Is it legal to use a base product already on the market and add ingredients and change label for resale? 4 Answers as of April 09, 2014

I add to a good product and make it an excellent one. I want to patent it but not list secret ingredient. The combination of the other ingredients are very common without a patent. I use the same jar it comes in that already have an expiration date and lot number. I take the old name and other information off the jar.

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Banner & Witcoff, Ltd. | Ernie Linek
For multiple reasons - NO. You cannot reuse the original packaging - as you have changed the original product. You likely must disclose the secret ingredient on the label. You might be able to get a patent if the combination is new, useful and not obvious - and again - the secret ingredient must be identified.
Answer Applies to: Massachusetts
Replied: 4/9/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
It is illegal to re-label another company's product and pass it off as your own, even if you add a couple of ingredients.
Answer Applies to: Nebraska
Replied: 4/9/2014
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Once you buy a product from a licenses or legitimate seller then you can do what you want with it without fear of being sued by the maker of that product for patent infringement. However that does not address all the FDA, UL and other regulatory body concerns nor does it address any potential issues you may have both trademark or copyright infringement. I have not seen your packaging and advertisements.
Answer Applies to: Oregon
Replied: 4/9/2014
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Generally, once you pay for a product (base product) you pay for the intellectual property. With the product you purchased the jar and therefore also own the right to modify the jar (label). Adding other ingredients is acceptable as long as you don't add ingredients that infringe on intellectual property that is owned by a different company. To get a patent you need to disclose the "secret" ingredients. The ingredients must be novel and not obvious ingredients that one would use to make the product.
Answer Applies to: California
Replied: 4/9/2014
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