Recent Feedback
Can I get a patent on a product based on where it is placed ie: a bumper sticker because it's placed on a bumper? If the answer is no give me some ideas I could do to change the product so that maybe we could.
Optional Information: State/Country relating to question: Iowa
Hello and thank you for your question. In short, no. Generally, placement of a known product does not make it patentable. To be eligible for a patent, an invention must have some novel, non-obvious function or outcome. There may be cases in which the placement of an item provides some unique, novel function, but from the example you provide, that does not appear to apply to this case.
Let me be a little more specific with my product at question. A special decal applied to the inside of a urinal used for advertising.
Unless the decal is made from a specific material, is functionally unique in some way itself, or there is some unique process by which the decal is applied, the placement of a decal in a specific location would not be patent eligible.
It is a unique material with a special adhesive. With this being said can we patent/protect this product when being placed in urinals?
Experience: Specializing in patent prosecution, trademark and copyright registration/enforcement.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information. What happens now? If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Then the decal itself or the method of making the decal may be patentable, but the intended use (placement inside urinal for advertising) would not be patent eligible.