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Got a weird sort of legal question

Postby El Chupacabra » Fri Nov 25, 2011 7:31 pm

Is it possible to patent an idea in Chile? Not an new invention or new idea, It's an idea that exist outside of Chile, but does not exist here. I cannot disclose what the it is and I understand that somewhat makes the question hard to answer without all the details. I just need to know if it's possible to pantent a concept? Can anyone enlighten me. (I kinda wrote this for admin, but all answers are welcome)
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Re: Got a weird sort of legal question

Postby nwdiver » Fri Nov 25, 2011 7:50 pm

Not really, patents these days tend to be international if the idea is patented in Europe or the US, look and see if it is an international patent.
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Re: Got a weird sort of legal question

Postby El Chupacabra » Fri Nov 25, 2011 8:45 pm

nwdiver wrote:Not really, patents these days tend to be international if the idea is patented in Europe or the US, look and see if it is an international patent.


Although I haven't checked, I am pretty sure there is no international/US/European patents on it, simply because there are several companies that offer the same type of product & services. Most Latin American markets are too small for them to care about atm, but for a small company/individual like myself the profits are more than enough. In fact, given enough time the other companies will expand into emerging markets too. My concern is not so much the outside companies. I am just looking to see what steps can be taken to minimize/deter others within Chile from starting up the same thing around the same time I do. Basically any advantage I can get to monopolize the market as much as possible before it gets seriously noticed and copied.
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Re: Got a weird sort of legal question

Postby T_ROBO » Fri Nov 25, 2011 9:28 pm

El Chupacabra wrote:... simply because there are several companies that offer the same type of product & services.


If the idea is well-known or already in use, it it not patentable.

TP
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Re: Got a weird sort of legal question

Postby nwdiver » Fri Nov 25, 2011 9:35 pm

T_ROBO wrote:
El Chupacabra wrote:... simply because there are several companies that offer the same type of product & services.


If the idea is well-known or already in use, it it not patentable.

TP






Yeh, it has to do with “prior knowledge” which is part of all patent law and the basis for many patent fights.
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Re: Got a weird sort of legal question

Postby El Chupacabra » Fri Nov 25, 2011 9:40 pm

Thanks for the responses. I didn't really think a patent would be an option, but figured there was no harm in asking.
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Re: Got a weird sort of legal question

Postby zer0nz » Fri Nov 25, 2011 9:45 pm

Probably opening your self up for a battle,,

You would be amazed at the amount of franchises or patents or rights to distrubute held in chile that are not used, just sitting there waiting for a rainy day or when the time is right, lots of rich Chileans who snap these types of things up!

If its such a good idea, approach the people/company and ask for the rights.....
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Re: Got a weird sort of legal question

Postby El Chupacabra » Fri Nov 25, 2011 10:00 pm

zer0nz wrote:Probably opening your self up for a battle,,

You would be amazed at the amount of franchises or patents or rights to distrubute held in chile that are not used, just sitting there waiting for a rainy day or when the time is right, lots of rich Chileans who snap these types of things up!

If its such a good idea, approach the people/company and ask for the rights.....


That infact is the option I originally considered. I'm just trying to plan out every possible step should they decide not to grant me the rights. Although I don't see any reason why they wouldn't, ofcourse I will be in talks with their competitors as well, and will attemp to play them off eachother if possible. And the truth is, I don't need them to start, I can do it on my own, it will just take alot more start up capital. (just weighing my options)

But long story short, I just need to know all the possibilities and plan my options so that I can be prepaird with a plan B, C and D.
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