Questions regarding patents, copyrights, etc.

[brianm4289]

I am having a hard time finding an answer to a few questions I have and I am hoping you guys can help me out here... My main question is regarding patents to products produced. I am just not sure if some products require patents as they are not an invention but rather just another form of something already out. For example, in the auto industry an aftermarket company would make a performance exhaust system, now since it is basically just bent pipe would it have to be patented? It would have mainly the same bends and same angles as the factory system but just eliminating some of the restrictive mufflers. Or another example, if that company made an interior accessory like a gauge pod or something plastic that bolts into the interior, would a patent be needed? I am just confused on the whole patenting system and what requires one

 

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[GoldenEggs]

A patent is filed because you want to protect your intellectual property/invention. You don't have to file for a patent if you don't want to but you will lack the ability to protect your invention and your brand.

If you make an improvement to an existing product that has or had an exisiting patent, you should talk to a patent attorney.

 

[brianm4289]

i am wondering could such an item even be patented? if not then it really wouldnt be affecting anybody elses invention if they could not even patent it

 

[EastWind]

well, your idea needs to be original enough and practical, else you won't get a patent, even tho you can apply.

for example, bending pipes for exhaust. you most likely won't get a patent on that. i'mean, what are you going to patent, the angles that you bend it at? it's too much of a simple modification and too generic. it's like me designing a cell phone with 100 keys and patenting it, because it has "100 keys" too generic.

 

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[PaulRobert]

Actually Eastwind you would be surprised what you can and can't patent. Some of the simplest objects that have been regurgitated onto the market have a patent on them for some reason or another.

To answer your question Brian, I would think that if you created a new type of exhaust and it was patentable, a design patent would be the way to go. I am not sure if you can or can't patent an new design for an exhaust. Asking a patent attorney would be best.

 

[HenkHolland]

Brian, I would advise you to join the forum on www.intelproplaw.com (this is not spam. I have no involvement with that website).
There are lots of patent attorneys posting on that forum and ready to give you good advice, for free.
Good luck.