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Is it Patentable?
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   Can i patent and sell this
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littlemic11
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Can i patent and sell this
« on: Jan 26th, 2006, 3:13pm »
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I have a question regarding if something can be patented if parts of it are already patented.  
Lets's say I want to invent a "marble shooter", I know its probably already invented but for sake of arguement.
 
And the marbles I use to shoot are already patented and the gun i use to shoot the marbles is already patented.  
 
I'm pretty sure "the marble shooter" can be patented but if i produce it aren't I violating the patent rights of the people who have the marble and gun patents?
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Isaac
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Re: Can i patent and sell this
« Reply #1 on: Jan 26th, 2006, 3:46pm »
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Applying for a patent won't infringe those rights.  Your activities in developing your invention might infringe. Your attempts at making selling, importing, offering to selling you invention might infringe.  Simply applying for an obtaining a patent would not be an infringing activity.
 
Further, it might well be that you acquire the necessary licenses to use the gun and marble when you purchase those components from an authorized source.  
 
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Isaac
CriterionD
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Re: Can i patent and sell this
« Reply #2 on: Jan 26th, 2006, 4:36pm »
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First of all, if you are infringing on anyone by marketing the product, then you probably couldn't patent it.  You might be able to patent part of the invention
 
Second, just because similar products have already been patented doesn't necessarily mean that you couldn't patent a new and improved "marble gun."  
 
Third, either way, a patent search would be in order so you could know exactly what you are dealing with.  There could be a 20+ year old expired patent that you could knock off without penalty.
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Isaac
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Re: Can i patent and sell this
« Reply #3 on: Jan 26th, 2006, 5:00pm »
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on Jan 26th, 2006, 4:36pm, CriterionD wrote:
First of all, if you are infringing on anyone by marketing the product, then you probably couldn't patent it.  You might be able to patent part of the invention

 
This just is not so.  For example you can patent an improved widget even if the underlying widget is patented and selling the improved widget would infringe the original patent.
 
Further most inventions are made from pre-existing, and possibly patented components.  
 
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Isaac
CriterionD
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Re: Can i patent and sell this
« Reply #4 on: Jan 27th, 2006, 3:02pm »
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on Jan 26th, 2006, 9:02pm, RogersDA wrote:
CriterionD:  There is some misinformation in your homepage.
 
Your site states:  "Patents are legal documents that claim ownership to the right to commercialize particular innovations"
 
Patents do not provide a right to commercialize anything.  See 35 USC 154(a):  Every patent shall grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof.
 
This is an important distinction in that your right to make or commerialize something can be severly restricted based on state or federal laws.  
 
Your site states: "Registering a copyright with the USPTO is relatively cheap..."  
 
The USPTO is not in the business of copyright registration.  That is for the U.S. Copyright Office of the Library of Congress.

 
Well I am a little embarassed
 
but I appreciate the feedback.  I am not starting out with much and none of my colleagues who had reviewed the PDF had pointed it out to me
 
The copyright issue was a mere overthought on my end.  Far as patents are concerned, the word most blatantly missing from my description is "exclusive."  Claims ownership to the exclusive right to produce, use, and/or commercialize particular innovations.  "Exclusive" infers the exclusion of others.
 
I will be editing that shortly.  Thank you.
« Last Edit: Jan 27th, 2006, 3:07pm by CriterionD » IP Logged

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