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Is it Patentable?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Unused Technology Being Patented for New Usages
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   Author  Topic: Unused Technology Being Patented for New Usages  (Read 1728 times)
JSonnabend
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Re: Unused Technology Being Patented for New Usage
« Reply #5 on: Jan 12th, 2005, 7:55am »
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If the claims cover a method of using suction cups to lift stencils, then the patent prevents other people from using suction cups to lift stencils.  If a company sells suction cups and promotes there use for lifting stencils, the company may be liable as a contributory infringer.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
Bob galler
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Re: Unused Technology Being Patented for New Usage
« Reply #6 on: May 13th, 2005, 4:41am »
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dear Jim
 
if i create an virtual reality application using a (assumption) using a known protocol standard which has never been applied for virtual reality applications. suppose the said virtual reality application  is known and the protocol in a standard format available to public. But this protocol has never been used for this purpose. is it patentable?
 
Thanks in advance!
Bob
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JimIvey
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  jamesdivey  
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Re: Unused Technology Being Patented for New Usage
« Reply #7 on: May 23rd, 2005, 1:46pm »
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If this was addressed to me personally, I apologize for not responding sooner.  I've been out of the forum for a while.  To paraphrase an old bumper sticker, "Stuff Happens."
 
It might be patentable.  If there are reasons that others have applied the protocol to virtual reality and you found a clever ("non-obvious") way to make it work and/or it solves a problem that others have tried to solve and failed (another way to show non-obviousness), then you'd probably get a patent.
 
In short, new and non-obvious combinations of known things are patentable.  
 
However, if there's no reason to believe that the protocol wouldn't serve virtual reality well and it's just coincidental that no one has used that protocol, getting a patent will be challenging (time intensive and/or expensive).
 
Regards.
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James D. Ivey
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