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I have an Invention ... Now What?
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   Patent or Intellectual Property?
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   Author  Topic: Patent or Intellectual Property?  (Read 882 times)


Posts: 3
Patent or Intellectual Property?
« on: Mar 2nd, 2007, 8:59am »
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I have an invention; part of it involves new "things" (these I know are patentable) but the rest of the invention takes existing technologies and both improves and combines them into a larger system. Do I patent that part or is that part intellectual property
for example: If I take a can opener and improve it a little then combine it with a cell phone. Is that a patent or Intellectual property?
IP Logged
Senior Member


Posts: 2584
Re: Patent or Intellectual Property?
« Reply #1 on: Mar 2nd, 2007, 9:55am »
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Well, it's all intellectual property, or at least can be.  It's not a patent until you've filed a patent application (not a provisional -- that can never become a patent) and a patent is granted and issued by the US Patent and Trademark Office on that application.
As for your cell phone that opens cans, it's patentable if (i) the combination is novel and non-obvious and (ii) an application that sufficiently describes the invention is filed.
So, the short answer you're probably looking for is "Both."
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James D. Ivey
Law Offices of James D. Ivey
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Posts: 112
Re: Patent or Intellectual Property?
« Reply #2 on: Mar 7th, 2007, 6:50am »
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But will it be like the GPS guidance setup? That is, when you're opening the can it counts as a call? Grin
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