Can You Patent A Simple Idea? Options

[mec40404]

Hello again,

I have a question about getting a patent for a simple idea.

For example the magnetic poem pieces people put on the refrigerator or the magnetic business cards. Using that as an example, are they patented already? Did someone have to get a patent for the above idea or because it is such a simple idea, it is not patented.

I know you said it depends on if it meets the requirements, but I'm asking if anyone knows if those type of idea's are ok or not. Thanks so much for your time and effort.


Lisa

[123bowen]

My example is simpler and i hope you understand.

"Post its" those small colourful pieces of paper with glue on one end of the paper are only sold by one or two companies, for that being said, Why dont Cheap China Companies cash on that hot item.

Im sure the there is a patent on "Post its" because you can only buy them from 1 or 2 companies. In united states.

[ucsdengineer]

actually, there is no patent on the post it note's.
instead of patenting it, which only gives offensive rights for 20 years but requires you to give up the info on how to make and use it, they are keeping it as a trade secret.

you can patent anything as long as it's novel and not obvious from prior art.

[lerry]

actually, there is no patent on the post it note's.
instead of patenting it, which only gives offensive rights for 20 years but requires you to give up the info on how to make and use it, they are keeping it as a trade secret.

you can patent anything as long as it's novel and not obvious from prior art.

uscdengineer,
I can't make head nor tails out of what you quoted? A trade secret? It's a piece of paper with adhesive on it? If no patent, there would be twenty companies making them instead of two as mentioned? Please more detail. Thanks...

[123bowen]

Trade secrets are like the secret ingredients like your Grand Moms Special Pasta Saucse to the famous Coka Cola Soft Drink, no one knows it but they both taste good

[kennethc]

To be qualified as a patent by USPTO a patented idea must consists of nonobviousness and novelty. The magnetic poem is a simple idea but doesn't qualify the above.




Topsy Tail is a simple idea but ... It's novelty hence, patent was awarded and millions were sold...

[Winslow]

So if I understood you correct then if I have Grandma's secret Pasta Sauce it might be better if I do not get a patent for it but just keep it a mystery correct? Which this would bring up another question. How I would get approval from the FDA to market my sauce?