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Inventing a food product help

sneech's Avatar

Hello. I'm a 23 year old male and my name is Nick. I had just found this site and read a couple articles and was hoping to get the advice I seek on my invention.

First and foremost I'd like to share that it is indeed a food product that I am creating with an already existing component.

And that component is oats in other words oatmeal. The rest is for me to know and others to find out.

I need to know if I can invent a variation of what already exists.

I had read that there is a google patent out (whatever that is) that you can't make instant oatmeal, which means just adding water.

This is fine as long as I can make it the old-fashioned way... can I?

I also need to know what steps I'm going to need to take in order for this to successfully get done. And that without it being a stolen idea.

I have looked all over the internet and haven't found a single product out there. Do I need to patent it right away before presenting it to family, friends, and most importantly investors?

There's just so much to learn and thought this would be a great place so lets just start with those ideas and questions.

Any help would be much appreciated - Nick

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magurn's Avatar

Hi Nick and welcome to Edison Nation!

I will defer to our community members as well, but if you haven't already done so, there are two great resources on the site that you may find helpful:

The Edison Nation Blog

The Edison Nation Help Page

We invite you to explore! 

If you are interested in submitting your idea to the EN Team to be evaluated for licensing opportunities, you are welcome to do so by clicking on "Submit an Idea" at the top of the screen.

A friendly reminder, any information shared on these forums is public.

Best of luck to you!

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kdc's Avatar

Welcome to  EN, Nick...best of luck to you. Are you talking about a recipe  you created? I'm not asking for details, of course...or are you talking about a cooking device product?

If you are talking about a recipe you created, you might find this helpful:   


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awildx's Avatargold

Hi Nick, you're right...this is a good place to start.  Welcome to the forums.  There's a lot of good info on here especially if you dig around for an hour or two.

1. Yes you can invent variations of patented products. It must be novel and non-obvious. Example: Changing the size or color of the oats probably won't suffice for patentability

2. Google patents is website not a patent.  You can find patents by searching "instant oatmeal" and other relevant terms on thier site seen here: https://patents.google.com/?q=instant+oatmeal

3. Yes you can make oats the old fashioned way.  If there ever was a patent on the process for this it's got to be expired by now, which allows you to use it but you won't be able to patent that aspect of your concept.

4. The steps to get it done?  This is how I would do it.  

a. Study provisional patent applications (or ppa's).  File one for $65 and this will protect your idea for a up to a year.  You can file additional ppa's on one concept as long as you haven't disclosed the information.

b. Make sure your product is filling a need in the market.  Ex. Square shaped oats aren't filling a need.

c. Don't fear companies stealing your idea, find the companies who might be interested and pitch them your idea instead.  The same companies that have oatmeal related patents and products are going to be your main licensing targets.

d. Don't file a patent right away!  This will cost thousands of dollars and years of your time that could be better spent finding a licensing partner and developing your idea further.  What happens if you file a patent today, then realize you need to make a tweak to the concept to make it work properly?...You're patent is now an expensive piece of paper that is irrelevant. 

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