I have a idea I like to know how to go about marketing it legally. Do I need to patent it... before hand.?

Question

I bought this product about 4 years ago. I cannot in my searches find any thing like it or close to it.
I made a phone call to the orginal people that had it out for sale.
and they told me they no longer make it.
Its a product that would sale mostly in the stationary dept. and at office supply stores.
Does anyone know what are the steps I need to take to put this out for sale and market it.???
The company I called, I ask for their marketing dept. and ask the question was there a license or patent on this... and she told me she does not know. lol. You would think they would have something on it...... but maybe not either. I just do not want to get myself into any money trouble like being sued or the like. I live on a fixed income and could not afford anyone sueing me...... Not even to mention where the money is coming from .produce it.

So I am still in the dark as to what to do, can anyone help me out with some advise? thanks for those who helped... Carol in Ohi

Answer 1

Since this product is not of your own creation NOR are you affiliated with the owner of the product, filing a patent in your own name is probably not likely. However, each situation varies from the next so your best would be to (1) do a patent & trademark search at the USPTO & (2) if you CANNOT find it there, consult with an Intellectual Property attorney. I understand you're on a fixed income but if you're really going to go ahead with this, it's best to be prepared NOW for what might happen in the future. Also, you can find out if selling this product yourself is worth the risk.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

This does not mean you can reproduce it for sale,not that exact product.You can however change anything about it and it would be entirely yours.Then you must get a patent.Then you contact companies,that may reproduce it or sell it if you can keep up with supply and demand.What I would do is sell the idea.And not try to go through the manufacturing of it if I was you that can make or break you.When you get the patent you will need to talk to an patent attroney to help you.If it's just a simple thing then write out your discribtion of the product and what it does and how you made it all the details.Then take a copy of that and lock it up in a safty deposit box at a bank,oh yeah don't forget to add dates.Then contact companies.Good Luck,and I hope this is what you were asking for.

Answer 3

Well, I wouldn't necessarily take the word of someone in a marketing department as gospel. They'd have no reason to know whether or not a product they no longer make is patented.

By the questions you're asking, I'm going to assume that you haven't really thought the whole thing through. Because you have to not only have money to manufacture this item, but also find a source (a manufacturer). And then you have to figure out how to get it from the factory into peoples' hands, which takes getting it to stores. Unless you plan to sell it on eBay or some other online store.

So, you need a manufacturing plan, a distribution plan, a sales and marketing plan... basically, a from-the-ground-up business plan. Once you do that well you'll at least have some vague assumptions about the total investment necessary. At which point you can either throw up your hands or figure out a way to get investors. Which adds to your costs, increases your timeline to get to market, and reduces your potential return.

On a fixed income, I don't even know where to start to advise you. I'd call your local SBA office (www.sba.gov can point you in the right direction) and see if there's a SCORE (Service Corps of Retired Executives) counselor in your area. They are (as the name implies) retired businesspeople who advise entrepreneurs for free.

I think you've got a lot of homework to do before you could have a productive conversation with anyone at the SBA, though. Good luck in your research!

Answer 4

Get hold of the local Patent department. Thay will be able to tell you wether its been done or not! Also there could be something else out there that has a patent and your product could fall into that bracket! You have alot of research to do! So good luck!!!

Answer 5

Hi, perhaps you can try Google adwords to market your service/product.

Google adwords is a text-based system for advertising on its site and its partner sites. The service allows you to create your own ads, choose keywords to help match your ads to your audience, and control the cost of your advertising—you pay only when people click on your ad (a cost per click plan). Anyone wishing to promote a product on Google can enroll in this program.

you can get a 5 detail pages information about Google adwords at :

http://www.adcenter.net.cn/google-adwords-1.html

Good Luck && Best Wishes!

Answer 6

You can not patent stuff you don't have the rights to. That would be illegal in itself.