Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: scotthoodriver on Dec 3rd, 2006, 10:04pm)

Title: Clarification
Post by scotthoodriver on Dec 3rd, 2006, 10:04pm
I guess what I am trying to say is I have an idea for a product.  There are other companies who make products that sort of do some of the things my product does but none of them have all of the features that my product does.  None of the existing products do what they do as well as mine does either.

Looking through the patent database for 4 days now and I have found "methods" and "systems"  for doing
individual things that my product could be considered doing in some instances but not in all.  

Specifically in one instance, one of my products abilities has the ability to utilize a method that is described in one of the patent claims as well as the ability to utilize at least one other method.  

I know this is all vague but maybe somebody out there is bored ;)

Title: Re: Clarification
Post by scotthoodriver on Dec 3rd, 2006, 11:06pm
So I finally find a patent that describes in detail my system and methods.  I knew I wasn't the first to think of it.  Anyway the patent was issued in 1975 does this mean it is now public knowledge and anybody can make and market a product as described.   Or does a patent get renewed?

Title: Re: Clarification
Post by guest@guest.com on Dec 4th, 2006, 5:00am
There is no "renewing" of a patent that has expired.  
The subject manner and claims of a patent that old are dedicated to the public.  You cannot claim the same thing described in that document and get your own patent.  

You can try to come up with a novel or ortherwise non-obvious improvement that is not taught or suggested in that reference that might be patentable.  There is a risk that your improvement might be taught or suggested in one or more other references, however.  

If you do file for a patent remember your duty to disclose information that is pertinent, including the reference(s) you found.

Title: Re: Clarification
Post by Hear Hear on Dec 5th, 2006, 3:15pm
Novel


If everyone else has just got

A+B+C

or A+B+D

or A+C+D+E


and you have

A+B+C+D+E

then it is novel

But you need to test whether or not an average person in the industry would have come up with A+B+C+D+E

Its good if one of those components currently does not exist at all. And the more components you have (generally) the less likely a normal person in the industry would have come up the same invention.



Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board