Author Topic: Patent process ?  (Read 1841 times)

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willib

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Patent process ?
« on: February 13, 2010, 10:17:28 AM »


If you have a patent or know someone who has one ...


Please email me at

willibur at comcast dot net

« Last Edit: February 13, 2010, 10:17:28 AM by (unknown) »
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willib

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Re: Patent process ?
« Reply #1 on: February 13, 2010, 12:07:11 PM »
My question is Can something that is used on something else, be used in a different application and be patented in the new application?


Or would it depend on how the patent was written?


Off the top of my head,and not at all related to what i have in mind, take an example of a tooth pick dispenser , which was probably gleemed from some other manufacturing process and may have been patented to dispense toothpicks instead of its original purpose.

« Last Edit: February 13, 2010, 12:07:11 PM by willib »
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DamonHD

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Re: Patent process ?
« Reply #2 on: February 13, 2010, 01:09:51 PM »
AFAIK, if a new patent depends on a previous (current) patent then use of the previous patent's material would be expected to be necessary.


Otherwise you could unpick any live patent you liked by creating a new patent which shared some techniques with the existing one...


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« Last Edit: February 13, 2010, 01:09:51 PM by DamonHD »
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Beaufort

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Re: Patent process ?
« Reply #3 on: February 13, 2010, 02:40:18 PM »
The US Patent office likes to see context and specificity these days.  Just writing a description of a general mechanism without any use will not pass, so you have to name uses and how the patent uniquely meets a function.  So in writing a patent description, one must try to be as specific as possible for airtight protection on whatever product will be created, but general enough that someone can't just change a few minor things and use it for something else.  It's a delicate balance, so look for a Patent Attorney who gets involved with patent litigation on a regular basis.  They will understand what you want to do and write a patent to not just get through USPTO, but will hold up in court.
« Last Edit: February 13, 2010, 02:40:18 PM by Beaufort »

willib

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Re: Patent process ?
« Reply #4 on: February 13, 2010, 04:31:09 PM »
Thanks for the replies


as an example only

If i found a mechanism in a dishwasher and wanted to use it on a wind turbine i would have to cite their patent ?

« Last Edit: February 13, 2010, 04:31:09 PM by willib »
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DamonHD

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Re: Patent process ?
« Reply #5 on: February 14, 2010, 03:10:13 AM »
Firstly, IANA(P)L, though as it happens my brother is, kinda sorta!


You might not have to cite and license their patent if:




  1. Their patent is no longer in force.


  2. You want this only for a non-commercial personal use.


  3. You want to use it only in a geography that the existing patent does not cover.


  4. If your use is very novel and not an obvious* reuse of the material in the existing claims.  Eg if you were using their shape of front-door latch to induce nuclear fusion.




But I really am not any sort of lawyer and have only dabbled in patent stuff.


Rgds


Damon


*This is where you can spend all your lawyering money I suspect.

« Last Edit: February 14, 2010, 03:10:13 AM by DamonHD »
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willib

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Re: Patent process ?
« Reply #6 on: February 14, 2010, 08:19:33 PM »
Thanks Beaufort for the good advice!
« Last Edit: February 14, 2010, 08:19:33 PM by willib »
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willib

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Re: Patent process ?
« Reply #7 on: February 14, 2010, 08:22:06 PM »
And Thank you Damon for your time.
« Last Edit: February 14, 2010, 08:22:06 PM by willib »
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Rover

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Re: Patent process ?
« Reply #8 on: February 15, 2010, 04:39:00 AM »
Look up "use" and "Improvement" patents. I am one of the inventors on a "Use" patent for  a potential drug. Our patent is based on the use of a discovery, in this case a protein.


Quick google .. led me to this http://www.nolo.com/legal-encyclopedia/article-30250.html which may help


It is quite possible for our discovery and protein to be used for an alternative purpose, and that purpose be patented by someone else. (Alternative use). It is also possible for our discovery to be used with another drug/delivery method/combination to improve the effect (Improvement patent)


I can't say much else other than our patent process went through lawyers.

« Last Edit: February 15, 2010, 04:39:00 AM by Rover »
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AAprotocol

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Re: Patent process ?
« Reply #9 on: February 15, 2010, 05:37:03 AM »
Getting a patent can be a confusing process. The patent right is offered as an incentive for inventors to disclose how to make and use their inventions...
« Last Edit: February 15, 2010, 05:37:03 AM by AAprotocol »