Home – New Forums Starting your journey Bringing an idea to Australia…legally

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  • #966238
    CuppingAndAcupuncture
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    Hi All,

    I recently travelled to the US and stumbled across a product that is simple and unique that I believe could work in Australia. As far as I can tell it is not patented in the US through patent searches. There are already 2 companies currently making and selling these over there.

    I have designed my own version that differs, but not by much as the product is so simple. The basic aim of the product is exactly the same though.

    Now, my question is…can i get these made and start selling them here without getting into any strife? Is there anything stopping me?

    Any help would be greatly appreciated.

    #1016946
    JohnSheppard
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    I’d see a lawyer. It’s worth the $1000 (or whatever it costs) to have piece of mind I reckon.

    Also. Why not just import the products? ring them and ask them? and it might be cheaper and easier for you also.

    Just some thoughts anyway.

    #1016947
    RawMarketing
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    I really hope it is ShamWOW! …. I’ve been watching that guys Infomercials lately and I’m so addicted to it… (though I haven’t bought one).

    #1016948
    CuppingAndAcupuncture
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    • Total posts: 18
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    I think I will see a lawyer actually, safest way…

    I think they have ShamWoW here dont they? I have seen demonstrations and must admit that they are quite impressive :)

    Using the ShamWOW for example though…I know they also have the Sham Magic which is identical. So my question is…can anyone copy this idea as long as it is not breaking any trademarks(such as the name ShamWOW and Sham Magic) in place? This is assuming that you modify the materials used in creating the cloth to some extent…

    Anyone got any ideas?

    #1016949
    work4me
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    CuppingAndAcupuncture, post: 19287 wrote:
    Hi All,

    I recently travelled to the US and stumbled across a product that is simple and unique that I believe could work in Australia. As far as I can tell it is not patented in the US through patent searches. There are already 2 companies currently making and selling these over there.

    I have designed my own version that differs, but not by much as the product is so simple. The basic aim of the product is exactly the same though.

    Now, my question is…can i get these made and start selling them here without getting into any strife? Is there anything stopping me?

    Any help would be greatly appreciated.

    Hi Philip,

    Most companies are usually very quick to put the patent number or patent pending on their products if it is registered or being registered. Did you check if there is anything like that on the product?

    Patent law is so complex and in my recent dealings with patent attorneys sometimes unpredictable, that it is worthwhile seeing a patent attorney if you believe it can make enough money here to justify the expense.

    Kind regards,

    #1016950
    CuppingAndAcupuncture
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    I did not have the chance to see if there was a patent number or anything of that nature on the product. I searched under obvious names that the product would be called but could not track it down on the USA patent register…

    Another question I have which I mentioned in my last post… to what extent does a patent protect your product?

    Another example, please see this watch for example..
    [url]http://http://www.slashgear.com/wp-content/uploads/2008/11/100-percent_led_watch_1-427×480.jpg[/url]

    Its pretty cool dont you all think…the main concept is that the watch is faceless and the gap between the links illuminate to reveal the time. Now, say i was to totally redesign the style of the watch and change sizes etc. But the fundamental idea of the time showing between the links was the same, would i be in legal danger?

    To me, it seems the lines are blurred and hard to define.

    #1016951
    Anonymous
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    Hi there,

    Can anyone recommend a good patent attorney or business that helps SMEs with patent issues and questions.

    I think I may have something to patent internationally and need guidance but don’t have the funds to pay a lawyer an hourly rate.

    Thanks

    #1016952
    Steve_Minshall
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    CuppingAndAcupuncture, post: 19862 wrote:
    Another question I have which I mentioned in my last post… to what extent does a patent protect your product?

    I have always believed a patent protects your product as far as you are prepared to defend it. If someone copies your product it is up to you to pursue them legally with all the associated costs. One of my suppliers markets a product that is a blatant chinese copy of another’s old model line. You can tell from the shape that the chinese factory has used the original to make its tooling from. However, despite deep pockets it went unchallenged because the cost of pursuing it and possibly losing just wasn’t worth it to protect an old product line.

    On the otherside I have heard of big corporations taking on little companies by either challenging or violating patents because of the financial damage the legal action inflicts.

    But then again I’m no lawyer.

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