bren31 Posted October 2, 2007 Share Posted October 2, 2007 I looked on free patent.com and noticed mottled candles have a patent to them. Is this valid can someone really patent a candle? Seems such a broad subject kinda like cookies or bread i can understand a recipe having a patent but somthing as broad as making candles can be. Any thoughts on this. Quote Link to comment Share on other sites More sharing options...
cowgirl Posted October 2, 2007 Share Posted October 2, 2007 Good question bren but then again who knows. I mean really if they can patent the word 'tart' they can probably patent 'mottled' as well. It's crazy if you ask me Quote Link to comment Share on other sites More sharing options...
CareBear Posted October 3, 2007 Share Posted October 3, 2007 I believe the name tart is trademarked, which is different from a patent which can be granted for a product or a process.The patent can be granted for NEW items or processes.Well here's the quote from the US Patent & Trademark Office (http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent)What Is a Patent?A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO. There are three types of patents: 1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; 2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and 3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. "ETA: patenting a candle-making process may be iffy, cause of the key word NEW. If the method of producing it has ever been described in a printed publication then it's not considered new. Quote Link to comment Share on other sites More sharing options...
Scented Posted October 3, 2007 Share Posted October 3, 2007 Several decades ago candlemaker's did that with new looks/techniques. Keep in mind, they used to think the mottling some of us love in a candle was a horrible mistake. Quote Link to comment Share on other sites More sharing options...
bren31 Posted October 3, 2007 Author Share Posted October 3, 2007 I know it may be a stretch but you could trademark your recipe if it is unique? Still would be a stretch proving it in court i guess just seems beyond me right now. Quote Link to comment Share on other sites More sharing options...
cowgirl Posted October 4, 2007 Share Posted October 4, 2007 oops your right it is trademarked i got it mixed up. been up way too many hours the last few days....sorry & thanks for correcting me Quote Link to comment Share on other sites More sharing options...
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