Could a chiller have a patent?

[Honda88]

Hey all just wondering because I see a lot of DIY chillers and I see random homemade chillers selling on ebay all the time....I know that the forum isn't really a good place for legal advice but I'm just wondering if it would be possible for someone to get a patent for a simple chilling device??

Also does a company that holds a patent have to publically state that their product is patented or patent pending? In other words are they under legal obligation to insure that competitors realize that the product is patented.

 

[day_trippr]

A novel/unique utility design devoid of prior art is certainly patent-eligible - even a chiller.
There are costs associated with getting all the way through the USPTO process, of course (which tends to winnow the chaff )

And if you ever want to recover damages from an infringement, notification is absolutely a requirement.
Case history is rife with examples of patent holders who neglected notification ending up with bupkiss (basically, no case)...

Cheers!

 

[Honda88]

A novel/unique utility design devoid of prior art is certainly patent-eligible - even a chiller.
There are costs associated with getting all the way through the USPTO process, of course (which tends to winnow the chaff )

And if you ever want to recover damages from an infringement, notification is absolutely a requirement.
Case history is rife with examples of patent holders who neglected notification ending up with bupkiss (basically, no case)...

Cheers!

That's good to know...I was just wondering if you the seller has to disclose the patent when they list the item...For example if I patented something and was selling it on the market, Am I required to say "patented" or "patent pending" when selling it?. Or can I just simply patent something and sell it without the buyer knowing if its patented or not?? Say a company hides all that information??? Could they go after someone for seeing their assumed unpatented product and reselling a similar version?

 

[day_trippr]

As I said, if the product is sold without patent status notification, there will likely be zero chance of establishing damages in an infringement case. In fact in extreme cases a patent can be considered abandoned.

Classically, the notification is visibly embedded on the product.
The applicable patent number (or, if multiple patents awarded, the most locked-down-unlikely-to-be-nullified patent number) is permanently marked on the product exterior. If the patent has been accepted by the USPTO but has yet to be awarded, "Patent Pending" is used.

Do neither, and you can pretty much forget about the protective value of a patent.
And don't even get me started on foreign filings

https://www.uspto.gov/

Cheers!

 

[Honda88]

Sounds awesome. Thanks.