Do I need a patent to sell my teeth whitening paste? 3 Answers as of May 16, 2011

My paste is all natural and doesn't cause any tooth sensitivity and is really easy to use. With all the different teeth whitening pastes already on the market, do I need to get a patent to start trying to market the paste I make?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
A patent is not required to sell toothpaste, but it may be beneficial to exclude others if the toothpaste is patentable.
Answer Applies to: Kansas
Replied: 5/16/2011
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You are not obligated to obtain a patent on your new product but it is recommended. A patent on your product would protect you from potential competitors copying and selling your product without your permission.
Answer Applies to: California
Replied: 5/13/2011
DANIEL NESBITT | Hasse & Nesbitt
Without a patent or patent protection, if your paste product has any market value, then any number of companies could likely reverse engineer your paste product, and every one of them will become your competitor.
Answer Applies to: Ohio
Replied: 5/12/2011
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