Getting two for the price of one. Bonus!
I call this entry a twofer because I'll be addressing both a patent issue and a trademark issue. Both issues relate to this "weight loss slipper shoe" I found on Outblush.
When I first saw this, the first thing on my mind was, "Does this really work?" Maybe, maybe not. So that got me thinking, maybe I should write about whether all inventions need to "work" in order for it to be patented. Well, the short answer is no. You don't need to have a working prototype, you don't need to test your invention, and you don't need to finish making your invention before your invention is patented.
In fact, I could not tell you the number of inventions that have been patented based on what many people call "pseudo science." Don't believe me? Check out these weight loss garments, magnetic therapy devices, or this thing that tells you how your dog is feeling. Do any of these inventions actually work? Who can really say.
What you do need for a patent though, is to be able to accurately describe your invention, so that a person having ordinary skill in the art (PHOSITA) can make and use the invention. This is called "enablement" under 35 U.S.C. 101. Why is this required? Mostly because of public policy reasons... because patents are granted to increase public knowledge and advance technology. It doesn't do anybody any good to patent something that is impossible to make or use.
So while I'm not sure whether this slipper shoe actually helps you lose weight or not, I was curious to find out where you can buy this thing. It turns out, you can buy this on Amazon at: http://www.amazon.com/HDE®-Weight-Loss-Slimming-Slipper/dp/B001OK4CH2
Normally I would have created a hyperlink for you, but do you notice anything special about the URL above? It has a trademark registration mark right in the URL! I thought I'd share it with you because I don't think I've seen that before. Also, I thought that including the trademark registration mark in the URL may be a great strategy and an easy way for many trademark owners to notify its ownership and registration because URLs are accessible to anyone with an internet connection.