What Can I Patent?

[Toxic]

What is the name of your state? Minnesota

Ok, lets say I have an idea.

Number one, can it be patented? If I have a special recipe for an alcoholic beverage and a better and more unique way of packaging it for retail sale, can this be patented? This type of packaging as of now is non existent.

Number two, can I also copyright the name when chosen?

Number three, is there any way I can document or protect my idea prior to meeting with a potential investor?

I would like to explain further but hate to get into specifics for obvious reasons.

Tox

 

[divgradcurl]

Number one, can it be patented? If I have a special recipe for an alcoholic beverage and a better and more unique way of packaging it for retail sale, can this be patented? This type of packaging as of now is non existent.

Potentially. Inventions can be patented if they are useful, novel, and non-obvious. Each of these has a specific legal definition, of course, so there is no way to tell whether your specific inventions are patentable or not. Your best bet is to find a patent agent or patent attorney and discuss your invention with them. You can use Google, or search here for an agent or attonrey: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html

As far as your recipe goes, recipes can be patented, at least theoretically -- in practice, however, it is very difficult for a recipe to meet all of the requirements and jump all of the hurdles required to obtain a patent.

Number two, can I also copyright the name when chosen?

No. Names, short phrase, and the like are not copyrightable subject matter. Names can really only be protected, if at all, via trademark -- once you begin selling your product, consistent use of a name in commerce will start to establish trademark rights in the name. You may also seek a registered trademark by filing an application with the USPTO -- but even a registered mark needs to be used in commerce.

Number three, is there any way I can document or protect my idea prior to meeting with a potential investor?

For maximum protection, you'll want to file an application on your patent (provisional or nonprovisional). You will also want to have the other patry sign a nondisclosure agreement, that will provide you with a remedy should the other party disclose your confidential information. You will want to seek the help of an attorney to help draft an NDA that will be both binding and enforceable against the other party. However, note that many companies will not sign an NDA until it is vetted by their own egal department, so you need to be prepared for that -- it may require redrafting to suit a particular client.