Legal Question in Intellectual Property in Ohio

Re: Manufacturing Rights for a Non-Patented Item

Its not a tangible asset, but an intangible one. The answer is that trade secret law can protect something such as this magic item. Trade secret laws vary from state to state, but generally they require that the "secret" not be generally known in the particular industry. If you want to talk further, please feel free to call (469) 371-3082.

Re: Manufacturing Rights for a Non-Patented Item

The absence of patent protection does not mean that the inventor has nothing to offer you, since other forms of intellectual property protection (including trade secrets and "know-how") may apply. However, others could reverse-engineer the product because the invention is not patented. Thus, his offer to give you exclusive manufacturing rights means only that he will not manufacture the device himself (or assist others in so doing). This may be fine for the market in which you are selling, since it is probably not worth the time and expense for someone else to try to copy and produce the device. Moreover, if the device is sold under a trademark, the copies would have to be sold under a different name. It would be ineffective to sell an imitation product for a higher price, so as a business opportunity it would be rather unattractive for an imitator to pursue.

Best wishes,

LDWG