How to sell a pattern for home use and WAHMs??

676 Views 10 Replies 9 Participants Last post by eepster, Oct 8, 2006

Doll

Discussion Starter · Aug 17, 2006

Hey ladies!

I don't post much but I need some advice.

I have an original pattern idea. Not just a unique shape or whatever but a new way of making multi-size diapers that is really darn cool if I say so myself

I made these diapers for my daughter and I thought it was neat but I don't want to make diapers for a living (I have enough to do - see my sig

) but another mommy suggested I sell the pattern instead, as she knew she at least would be interested in buying it if it existed!

So, what do I need to do in order to do this? I'm thinking kinda like a Very Baby/Darling Diapers idea, where I sell the pattern and the right to make and sell diapers made from it.

However, I'm NOT interested in getting a patent. I don't have the money and I have personal reasons for not wanting to limit the WAHM market. I just want to share my idea and my pattern and make some moolah as well on behalf of my incredible brain.

I hope that people would respect my idea and at least give credit where credit is due, but I also understand that may not happen and I'm ok with that.

Sooo... what do I do? How does that all work?? Do I need to apply for anything or something? Should I name it and get a trademark or something, and give labels for selling diapers made from my specific pattern? How does one get a trademark? Is it expensive?

I'm so confused

:

I just want to sell my pattern to those who want to use it for personal reasons, and sell it to people (for a little more) who want to make it to sell. So, does anyone know how I do this??

Any help is appreciated...

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SoggyGranolaMomma

· #2 · Aug 17, 2006

I'd *guess* all you'd have to do is sell the pattern the way you mentioned. You know that there would be dirtballs who would rip it off, but you could at least ask that they credit your name for the pattern.

The only thing is, there isn't anything to prevent someone ELSE from patenting it if you don't, so sadly, you might end up having to pay someone ELSE rights and usage to sell your own pattern if they decide to patent your idea.

Sadly, as soon as your unpatented idea is out in public, it's up for grabs and ANYONE can change the name and patent the idea as their own.

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Doll

Discussion Starter · #3 · Aug 17, 2006

But in order to get a patent, don't you have to prove it's an original idea? If I have been selling my patterns for a while and my idea is already in the general industry, how can someone patent it?

I suppose it might be possible, but I think in the WAHM community there would be a major uproar and boycott if someone tried to do that after I had obviously been selling it for a while

Can you imagine if someone else tried to patent fern&faerie's soaker pattern?? There would be hell to pay in the WAHM community

and they'd never make any money from their expensive patent even if they did manage to get it!!

Regardless, I don't have the money for a patent, and I prefer not to go that route for my own reasons even if I did.. I guess I just need to know, is there anything I need to do, for selling what you would call a "cottage license".. the same type of deal that fern&faerie/sew darling/very baby does - giving license for WAHMs to sell products made from their pattern (should anyone want to, that is

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Woolly Meredith

· #4 · Aug 17, 2006

I don't think you need to bother with a patent.

You will need to look into copywriting your idea and adding the appropriate language to your website & pattern.

Also, check out Payloadz it is an easy way to sell downloadable products on line.

There are also some members of this community who have been selling patterns for a long time that may be able to give you better guidance.

Best of luck and congratulations on developing an original idea!

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shoefairy3

· #5 · Aug 17, 2006

This could be way off...but my DH wrote a short story and it was recommended to him to copyright it. He was told to mail a copy of it to himself and to NOT open it...that way the date was postmarked on the envelop and still sealed. And if ever one day he had to contest his rights to the story, he'd have it sealed in a postmarked (dated) envelope

As far as i can see, you could do the same thing with your pattern

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Doll

Discussion Starter · #6 · Aug 18, 2006

Thanks all. I hadn't thought about just emailing one of the other wahms that already do this

I'll do that

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Daisie125

· #7 · Aug 18, 2006

Do you by chance have a photo of one of your diapers from this pattern? I've been toying around with making one size diapers and I'm really interested in seeing the end result since there aren't many out there.

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mamarhu

· #8 · Aug 18, 2006

I am interested also - I am just developing my line of baby clothes to sell online and at craft fairs. I have been thinking about adding diapers and slings, mainly as a way to be a little bit preachy about parenting and values and all that but also to tie in to the style of baby clothes I am doing. Multi-size fits well with the concept of the clothes I do. I am not rich, but I would be glad to pay for a pattern that works for me.

I would very much like to support a home inventor/innovator. That is what my Dad did for a living, and he also had reasons he never got a patent. I would feel like I was honoring my Dad's memory to support your project. So can you post a link to a photo, or give a description of your diaper? Or PM me with some details?

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odilly

· #9 · Aug 20, 2006

You can not patent patterns or IDEA
You can only copyrite your pattern.
You can't trademark your pattern, you can only trademark your brand name. Trade-mark is a word, symbol , you can trade mark for example "happy baby diapers", but you'll have to pay to register your trademark. You can put "TM" on common-law basis by you name.

Copyrights provide protection for literary, artistic...ect

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rubelin

· #10 · Aug 20, 2006

Basically, your pattern instructions and that actual drawn pattern are copyrighted automatically when you create them. You cna apply for a registered copyright, which is helpful if you ever have someone steal your stuff, but isn't neccessary.

Also, I believe that anything you write on the pattern, like restrictions of use, etc, become legally binding. So if it's written all over your pattern, instructions, website, etc, that the pattern may only be used for personal use, then someone who buys the pattern is bound by those rules.

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eepster

· #11 · Oct 8, 2006

Quote:

Originally Posted by shoefairy3

As far as i can see, you could do the same thing with your pattern

This is a commonly held myth, but it doesn't hold legally.

How would you stop me from finding an old envelope i recieved in the mail 10 years ago; steaming it open; putting in a copy of something someone wrote a week ago; and resealing it?

Legally if ou create something it is copyrighted. All you have to do is write copyrighted on your pattern and no one is allowed to copy it without permission. Everything else is about wether or not you can prove it.

What you need to decide is if it is worth it to you to register it so if someone does steal it you can prove it.

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