Patenting Chinchilla Products?

[zoogirlee]

I am just curious about something. I recently read in a different thread that someone is trying to patent their chinchilla products that they make and sell. One of those products is a fleece hammock.

I'm not trying to be rude, I'm just simply curious as to how someone can justify patenting a product that SO MANY people across the world are also making and selling, and probably started making and selling them before this person ever did.

So, if someone can patent a plain fleece hammock, and say that no one else can legally make and sell plain fleece hammocks, then does that justify me going out and getting a patent for chew toys, or wooden chin houses or anything else that a million other people also make and sell?

Again, I am not trying to start a war, I'm just curious about what other people think about this subject.

[kriskitty22]

Interesting question. My thought is that this item is probably already patented by one of the larger companies that sell to pet stores and the like. I was under the impression that you could only apply for a patent on an idea that was wholly of your own creativity and making. Therefore, I agree with you on the subject.

[zoogirlee]

That's what I thought.

How can someone patent a generic item like that? :dunno:

[ladove]

In order to patent a product it must be significantly different from those which are already in existence. If it isn't it WILL get rejected.

http://www.patents-info.com/Default.aspx?PageContentID=31&tabid=177
The standard for what is patentable subject matter in the United States is "anything under the sun made by man" that is new (novel), useful, and non-obvious.

[Kmammone]

And you have to be VERY specific on what you are patenting, what makes yours different. Right down to every last bit of material and the exact size and shape including measurements.
We did copyright our cage plans, because we found people selling them on the web. But copyrights and patents are different. And our plans were given freely prior to people doing that. Since our cages were very different from others when we designed them, it didn't seem right for others to be profiting off of them.

[CHINCHILDREN]

i agree. something needs to be either ORIGINAL or SIGNIFICANTLY DIFFERENT than any product that performs the same function.

i would be surprised if it goes through.

[ForCHINate Chins]

I was thinking the same thing the other day when I saw the post. I made a few hammocks and sold a couple just to see if they would sell, all hammocks are baiscally the same, just some people put them together differently, or with different hardware, but they are all basically the same. I have thought about offering my hammocks for sale on CnQ as well, just to make some extra money for my rescue, and maybe get a new cage or two, I have a TON of organic apple branches, pear branches, and grape vines I'd like to sell on here for my cage fund as well, what if someone patents that LOL. I don't think that you can patent an Idea that isn't your original idea.

[Chewy]

I have also thought about selling my hammocks on CnQ but I don't want the "patent police" on my tail trying to get me to stop b/c mine look similar! LOL

[Virginia]

I looked up patent stuff when this all first started, and it says it can be something thats on the market already, but ONLY if you have really improved it and made it better. So Im not sure how a patent on the hammocks would work, but Im sure there is more to it then Im understanding

Virginia

[ForCHINate Chins]

From what I have read, it has to be an original idea, and "hammocks" have been around for years LOL!!??