Results 1 to 4 of 4
  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default New Use of an Existing Product

    Hi,
    There is an existing product from a well-known company that is marketing as massage oil. I have found a great new use for it and would like to market it. How does this work? One idea was to purchase the product and create new labels and sell it as something else. Is this legal? The other idea was to market it to the company- and basically they would do the same- use a new label and sell it for a different use. How does this work? Do you patent the idea?
    Thanks so much!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: New Use of an Existing Product

    Depending on your use, you may be required to include information on your label that you can't know from the massage oil label.

    You can pitch your idea to the company but you cannot protect the idea - that is, I do not expect that they will agree to a noncompete before they hear how you pitch an alternative use for their product (and if they did they might later say, "We had already considered that use"), and absent an agreement of that nature they could turn around and use your idea without paying you royalties.

    If there's real money in the idea, consider hiring a chemist to reverse-engineer the formula, improving the formula for your alternative use, then creating and selling your own product. That should be a lot cheaper, once the initial steps are taken, than buying their product even at wholesale.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: New Use of an Existing Product

    Good advice.

    Reverse engineer it and produce your own. You really do need to know the contents of the product.

    For example, it could be harmful to another material if used in a different context. You'd be risking various types of liability if you sold a product without a full understanding of its contents.

    You would not be able to patent your use of it. That is not the purpose of a patent.

    You would want to come up with a good product name and trademark that.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: New Use of an Existing Product

    Quote Quoting jcbr
    View Post
    Hi,
    There is an existing product from a well-known company that is marketing as massage oil. I have found a great new use for it and would like to market it. How does this work? One idea was to purchase the product and create new labels and sell it as something else. Is this legal? The other idea was to market it to the company- and basically they would do the same- use a new label and sell it for a different use. How does this work? Do you patent the idea?
    Thanks so much!
    If its for a different use then you likely do not need their exact product. I would guess massage oil ingredients would cost about 1-5 dollars a pound, so why buy something you could make yourself??? I cannot answer your patent question due to the lack of information provided. Not everything thats saleable is patentable.

    1. Sponsored Links
       

Similar Threads

  1. Patents: Have Idea to Improve Existing Product Which Already Has Patent
    By no1texan in forum Intellectual Property
    Replies: 2
    Last Post: 07-29-2011, 06:09 AM
  2. Patents: Can you Get a Patent for a New Use of an Existing Product
    By colkurtz in forum Intellectual Property
    Replies: 3
    Last Post: 11-07-2010, 11:38 AM
  3. Patents: New Use for Existing Product
    By MCJustJ in forum Intellectual Property
    Replies: 2
    Last Post: 08-21-2009, 08:31 AM
  4. Retailers: Paid for Product, Never Got Product, Company Refuses Refund
    By Collin in forum Consumer Law
    Replies: 1
    Last Post: 05-13-2009, 03:38 PM
  5. Business Issues: Repackaging Existing Product
    By mcwtpg in forum Business Law
    Replies: 2
    Last Post: 08-26-2008, 07:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources