QUESTION

Can I get a patent on this so others will not copy and sell it as their own product or is it too basic to worry about?

Asked on Nov 10th, 2012 on Patents - Washington
More details to this question:
I have an idea to manufacture a product to market and sell basic ingredients with each having their own benefits but I want to put them together in one capsule. Can you patent 1+1+1=3 for example? Again, each individual ingredient has its own positive beneficial health properties but I want to put them together in a capsule form. I am thinking of selling this product in Asia. Are USA patent laws recognized in Asia?
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5 ANSWERS

As an initial matter, patent rights are geographically limited, *i.e.*, U.S. patent rights carry no legal authority in foreign countries, only in the U.S. If you want patent protection in Asia, you will need to file patents in the Asian countries you want to sell your product. As for whether you can get a patent for your composition, you should first commission a patentability search to see if your composition/product is novel and nonobvious and therefore possibly patentable. Such patentability opinions are generally less expensive than the cost of filing a utility patent application and being rejected because someone else has already disclosed your invention. If your composition is not patentable, and it has been publicly disclosed for long enough that it is dedicated to the public and there are no other patent rights covering the product, you should be free to make, use and sell your product. Finally, you should seek freedom to operate or "clearance" opinions from patent attorneys in the countries that you intend to sell your product in order to determine whether your product infringes on other's patents. Having a patent for your product does not mean you are not infringing other's patents. You may need to seek a license to sell your product.
Answered on Nov 14th, 2012 at 7:31 AM

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Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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No. Also if the combination of the ingredients has no supplemental effect that patenting it may be hard as it would be deemed obvious.
Answered on Nov 14th, 2012 at 7:16 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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If there is no synergistic benefit of the three ingredients, it will be hard to get a patent. If there are synergistic benefits (that are unexpected), then you have an opportunity to get a patent in the US. If you want protection in Asia, you will also need patent applications to be filed in Asian countries.
Answered on Nov 14th, 2012 at 6:40 AM

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Intellectual Property Attorney serving Irvine, CA at Shimokaji & Associates, P.C.
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Many inventions are an aggregation of already known components. Whether you can get a patent on the aggregation of components will depend in part on whether it would have been obvious to aggregate the components in the way you have done so. Patent laws are country dependent. Therefore, a patent in the US is not of effect in Asia.
Answered on Nov 14th, 2012 at 6:36 AM

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Intellectual Property Attorney serving Spokane, WA at Malhotra Law Firm, PLLC
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To be patentable, an invention has to be new, useful, and unobvious. If you are using known ingredients for their known benefits, you may have a tough time arguing that the combination is non-obvious. Each country has its own patent system. A US patent only covers sales, manufacturing, and importations into the US. You would need to obtain a patent in each country of interest. You would need to deal with the equivalent of the FDA in each country of interest. Also be aware than many countries have compulsory licensing provisions which may require you to allow generics to manufacture your product and pay you a tiny royalty, assuming you do get a patent allowed.
Answered on Nov 14th, 2012 at 5:24 AM

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