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I have an Invention ... Now What?
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   idea -> reality?
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JimIvey
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Re: idea -> reality?
« Reply #5 on: Aug 13th, 2005, 7:16pm »
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on Aug 13th, 2005, 9:56am, new2all wrote:
IF I am unable to raise the funds or hardware, should I go ahead and apply for the patent WITHOUT a prototype and then approach the company(s) to evaluate my idea on their product.?

Should you?  Hard to say.  Can you?  Yes.  You don't need a prototype to file a patent application and to ultimately get a patent.
 
Regards.
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James D. Ivey
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new2all
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Re: idea -> reality?
« Reply #6 on: Aug 14th, 2005, 1:22am »
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thanks for the reply.
 
can you suggest me on this too..
 
I read about PPA - Provisional Application for Patent
http://www.uspto.gov/web/offices/pac/provapp.htm
 
and found it to be a safeguard towards ones idea, but here is the thing..
 
I searched the USPTO patent database to see if there is a patent already filed for the idea i have, and got a bunch of patent that matched my search query
 
they might be relatively close to my idea But none of them state exactly what i intend to do.
 
1) Are the "wordings" "diagrams" etc very important in an patent.?
 
2) What do I need to do in oreder to get "prior art" approval from another patent?
 
3) If i do get an approval from the "prior art" patent holder  to use his idea, do i get full ownership on the patent and idea i develop?
 
I would like to enhance my question using an example.
 
The basic application of a TV is to display a moving image and sound. There are plenty of companies who make television sets.  
 
Do they all have a different patent for each make/model .?
 
In future if I intend to add a new feature to an existing TV set by a company(s), does the final TV set have my patent on it?
 
thanks for all the help.
 
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JimIvey
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Re: idea -> reality?
« Reply #7 on: Aug 15th, 2005, 11:41am »
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on Aug 14th, 2005, 1:22am, new2all wrote:
I read about PPA - Provisional Application for Patent
http://www.uspto.gov/web/offices/pac/provapp.htm
 
and found it to be a safeguard towards ones idea, but here is the thing..

Provisional applications don't safeguard anything, in and of themselves.  In my opinion, they are the most misunderstood and misused feature of US patent law.  
 
Provisional applications are not an alternative to a regular patent application -- they are strictly a strategic option.   Don't use them unless you know what you're doing.
 
http://www.isrlaw.com/provFAQ.html
 
on Aug 14th, 2005, 1:22am, new2all wrote:
I searched the USPTO patent database to see if there is a patent already filed for the idea i have, and got a bunch of patent that matched my search query
 
they might be relatively close to my idea But none of them state exactly what i intend to do.
 
1) Are the "wordings" "diagrams" etc very important in an patent.?

Yes.
 
on Aug 14th, 2005, 1:22am, new2all wrote:
2) What do I need to do in oreder to get "prior art" approval from another patent?

It depends on what you mean by "'prior art' approval."   If you mean some adjudication that your patent meets the requirements of law despite the existence of the prior art, that happens in due course of examination.  Don't forget to cite the references you found to the examiner when you file your application -- Information Disclosure Statement.
 
If you mean permission to practice inventions recited in other patents, you need the permission of every patent owner whose patent covers what you want to do as long as the patent is still in force.
 
on Aug 14th, 2005, 1:22am, new2all wrote:
3) If i do get an approval from the "prior art" patent holder  to use his idea, do i get full ownership on the patent and idea i develop?

Approval/permission is a matter of contracts.  You get exactly what you negotiate for and what the patent holder gives you.  It doesn't necessarily include ownership, but can.
 
on Aug 14th, 2005, 1:22am, new2all wrote:
I would like to enhance my question using an example.
 
The basic application of a TV is to display a moving image and sound. There are plenty of companies who make television sets.  
 
Do they all have a different patent for each make/model .?

There's no requirement that they have patents for anything.  Most likely, they'll have patents for each and every valuable innovation in each model.  Since some innovations are implemented in various models, many of the patents will cover multiple models.  So, each model is probably covered by many patents and each patent probably covers many models.
 
on Aug 14th, 2005, 1:22am, new2all wrote:
In future if I intend to add a new feature to an existing TV set by a company(s), does the final TV set have my patent on it?

I don't think I understand this question.  If you're asking about whether your patent would cover a TV incorporating your new feature, that depends on a lot of things -- primarily what your patent covers.  Your patent -- assuming you're able to get one -- will declare (claim) what it covers, and you will decide what that language looks like -- either directly or indirectly through a practitioner working for you.  Your patent will cover pretty much exactly what it says it covers.  If someone can implement your new feature without making, using, or selling something that is described by at least one valid claim of your patent, then they won't infringe.
 
I hope that helps.
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James D. Ivey
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