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Nebraska Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) for Nebraska on
Q: I designed and started selling a product. Others are now copying and selling it too. Is it too late to file a patent?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 1, 2019

Assuming that you are seeking a US patent, then the rule is in 35 USC 102 https://www.law.cornell.edu/uscode/text/35/102 which was updated in March of 2013.

Under the current rules, any offer for sale (or sale) of your invention immediately ended your option to seek a US patent. A sale...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Nebraska on
Q: If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?

If someone is already selling the gimmick needed for a magic trick along with instructions on how to do the trick am I able to make the gimmick and instructions myself and sell it as my own? Basically I would be rebranding an already existing magic trick product. I've heard that magic tricks cannot... Read more »

Brandon Baum
Brandon Baum answered on Jul 20, 2016

While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the secret. Apparently France... Read more »

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