QUESTION
I have an idea that modifies and improves packaging of a product that currently exists. Does my packaging "idea" qualify for IP protection?
Asked on Sep 11th, 2012 on Intellectual Property - New Jersey
More details to this question:
The product already exists and marketed on retail shelves and is manufactured by several companies, albeit, different formulations. My idea is to have the liquid manufactured and packaged innovatively for multipurpose usage and in premeasured applications. I would like to license the way this product is used and packaged.
1 ANSWER
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In order to qualify for protection under applicable intellectual property laws, you would need to demonstrate that your packaging system contains elements of both non-obviousness and novelty. The overwhelming likelihood is that you could not meet either showing, but it would be worth discussing your plans with an attorney. Even if not patentable, you might have a sufficient competitive advantage to have your product be commerically successful. Good luck with it.
Answered on Sep 11th, 2012 at 8:20 PM