Can you patent an existing product in a new color?

[KansasCityChief]

This sounds relatively simple, but I haven't gotten a straight answer after asking this question in a half dozen forums.

Let's say that widget-X has only been created in black, ever. Every retailer, vendor, and manufacturer in this industry has only ever thought to make a black widget-X. You have the revolutionary idea to make a variety of colored widget-X's. Can you patent an array of colored widget-X's?

Another example that may help you think about it differently may be computer mice. If there were only black computer mice, how would you protect your idea to make all kinds of colored mice. Neon colored mice. Or even mice with designs on them?


Thank you so much for your help!

 

[FlyingRon]

It hardly sounds patentable, i.e., novel and non-obvious.
You might be able to get a design patent, but I doubt that as well.

 

[justalayman]

So, you are asking if you make an Iphone 5 in blue, can you patent your blue Iphone, right?

If it were that easy, don't ya think Samsung, HTC, Nokia, HTC, or any of the other smartphone makers, would be doing just that?

 

[KansasCityChief]

So, you are asking if you make an Iphone 5 in blue, can you patent your blue Iphone, right?

If it were that easy, don't ya think Samsung, HTC, Nokia, HTC, or any of the other smartphone makers, would be doing just that?

Very funny.

But can you throw out any suggestions for protecting a widget in this scenario?

 

[justalayman]

Very funny.

But can you throw out any suggestions for protecting a widget in this scenario?

wasn't trying to be funny in the least. I was trying to get you to see your question in a way that you could answer it yourself.

If all you had to do was throw a coat of paint on something and call it yours, it would kind of defeat the purpose of a patent, wouldn't it?

as to protecting the widget; I would think putting it in a box would do a decent job.




Now that one was for the humor.

 

[FlyingRon]

As pointed out originally, the requirement for a utility patent is "novel and non-obvious" not "nobody ever did this before."
Some people, such as DeWalt (black and yellow), Owens-Corning (pink), and Christian Louboutin (red) have managed to get TRADEMARK protection for colors in certain restricted uses, but in most cases, no.

 

[justalayman]

but that doesn't mean you can take somebody else's patented product, change the color, and patent it under your name. The patented product still remains the original patented product and that means, it remains the property of the original patent owner.

Sometimes, as Ron has stated, a color can be part of a product. More often color is part of a trade dress trademark (very different than patents) issue but there are situations where the color itself could be patented or part of the overall patented product.

as an example where color is an integral part of the patent would be something like this. It is a functional part of the product therefor, it could fall under a patent issue:

http://www.brownells.com/.aspx/sid=32150/pid=13193/Product/DOVETAIL-FRONT-SIGHT

I don't know if that manufacturer has patented that particular sight including that color but they probably could have.

an example of trade dress trademark would be a Coke bottle or the color identifier that Ron spoke of.

If the color is not part of the patent or trademark, it doesn't mean you can take the underlying product (an Iphone is a nice example because if you attempted this, you would find out real fast if you are right or wrong) and simply paint it and viola, it's a new product and you can patent it.

Apple prossibly has a trademark or more likely a design patent on the designs of their product. Each are utilized, where applicable, to protect the appearance of the product. I believe the Coke bottle enjoys both a trademark and a design patent although not sure. There is some overlap is this area.

So, if you make a phone identical in physical appearance to an Iphone, you will probably be sued for either violating a trademark or a design patent. If you copy specific portions of the phone, quite likely the same thing but most likely, it would be a design patent. Parts could also be covered under utility patents as well. If the portion in question has a functional purpose, it could be covered under a utility patent.

 

[latigo]

This sounds relatively simple, but I haven't gotten a straight answer after asking this question in a half dozen forums.

Let's say that widget-X has only been created in black, ever. Every retailer, vendor, and manufacturer in this industry has only ever thought to make a black widget-X. You have the revolutionary idea to make a variety of colored widget-X's. Can you patent an array of colored widget-X's?

Another example that may help you think about it differently may be computer mice. If there were only black computer mice, how would you protect your idea to make all kinds of colored mice. Neon colored mice. Or even mice with designs on them?


Thank you so much for your help!

I assume you mean "simple" as in "simpleminded"!