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Is it Patentable?
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   Patentability question
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qianqide
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Patentability question
« on: Oct 19th, 2005, 5:19pm »
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Hi,
 
  I have a simple idea that must have been tried before by someone somewhere.
 
  However, as things are, simple things are difficult to do. So nobody has been doing it.  
 
  A short while ago, I found an old tool that could implement that simple idea. I have a prototype built  that clearly shows the advantages.
 
  I wonder if this is patentable: a new use for an old tool that implements an old idea to achieve a spectacular new result.
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JimIvey
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Re: Patentability question
« Reply #1 on: Oct 19th, 2005, 5:36pm »
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Uh, yes.  Sort of.
 
New use for an old tool: patentable, if the new use is also not obvious (more than a trivial deviation from an old use).
 
that implements an old idea:  I think you mean that it achieves a long sought-after goal (a "long-felt need").  If so, that helps.  If, on the other hand, you mean that the implemented old idea is an old use that is similar to your new use, then you might have problems.
 
to achieve a spectacular new result:  "unexpected results" are helpful in showing that your invention is not obvious.
 
So, if I understand your question, I believe the answer is "yes."
 
Regards.
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James D. Ivey
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qianqide
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Re: Patentability question
« Reply #2 on: Nov 6th, 2005, 1:52pm »
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Thanks for the reply. I did more search and found out more about prior art etc.
 
The invention has parts A and B.
 
1) There was a paper talked about A, but the method doesn't work for lacking element B.  
 
2) Another paper talked about parts A and B but applied in a different area for a very different purpose.  
 
How different is different for patenting purposes?
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JimIvey
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Re: Patentability question
« Reply #3 on: Nov 7th, 2005, 5:18pm »
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on Nov 6th, 2005, 1:52pm, qianqide wrote:
How different is different for patenting purposes?

14.2 centimeters.
 
Actually, that's a joke to highlight that "different" can be measured a multitude of ways.  It depends.  I don't think you'll get a professional answer without specifics (your specific idea and the specific prior art of which you're aware).
 
And, of course, don't put any specific here!!
 
Regards.
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James D. Ivey
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Re: Patentability question
« Reply #4 on: Nov 10th, 2005, 1:30pm »
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I think I have a similar question.  I have come up with an idea in which two unrelated things are combined to achieve a certain result, the result already achievable, but not as sufficiently without the combination.
 
For instance, and I know this is a dumb example but I am trying to not give away my idea, I came up with putting a waterslide on a semi, so that when the semi is moving iit adds to the speed at which ther person goes down the slide, making it more enjoyable. (yes, I know, dumb).
 
Is that patentable? Secondly, is it a method patent (the method of putting the two together to achieve the result), or is it a utility patent (the actual combination of the two elements) or is it both?
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