QUESTION
Is it legal to use a base product already on the market and add ingredients and change label for resale?
Asked on Apr 08th, 2014 on Patents - Oregon
More details to this question:
I add to a good product and make it an excellent one. I want to patent it but not list secret ingredient. The combination of the other ingredients are very common without a patent. I use the same jar it comes in that already have an expiration date and lot number. I take the old name and other information off the jar.
3 ANSWERS
Appellate Litigation Attorney serving Boston, MA
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For multiple reasons - NO. You cannot reuse the original packaging - as you have changed the original product. You likely must disclose the secret ingredient on the label. You might be able to get a patent if the combination is new, useful and not obvious - and again - the secret ingredient must be identified.
Answered on Apr 09th, 2014 at 8:11 PM
It is illegal to re-label another company's product and pass it off as your own, even if you add a couple of ingredients.
Answered on Apr 09th, 2014 at 8:08 PM
Once you buy a product from a licenses or legitimate seller then you can do what you want with it without fear of being sued by the maker of that product for patent infringement. However that does not address all the FDA, UL and other regulatory body concerns nor does it address any potential issues you may have both trademark or copyright infringement. I have not seen your packaging and advertisements.
Answered on Apr 09th, 2014 at 6:29 PM