new idea protection

[shellgate]

What is the name of your state? MA
If someone has a new idea for packaging and marketing an existing product, is there a way to protect that idea?

 

[HomeGuru]

So what's the big idea?

 

[hexeliebe]

Of course there is, NEVER TELL ANYONE ON A MESSAGE BOARD!

 

[shellgate]

I am not giving my idea away. So any thoughts on protecting the idea? Not sure a patent is applicable, since the product already exists. (I am not familar with patent rules)

 

[hexeliebe]

packaging is not considered patentable. A packaging process is. So, unless you have designed a new process (i.e., mahcinery that does the packaging in less time and cost) or you have invented a new packaging material...no you can't.

 

[StephenS]

non-disclosure agreement.

 

[Yuke]

You may be able to get a patent on the packaging if it provides utility. For example, the product allows you to now hang the product on a peg board, as opposed to being stacked on a shelf.

It is also possible that the packaging may provide for a novel and unique method of selling and marketing the product, which has utility.

Otherwise, you may be able to get a design patent covering the aesthetic qualities of the packaging.