Lawyer for Motorcycle related product? | GTAMotorcycle.com

Lawyer for Motorcycle related product?

Dayao12

Dayao12

Well-known member
Hello Good People,

I have an consumer product idea in mind that I'd like to explore even further.
I want to know if there were any lawyers on this forum that was familiar with laws relating to products that can be manufactured(CCPSA?). More specifically, I'm looking at the legality of my idea and if it conflicts with any laws in Ontario, or Canada, perhaps USA as well.
Feel free to message me here for further contact information.

Thank you kindly!

Safe & Happy Riding!
 
Last edited:
Well I'm not a lawyer but I'm quite well versed in CCPSA, have met with Health Canada several times to discuss it as that is part of my job. Basically for that if it's a consumer good, and it sounds like it is, and it isn't specifically exempt by being on Schedule 1, then it's included. This really doesn't define build specifications though. The guidance document for this is now finalized and wording has been added to that to include unreasonable hazard.

You might want to look if you get captured by any other regulations, products that might be restricted by CEPA, labelling and container regulation, emissions regs, etc. (the list is endless)
 
Question is too vague to even give a hope of a meaningful answer. I realize that someone might be wanting to protect intellectual property, and that's fine, but it would help to have SOME idea of a general suggestion as to what type of product we might be talking about here, so that there is the slightest hint of a suggestion as to what types of laws the original poster is concerned about.

If it is a "motorcycle related product" are you concerned about compliance with motor vehicle safety standards? Noise, emissions, etc.?

Don't forget that a lot of things are not specifically defined by technical standards, but rather are defined by product liability, particularly in the USA. (You build a product, it breaks while in service and causes (allegedly) a collision, you get sued.)
 
Have you first checked to see if your idea really is new? Things can end pretty quickly with this. Use Google Scholar if you don't have access to a University library and comprehensive databases.
 
Before you do anything, document your idea with as much detail as possible and include pictures, video and drawings - make 5 copies, seal in envelope and send to yourself via registered mail. Then proceed with patent lawyer. Anyone you discuss your idea with should sign a non-disclosure agreement.
 
promac said:
Before you do anything, document your idea with as much detail as possible and include pictures, video and drawings - make 5 copies, seal in envelope and send to yourself via registered mail. Then proceed with patent lawyer. Anyone you discuss your idea with should sign a non-disclosure agreement.
Click to expand...

I was wondering how that would work then realized that the envelope should not be opened upon receipt unless a notary or other independant person was present. I need coffee.
 
If you get a patent lawyer you file a notice of invention. This time-stamps your idea, it also starts the process rolling and you then have a finite period of time to show proof of concept.
 
promac said:
Before you do anything, document your idea with as much detail as possible and include pictures, video and drawings - make 5 copies, seal in envelope and send to yourself via registered mail. Then proceed with patent lawyer. Anyone you discuss your idea with should sign a non-disclosure agreement.
Click to expand...
Lol. The mail your idea to yourself is a myth. There is no substitute for patents. Usually it costs around 5-7k for a patent (with a patent attorney), per country. So OP needs to apply for a patent in both canada and usa if he wants to sell it. He doesn't have to get a USA patent but the USA market is much bigger it is a good idea.
 
Last edited:
SkyRider said:
Lol. The mail your idea to yourself is a myth. There is no substitute for patents. Usually it costs around 5-7k for a patent (with a patent attorney), per country. So OP needs to apply for a patent in both canada and usa if he wants to sell it. He doesn't have to get a USA patent but the USA market is much bigger it is a good idea.
Click to expand...

Those are just starting costs, there are maintenance fees every year too. If this is seriously a good idea it needs to be firstly novel, then non-obvious to one skilled in the art (an engineer say). It would have to have the prospect of at least covering patent costs too. Not everything needs to be patented in this way, Coca Cola is a good example, the recipe is not patented, it is a trade secret, but engineering ideas probably should be patented as they are more easily reverse engineered. A patent lawyer can outline the best way of covering the idea in the maximum number of countries, using the Patent Cooperation Treaty is one way as different countries have different rules governing patents (ie first to invent versus first to file invention).
 
Don't forget how easy a patent is to get around, mechanical patents are just about useless, a few minor changes and no more patent protection. Sometimes it is easier to forget the patent go right to production and be aware you will get ripped off.
 
SkyRider said:
Lol. The mail your idea to yourself is a myth. There is no substitute for patents. Usually it costs around 5-7k for a patent (with a patent attorney), per country. So OP needs to apply for a patent in both canada and usa if he wants to sell it. He doesn't have to get a USA patent but the USA market is much bigger it is a good idea.
Click to expand...

That is just a precautionary step along with your NDA before you go through the patent process. It's certainly no substitute for it.
 
Lol. The mail your idea to yourself is a myth
Click to expand...

but it will help you prove when your idea was thought of in the event of a lawsuit.

ie person 1 had idea in 1997. person 2 had same idea in 1986.
P1 sues P2 for theft of idea, P2 is able to prove idea was original in 1986, prior to P1.

it is common with music, writing, etc.
 
You must log in or register to reply here.

Back
Top Bottom