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CateT
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bb1, post: 261960, member: 53375 wrote:
Before you go to far down the track of some f the suggestions above, I get the impression this item is unique, and as such do you need to consider patents or other protections for your product.

Hi Bert, yes it is unique and to be very honest, I am quite worried about releasing the design and having it knocked off and cheap overseas plastic products then being made and sold. Because, for example, who will buy my product at $30 if they can get exactly the same for $10.

I have researched patenting the design as the designers told me I should patent the ‘design’ rather than the type of item. But, my research tells me that to patent a design, it will cost around 10K as you have to use a patenting lawyer, etc. (And that’s only for Australia, not international). And, worse than that, if someone still knocks off the design, then I have to spend more money hiring a lawyer to fight them to prove they breached the patent.

I have been reading many points of view; some people say that patenting it is a waste of money due to the costs and time in prosecuting someone who does knock if off, but other people are saying that patenting the design is essential and should be done before any public displays of the item, because, apparently, once the item is shown to the public (i.e. picture put on the web), patenting can no longer be done and anyone can then copy it without recourse.

So, I’m terribly unsure what to do and of course, this is another huge upfront expense I have to factor in, without even knowing if the product will even take off. It’s a big risk. I have sent off for a design patenting quote to two different law companies this week but no response as yet. I will confirm the likely cost and then maybe talk to the lawyers about whether or not I really need it.

Thanks so much for your reply. Everyone’s advice is really helping me as I have never done this before and am really not sure what steps are involved.