Legal Question in Intellectual Property in California
Novelty product....copyright or patent?
When developing a novelty product, is it possible or necessary to have the idea copyrighted or patented? (The item would be easy to copy and uses materials already in existence.)
2 Answers from Attorneys
Re: Novelty product....copyright or patent?
Best guess, design patent.
Re: Novelty product....copyright or patent?
Your product may be entitled to patent protection. However, "novelty" of the product, as used in patent law, has a different meaning, i.e., is it new in the art or will it be barred by "prior art"? That is an important threshold to determine if it is patent eligible. There are other statutory hoops you must jump through as well.
Your question needs to receive advice from an attorney registered to practice before the United State Patent and Trademark Office. Contact me if you wish to pursue this.
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