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Patents


bren31

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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.

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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.

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