hundred dollars

[john_l]

If its really good then it is probably worth hiring a patent attorney now. I wouldn't share the info with anyone if I were you and i would likely forget about testing on ebay. With a patentable item, you will eventially end up with at least 2 profit centers... 1- selling the product (or rights to the product) 2- suing for infringements.

This is a game played by the big boys because reall money never comes around very quickly. But it all starts with an idea. Good Luck.

[bob_s]

I hate to be the one with the wet blanket ,BUT...
In reality once the world sees your good idea there will be companies willing and able to make "knock offs" in days. They are in parts of the world where worker wages, safety, and the environment are not even considered. The idea of suing these folks is an impossibility - they are not reachable, nor do they care. I would consider doing your market testing on a more local scale, the local stores you take it to have to respect that it is your product, they have a stake in the community, they can be sued. Not that you want to do it, but the concept does "keep them honest". This will give you some information to make the product better so that when you do roll it out at least you will have a head start on the rip off artists from offshore.
I struggle with this whole concept. I wish there was a less pessimistic view, but after a 30 year career in advertising this is my perspective. Unfortunately when you start out needing lawyers the odds of winning financially goes way down, except for maybe the lawyers. So I believe it is better to find a way to avoid the problems and succeed with the business.
good luck with your concept
Bob

[phd1658]

They don't have to be "knock off" specialists, either. If you are an individual or a small company, a large corporation can readily "steal" a patent, and with a lot more resources than you, can drive you broke trying to defend it. Also, I seem to remember that it take a minimum of $10,000 to get a patent these days. My understanding is there are two general types of patents, design and concept. Of the two, the design is much weaker as all another party would have to do is to "design" around the patent. Generally speaking, patent pending is a little more effective than an actual patent, as the "honest" potential patent breakers don't quite know what you're patenting.

My understanding, however, is that you really weren't looking for a patent any way....In which case, if you come up with a really catchy name and/or trademark, you can copywrite them. I think Bob is definitely on track with the idea of doing more limited marketing before throwing it out to the world. If you can do that, work out all the bugs, make a name for the product and then go full bore with it, you will stand a much better chance. If it were a choice between owning a patent or owning a market, give me the market every time! Best of luck.

[classic_oak]

thanks guys this will help to keep my feet on the ground jeff

[gene]

Jeff,
After the initial testing and market reaction you could try getting a marketing firm to sell the products to some distributors and at least get that much of a jump on the rest. I think that if its that good of an idea or product that it will be copied with or without a patent. I am curently trying the same thing , So far the stores i have talked to have placed orders. after i get more suited for this i am going to approach larger chain stores so i may need to outsource some of them to keep up( if all goes to plan) For now i am keeping to local small stores and testing the local market for the product . So far its been very well accepted. I guess what i am saying is test your markets and try to saturate as much as possible before anyone else knows what you up to.
I read an article that wal mart put over 1000 new items on their shelves this year. Try to secure orders and line up production and sell , sell, sell.

[bcammack]

I've always been a big fan of Don Lancaster. He's somewhat of a bombast, but really smart and with heaps of experience across a broad spectrum. Here's part of his opinions/advice on patents and patent law.

http://www.tinaja.com/patnt01.asp

[cutitout]

Don't know how to explore this but... I would like to see a webpage that places people with talents (like shopboters)with people with Ideas. The one with the idea promotes the idea, looking for people to get his idea to the next level. The ones with talents give services to the idea, for a portion of the "ideas" stock. Always moving ideas or products forward. The best ideas will rise to the top faster, because more people are helping good ideas, as there stock will becomes more valuable giving the inventor equity in the idea, allowing them to improve designs, and find stronger services.

This is backwards from the way it works today.. the idea needs to have the value not the dream. The prototyping / manufacturing of products will not kill the idea for money only the future value of the stock in the idea is used and once it becomes profitable all get there rewards.

The webpage could even be the retailer for the products to help fund the webpage and promote more ideas.