Patent/copyright on new product

bistro

I have recently developed a product for a client that i am considering turning into a marketable product. Its a printed booklet of a sorts. It will be a promotional product, made from paper, for sale on the Uk and mainland european market.

The only competition i can find for this product is a UK based company. I have also found the item for sale from some chinese/taiwain based companies. From research, i have found that i can have the item built in china for 0.40 odd cent each, where as the UK company are selling to trade at 1.98 each.

My question here is where can i have a proper patent/design check done that doesnt involve spending thousands on an official search (see here)
I have trawlled through different online patent search engines for days now but to no avail. Any help?

515

Well, to answer your question you can search the patent databases for free... Try here for European patents and here for US patents...

However, I have 3 concerns.

1 - You say you developed the idea for a client... this would complicate the ownership. They may own the idea if it could be protected.

2 - If you have already put the product onto the market for the client, then it would be too late to file for a patent.

3 - You say there are companies already producing this in the UK and China? If so, you cannot get a patent for it, as it is not 'novel'.

Pixelcraft

you also say it's a printed booklet, so how would you ever patent that?

conolan

I think you should be thinking copyright not patent. The ownership issue is important here. Perhaps the client owns the copyright, unless you arranged otherwise.

Is it the content or the presentation you think unique?

bistro

Hello all,

Cheers for your responses. To answer questions:

1 - You say you developed the idea for a client... this would complicate the ownership. They may own the idea if it could be protected.
Small company came to me, they seen the idea abroad, wanted it for their own promotion. Not protected by them anyways.

2 - If you have already put the product onto the market for the client, then it would be too late to file for a patent.
This is true. However, i dont want to patent it.

3 - You say there are companies already producing this in the UK and China? If so, you cannot get a patent for it, as it is not 'novel'.
This suits me quite well. I assumed that if it were being produced elsewhere, it must not be a protected idea.

4 - you also say it's a printed booklet, so how would you ever patent that?
Theres a little more too it than just a simple saddle stich / bound booklet.

5 - Is it the content or the presentation you think unique?
The content is not important. Its the presentation and design of the booklet which will leave it very sellable to many different marketing and promotions companies for use with whatever content they see fit.


Cheers

antoinolachtnai

There are books of these designs that you can buy. I saw one flying around one of the graphic design companies the other day.

Sometimes people do get patents on this type of design. Is it marked as being patented? If not you are probably ok (but look for advice on this).

Even if it is patented, it is always a question how 'defensible' the patent is. This is a complicated subject in practice.

My biggest recommendation would be to get all the books you can and to be familiar with what has been done in the past.

a.