Q: I have an idea of an event I want to be holding in a cause of promoting my cafe I feel is unique can I patent?

This event involves me using unconventional things and concept in my cafe business

2 Lawyer Answers
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: My guess is no. However, as I do not know the details and I hate to guess about something important, I suggest that you check for issued patents for something analogous. You may find useful tips in my slide set on patent searching that will help. http://bit.ly/Patent_Searching

Remember to place much more emphasis on issued patents (they made it through the system) as opposed to published applications which may or may not make it through the system.

If you see anything analogous to what you are doing, bring that patent to a patent attorney and explain how your idea is similar to something that received a patent and yet different so that there may be room for you to get a patent too.

I hope that this helps.

Kevin E Flynn

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

A: I think that you need to speak with an intellectual property attorney to figure out what you can protect, and how are you going to make money on it.

Sure, a patent attorney may get you a patent for a method of promoting a cafe or whatever you want, but after spending $20K to $30K and 3 to 5 years on getting a patent, what are you going to do with it? How is this going to help you make money?

Although I don't know your business, I think that a trademark would be much better for you. It is fairly cheap, relatively quick, and it will give you the protection for your cafe.

Good luck!

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