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/biz/ - Business & Finance


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13732315 No.13732315 [Reply] [Original]

Is there anyone on /biz/ who knows anything about patenting?

>> No.13732334
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13732334

>>13732315
yes, what do you want to patent?

>> No.13732337

>>13732315
Yeah, it's a long shitty process that jews you every step of the way. Unless you've got a sure thing and a business model already in place to market it, it's not worth patenting. Not to mention you should be 100% positive that nothing even remotely similar has been patented already, otherwise you still spend all your money and don't get a patent out of it.

>> No.13732344
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13732344

>>13732315
henlo? no i didnjt know

>> No.13732397

>>13732334
I want to patent a nutraceutical. I wanted to know, can I use medical studies made by other people/universities as part of my patent?

>> No.13732469

>>13732397
that’s actually one of the easier things to patent and enforce. patents fall into three categories, nucleotide/plant/drug patents, design patents and utility patents. you can get a patent agent to file it for you instead of a patent attorney since its an easier patent than the other types. they also last longer(20 years instead of 7years) you can even become a patent agent yourself and take the uspto exam if you have a clean record and a degree in the field in which you want to patent. its a difficult test though ive been studying for it for a few years now off and on. The patent agent will charge $1-5k and the filing will cost fees as well, around $1k probably.

now medical studies made by others will be evidence of prior art if they invented the nutraceutical before you did. but it must be very close or exact. if yours is different then you can still patent your nutraceutical based off of the drug composition. if you need fda approval you will need medical studies which will cost a lot. many never get fda approval

>> No.13732575

>>13732469
I don't need FDA approval but I do need patent protection.

So I'm a little confused, the studies are each on a separate ingredient I'm using; none of them use my formulation as a whole, or even more than a single part really.

So that being the case, can I use the studies for proof of the efficacy of single ingredients, or would that not be allowed?

>> No.13732589

Yes, ben Franklin worked in the patent office and therefore I can't give him any credit for inventing because he likely stole it

>> No.13732738

>>13732469
So I think what you're saying is that if any of the studies are too similar then I can't patent the formulation

I'm actually trying o ask if I can use their studies to get my formulation patented

Or are you saying I don't need studies to back up my patent?

>> No.13733225

>>13732575
if these studies not done by you prove whatever the ingredients you are trying to patent then its probably prior art and you wont get a patent granted

>>13732738
you will need fda approval for a drug patent if its used on humans. studies need to be done for this and it needs to be your studies

if you dont need fda approval then you will need to describe how to make it the chemical composition and what its used for. much easier than fda approval

the uspto sides with prior art so you are granted a provisional patent for 1 year. you should try to sell your product and if it makes money use that money to hire a patent agent before the 1 year expires

>> No.13733255

>>13732738
if the ingredient is already made but you designed a new use for it then you can attempt to get a utility patent if there is no prior art of that use case before. utility patents are harder to grant and enforce and are less time than a chemical patent

>> No.13733304
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13733304

>>13732315

You rang?

>> No.13733446

>>13732315
fuck off Craig