Consumer Product Patent

Consumer products, such as kitchen appliances, footwear, sporting equipment, toys and novelty goods, furniture lighting and more, all have the potential to be patented. 

Just like any invention, so long as the consumer product meets the patent criteria of being new, not obvious and functional, you can apply for a patent. 

As some consumer products tend to consist of fewer complex elements and quickly become superseded, they are often left unpatented by corporations. 

This is due to the cost of filing outweighing the benefits of holding the patent. Consumer products that are more expensive and have longer lifespans, such as the Vorwerk Thermomixâ„¢ which can cost many thousands of dollars typically have a number of patents protecting the way they function.

What Is A Consumer Product Patent?

A consumer product patent is defined as any patent issued specifically for protecting a product aimed at the consumer market.  

In Australia, we only have two patent types - a provisional patent application and a standard patent application. The best way to protect a consumer product is typically to file a provisional patent application which lasts for 12 months and then decide within that time if it is worth filing a standard patent application. Your invention will be protected for the 12 month life span of the provisional patent application and you can start selling the product that was disclosed in the provisional patent application. 

As with all patents, a consumer product patent protects the IP rights of the inventor or their employer to exclusively manufacture, market and sell that item. 

How Do I Secure A Consumer Product Patent?

The quickest and least complicated way to patent your consumer product is to speak with a qualified patent attorney. 

Whether the expense involved in filing is worth it will depend on the uniqueness of your product and its potential to fill a gap in the market. 

An experienced attorney will assess your product to determine if it meets the necessary criteria and provide guidance on whether a patent is suited to your needs. 

They will also handle the filing of all paperwork and any challenges en route to the patent being granted. 

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