Is it patentable?

You be the examiner.

Case #1 - Looking for novelty in a novelty

This Bacon Bin® may be a fun kitchen novelty, but is it novel enough to be patentable?

It looks like a cocktail shaker. Of course, it has a very different purpose.

But that won’t work for patentability. Just using a known thing for a different purpose doesn’t make it patentable.

So, what other differences are there? Well, the silicone body for one. A cocktail shaker is also a percussion instrument. Silicone just wouldn’t make that satisfying shaking sound. But that’s not enough.

It’s obvious to experiment with different known materials. And silicone containers are known.

What you really need is a good punchline: some non-obvious thing that silicone offers.

In this case, maybe it’s the squeezability. Once the grease hardens, how do you get it out? With a glass jar, you spoon it out. But you can squeeze silicone. The closest thing is a squeezable ketchup bottle. But like all of us, a plastic ketchup bottle isn’t shy about showing its dislike of hot-grease showers. So, silicone’s ability to withstand high heat is important.

And there’s always that pig’s head. Merely decorative? So you may think. But in fact, it non-obviously delivers a subliminal message about the perils of consuming too much bacon grease.

Disclaimer:

The O&R “Is it patentable?” blog is educational and provides general information about patent law.  It provides no legal advice or conclusions.  O&R uses publicly available information about the products described in these posts and has no relationship with the manufacturers, sellers, or distributors of these products.  Reading this blog and participating in voting on the case studies does not create an attorney-client relationship between the reader and O&R.

Tino Lichauco

Tino is a patent attorney at O&R Patent Law. He believes that a good patent needs a punchline.

https://www.orpatent.com/fal
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Is it patentable?