It is being used on the floors of a major corporation n the owner of the hotel n ALL the customers are raving over the smell. It is also being used in the shampooer machines and can be used as car freshener
If possible, you should file a patent application, through a registered patent attorney, before you "pitch" a concept to a company.
It is important to keep your potentially patentable concept confidential and not do any sales or offers for sales prior to filing, because although there is a 1 year grace period in the United States, in most if not all, foreign countries there is no such grace period.
You may lose your rights to patent something based on your conduct.
You should discuss this immediately in a private consultation with a registered patent attorney. Many registered patent attorneys, have free initial telephone consultations.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Tencza Jr. cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
Congratulations, but it is unclear what you are asking. If you want to know how to protect a new and non-obvious composition of matter from appropriation by others consult a patent attorney.
This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. Finally, do not post confidential information. There is no an attorney client relationship created simply by correspondence or communication with the author of this site.
In the United States, the patent law provides that an invention CANNOT be patented if:
"(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention" or
"(2) the claimed invention was described in a patent issued [by the U.S.] or in an application for patent published or deemed published [by the U.S.], in which the patent or application, … was effectively filed before the effective filing date of the claimed invention."
—There are certain limited patent law exceptions to patent prohibitions (1) and (2) above.
You should consult an intellectual property attorney who can advise you on your options.
Well we can look at a potential patent application here; however, you may need to move fast (and you could be SOL). If you have been selling for more than one year its legally public domain and you forever forfeit your right to patent.
Coca Cola was protected as a Trade Secret for hundreds of years, recipe kept under lock and key and anyone who knew any portion of the recipe were under strict non-disclosure agreements. Keep the secret secure AND discuss the option of a patent with an experienced patent attorney. Congrats!
Peace be with you, and may love guide you.
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