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Patent, Trademark or Nothing

Discussion in 'Copyright, Trademark, Patent Law' started by Dean83169, Feb 15, 2020.

  1. Dean83169

    Dean83169 Law Topic Starter New Member

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    Jurisdiction:
    Connecticut
    I had a small company ask me if I was able to make their product work with a large worldly product. The large company sells the same product but only they sell it for 4 times the amount of the small company. I basically didn't invent anything but just took both companies pieces and figured out how to make them work. I feel anyone of my caliber can do this but have not as of yet. The small company wants me to show them how I made this happen and want to market that their product works with this large brand name. They want to create instructions on how to do this. They have a lot to gain from this since no other brands would work on the market with the large company brand.
    Do I have something here? I didn't write a program, I didn't create a device, I simply took the components from each company and used the software that the large company has for free to make it work. I do not know why someone has not come up with this as it was very easy to do.
    What do I do?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Get lots of money before you tell anybody how it works.
     
    Michael Wechsler likes this.
  3. flyingron

    flyingron Active Member

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    If you've not disclosed the technique (including selling products based on it), then it might be patentable if it is non-obvious. Whether it's worth trying to get a patent we can't tell at a distance. There are attorneys who specialize in this.

    A trademark doesn't protect the invention, just the brand name it's marketed under.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If anyone can do it, e.g. just using an API to create a solution, consider the relatively low barrier to entry regarding your leverage. what do they want - to purchase the software? Pay you for the process so they can replicate and sever your relationship? Without knowing more, my instinct is telling me that this seems more along the lines of strategically approaching a business contract rather than a patentable invention. Consider what may be a low barrier to entry for a solution - but one you already have - and what it would cost to hire someone to recreate it from scratch; the time they save by buying your expertise/product; whether you want an ongoing maintenance fee, etc.

    But the advice given by @adjusterjack is spot on - ask them what relationship they envision going forward before proceeding and make it worth your while.
     
  5. Dean83169

    Dean83169 Law Topic Starter New Member

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    Thanks all for the reply’s.
    The App I didn’t create, nor the software. I just took each companies equipment with their software and wired them to work with the app.
    I had done a project for the smaller company at their headquarters for other stuff and they asked me if I was able to make their product work with the larger companies equipment. I was able to do this where they said they were not able to get it to work.
    I don’t think I would do future work for them or that they would recommend me out to program the product. The smaller company sells their product to wholesale companies. My role was to get their product to work with the large brand company app and controls which I did.
    Not sure the leverage I have but being a nice guy doesn’t get me anywhere when they have a ton to gain.
    Still not sure what to do
     
  6. army judge

    army judge Super Moderator

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    You should speak with a couple patent attorneys or agencies that assist a person in obtaining a patent.

    That way you can determine what MUST be done next.

    You aren't going to obtain a FREE answer that you should use to take any further actions.

    What you're looking at could be very financially rewarding of done properly.

    It could also be very expensive if done improperly.
     
  7. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Have you asked or probed the company what they would be willing to pay for your solution? While I wouldn't rely solely on their response, this may give you an idea of the perceived market value and whether it might be worth going the legal / intellectual property protection route. Patent work is very expensive and time consuming.
     

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