Coral Gables, FL asked in Patents (Intellectual Property) for Florida

Q: I have put together a bundled kit and want to sell it as a single product. Is there any protections that I can acquire?

This product will be used in a very specialized recreational hobby and there is nothing like it that exists in the marketplace right now.

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: There are patent claims, particularly in the medical space for kits. The kits may include a set of specialized tools to perform a particular minimally invasive surgical procedure. Usually, one or more elements in the kit are patentable and the purpose of the kit claims is to expand the reach of royalty claims to the other non-patented items in the kit.

So a patent claim for a kit of items is possible. It is not easy. You need to show that having these items in a kit would be considered non-obvious to one of skill in the art of providing supplies to people doing the specialized recreational hobby. That is a high hurdle.

Peter D. Mlynek agrees with this answer

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