http://www.hi5flashtoys.com/toys-china-manufacturers/
Question about patent when product is made by forgeign manufacturer?
I am doing a feasibility study on a startup; Im doing patent research but the situation is tricky. The product we have comes from a manufacturer in China. They make freight truck brakes and we are marketing one of the components as a doy chew toy. What patenting complications would there be? Could we get a provisional patent here in the US for the intended use we have in mind for the product?
Thanks!
The patenting complication is that your concept is not patentable. As stated by the United States Court of Appeals for the Federal Circuit: ”It is well established that the discovery of a new property or use of an old product does not render the old product patentable.” If you are not changing the structure of the old product, then you have not invented anything new and useful under the patent laws.
One possible way to protect the concept you are talking about is to obtain an exclusive license from that manufacturer for the sale of that component in the United States as chew toy. The problem is that such a license would not preclude a competitor from going to a different manufacturer for a similar component.
[The purpose of this post is to give a general understanding of the law; not to provide specific advice. While a great deal of care has been taken to provide accurate and current information, the ideas, general principles and conclusions presented in this post may differ depending on local, state and federal laws and regulations and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding the applicability any points of law discussed in this post to any specific problem. This post should not be used as a substitute for competent legal advice.]
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