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Can you patent something illegal?

Can I create and patent a formula for a product used for something else?

  • I have had an issue with a cosmetic defect on my car for a while. Nothing worked at removing this defect until I stumbled across a product that was used for something totally different. After applying the product to the area of concern, I realized that it worked better and was a lot quicker than the previous products I tried. Should I try and contact the makers of the product or can I patent the formula?

  • Answer:

    I am not a patent attorney but have secured a few patents. I do not believe you can get a patent on a product already in existence even for a different use. More important than that, getting a patent is a long, difficult, time consuming, very expensive and uncertain process. A small business person is much better off putting their time and money into marketing the product. Having a strong brand and solid distribution is worth 10X more than a patent. If it were me, I would not contact the company. I would figure out how the product is made (the ingredients) and how much you could make it for, find packaging for it and go to town. Seriously, if you are looking for a business partner and some experienced help in doing this (I have directed the launch of over 30 new products and have some capital) I would be willing to review the idea.

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I am not a patent attorney but have secured a few patents. I do not believe you can get a patent on a product already in existence even for a different use. More important than that, getting a patent is a long, difficult, time consuming, very expensive and uncertain process. A small business person is much better off putting their time and money into marketing the product. Having a strong brand and solid distribution is worth 10X more than a patent. If it were me, I would not contact the company. I would figure out how the product is made (the ingredients) and how much you could make it for, find packaging for it and go to town. Seriously, if you are looking for a business partner and some experienced help in doing this (I have directed the launch of over 30 new products and have some capital) I would be willing to review the idea.

If you are saying you discovered a new use, repairing a paint scratch for example, for a product that was not intended for that purpose, mayonnaise for example, then you can patent a method or repairing paint scratches that involves using mayonnaise. After you get the patent, or at least after you apply for that patent, you can try to arrange some deal with the mayo manufacturer...either the deal would let them sell the mayo in a paint scratch repair kit, and pay you a royalty, or maybe you would pay them a royalty for the privilege of making the mayo and selling it. The third option is that you just buy their mayo and resell it in a paint repair kit.

you can't patent someone else's work or product; you are not the inventor.

If you are saying you discovered a new use, repairing a paint scratch for example, for a product that was not intended for that purpose, mayonnaise for example, then you can patent a method or repairing paint scratches that involves using mayonnaise. After you get the patent, or at least after you apply for that patent, you can try to arrange some deal with the mayo manufacturer...either the deal would let them sell the mayo in a paint scratch repair kit, and pay you a royalty, or maybe you would pay them a royalty for the privilege of making the mayo and selling it. The third option is that you just buy their mayo and resell it in a paint repair kit.

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you can't patent someone else's work or product; you are not the inventor.

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