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  #1  
Old 11-18-2008, 01:04 PM
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Join Date: Nov 2008
Posts: 4

Covering My Butt


I live in Nevada and have a question. I'm wondering if it's legal to purchse a product, repackage it under a different name, and resell it.

Say, for example, I find a simple clay-based skin masque (powdered clay plus added fragrance), and I find out in applying it to my hemorroids, that the clay shrinks the swollen membranes. Is it legal to repackage the masque under a different name and sell it as a hemorroidal relief product?

If yes, can I then patent the product for this specific use?
  #2  
Old 11-18-2008, 05:56 PM
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Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,586
Quote:
Originally Posted by LadyHawk View Post
I live in Nevada and have a question. I'm wondering if it's legal to purchse a product, repackage it under a different name, and resell it.

Say, for example, I find a simple clay-based skin masque (powdered clay plus added fragrance), and I find out in applying it to my hemorroids, that the clay shrinks the swollen membranes. Is it legal to repackage the masque under a different name and sell it as a hemorroidal relief product?
This would generally be legal under intellectual property laws, but you would need to research the laws regarding pharamceuticals or nutritional supplements to determine what other testing or other requirements there may be for your product.

Quote:
If yes, can I then patent the product for this specific use?
It is generally very, very difficult to obtain a patent for a new use of an existing product without any further improvements. Your best bet would be to sit down with a local patent agent or attorney who could review the actual facts of your situation, and advise you accordingly.
  #3  
Old 12-06-2008, 03:22 PM
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Posts: 4

Thank you


Thanks for your prompt and professional viewpoint. I truly appreciate your opinion.
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