Home – New Forums Starting your journey US Patent Pending

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  • #970945
    Nostalgic
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    • Total posts: 2
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    Hi Everyone, I have visited this site on several occasions..but this is my first post…

    I have been sitting on an product idea, which already exists in the USA and has a patent pending.

    I could become a reseller of this product in Australia, and NZ, but I thought it may be much more profitable if I simply just produce the product here.

    I am 100% certain there is a market for it.

    It is a small nostalgic item that I could make up myself once I get local basic supplies.. using just a few materials..plastic, metal, fabric and labelling and a container….
    My item is based on the same idea, but with quite different styling. The American product is made from cheap plastic materials,whereas my product would be redesigned to a more sophisticated, traditional style, but retaining the same use or purposefulness.

    I am concerned if there are any laws preventing me from producing this product locally..
    Hopefully someone who has been in this situation could offer me some advice.

    Thank you,

    #1046926
    Anonymous
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    • Total posts: 11,464
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    Hi there Nostalgic,

    I’m not the right person to help with your queries, but I did want to welcome you to Flying Solo, and say thanks for deciding to get involved =)

    Hope the advice you need turns up soon.

    Best wishes
    Jayne

    #1046927
    Nostalgic
    Member
    • Total posts: 2
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    Thank you Jayne, for your welcoming message.

    I am eager to hear responses…My mind is itching to get things going and get some advise. I guess I need to look for some local patent attorneys and make an appointment with an accountant as a starter…..

    Forgive me I am so new to this business world!

    My husband says I should start off by doing a Small Business Management course….Does everyone starting up a new service/product do a course? Or they just have good mentors and get great advise?

    Ho hum..so new..so much to learn..
    But.. I still think my product will sell!! :)

    #1046928
    jogiaspatent
    Member
    • Total posts: 3
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    I understad that there is a patent pending in the US for a product which you wish to market in Australia following modification to the product.

    We could assist you in the process to first determine the merit of your product and whether you could obtain intellectual property protection by patent or trade mark, or design registration.

    We provide the full range of IP services throughout Australia and globally.

    We would be delighted to assist you.

    Please feel free to contact me at Jogias.

    Kind regards

    Madhu

    http://www.jogias.com

    #1046929
    nitro-it
    Participant
    • Total posts: 77
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    A US Pending Patent is in the US only. Do a search at IP Australia to see if an Australian patent has been filed yet. If the US one has only been recently filed they might not get to Australia for another couple of years, however once they do and find out you’ve ripped off their idea then they could go after you because they’ll have a priority date on their invention dating back to when it was filed in the US.

    Best to get some advice from an actual Patent Attorney though.

    #1046930
    JacquiPryor
    Member
    • Total posts: 2,344
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    Hi Nostalgic.

    I second the comments that you need to speak with a patent attorney on this one – they will need further disclosure on the actual patent found, as well as your own product intention to make further determinations.

    As nitro-it said, if the US patent is relatively new, they may still bring it to Australia – patents work to particular time-frames, which can include the seeking of an international patent that ultimately ‘nominates’ Australia as one of the countries for their patent protection. The date they filed in the US forms their ‘priority date’, which basically dictates the time to take other steps for international protection; but, could also prevent you from gaining rights in any other country as it would be a prior right for them; patents must be new – so, can’t have been released/published/sold etc by anyone/anywhere.

    You may also need to consider whether the US patent holder has built a reputation on the product, including in Australia. If you are seen to be ‘passing off’ your products as being theirs when they’re not, other issues can arise.

    There’s a few areas that need to be looked at with your proposed business product and truly, legal advice should be sought. The posts here can’t be taken as such advice, as these matters are ‘case by case’ and can vary dramatically so, really only information and ‘food for thought’ can be provided.

    All the best,

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