Los Angeles, CA asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California

Q: Are red bean cakes shape and its regular cooking tool patented? They can be seen on youtube. Thank you.

Its shape is somwhat circular and a little cylindrical. Is it ok or legal to start a business like that product?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: With regards to the "red bean cakes shape", I don't know, but I doubt that someone can receive a strong patent for it. Bean shapes (say r = sin^3(a) + cos^3(a)) have been around for a long time. Moreover, even if someone would be successful in getting such a patent, it would be difficult to enforce such a patent. I am not saying that it is impossible, but it would be difficult.

With regards to the tool, it could be patented. Go buy the tool, take a look at the tool, and somewhere on it there should be some writing "Pat. #" followed by a 7 digit number or a website URL, or a similar marking. If you can't find it on the tool, it may be on the box. If it is not on the tool or the box (which it SHOULD be if it is patented), then check the manufacturer's website.

Nonetheless, if you are thinking of starting a business on this, you should get a patent attorney to give you an OK.

Good luck!

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