Quote: (09-23-2015 05:43 PM)germanico Wrote:
I have an idea for a cheap marketable product that would fit perfectly in the infomercial segment.
Thing is, it is not a new invention, but merely a repurposing of a very cheap, very ubiquitous useless product that was everywhere a few years back as promotional items. You probably have a couple of them in your house right now. Its so common I could do a google search for "item + in bulk" and find a dozen manufacturers that could deliver 10000 of them by next week.
The new use I have for them is something everyone could need. Something you could keep in a drawer for years and just pop out whenever you need it. It is something that would be useful in any household. One of those things you dont realize you needed until you use one, and once you use one you cant figure out how you used to go without one.
So, can one get a patent (or secure commercial rights for that particular application) for an already existing product that doesnt need any changes or improvements to work?
I don't know where you're from or whether the patent laws are different there, but basically, no. The law prevents you from protecting a 'mere idea' - ie you actually have to 'invent' something. If that thing is already in the public domain (the invention itself) then it constitutes 'public knowledge' and can't, by definition, constitute a secret invention.
Repurposing something by definition could not, and would never be allowed to be, patentable. If you think about the implication of that:
You have this fantastic idea about how to use an existing product differently. You do not modify, or in anyway adapt that product (sticking a few LEDs or fluffy tassles on it doesn't count). If you are granted a patent, it is for the invention itself, not the idea behind its application. If you were to be granted a patent over a product that was already in mass circulation, you would, under patent laws, have a right to sue anyone who infringed your patent - that would potentially include the manufacturers of the product that gave you the idea in the first place. You could effectively retrospectively put them out of business. Part of patent law (I believe, it wasn't my specialism) is set up to protect businesses from this kind of unscrupulous behaviour.
If they already had a patent, and you applied for, and were granted a patent because your idea was different, but the invention the same, what would happen when the object, bought for the purpose of doing what you intend it to be used for, is actually used for the original company's purpose? Do you have a right to sue for breaching your IP?
You can imagine how complicated the scenarios could get if what you are suggesting were allowed...