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Is it Patentable?
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   Is it patentable
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Veraut
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Is it patentable
« on: Mar 26th, 2006, 2:34am »
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Hello !
 
we developed a product which is on the one hand using a standard GSM-Modem by a well know company and on the other hand we developed a printed circuit board (with standard mp430 texas processor).  
 
well i think the gsm-modem must be patented by the company.
Now we are using this standard modem in combination with our circuit board for specific field. It economically solves a problem for those who work in that field.  
 
1.Question: Might this product (combination) be a new product ? and patentable ?
 
If somebody designes similar product (with any differnt gsm modem or some other processor/circuit board) will he then infringe "my" patent ?
Or is the patent not bound to the hardware used?
 
Thanks for your help!
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JimIvey
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Re: Is it patentable
« Reply #1 on: Mar 26th, 2006, 4:55pm »
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I've actually done some work in those technical areas, but that experience really isn't needed to answer the question.
 
Yes, a new and non-obvious combination of known things is patentable.  Of course, combining a modem with a processor is not a new combination, but I suspect you believe your device is combined in some new and potentially non-obvious way and/or configured to do things that no one else does.  Those things, assuming they are in fact new and non-obvious, are patentable.
 
As for what your patent will cover, that's up to whoever writes and negotiates your claims.  Your patent can cover whatever someone can capture in claim language that doesn't cover anything known (that qualifies as "prior art") or any obvious variation/combination thereof.  That's where a big part of the effort of putting together a strong patent lies.
 
Regards.
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James D. Ivey
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RMissimer
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Re: Is it patentable
« Reply #2 on: Jun 11th, 2006, 11:39am »
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I am not sure if they got your meaning.
 
To be patentable there must be utility.  If you take a different modem module, and a different processor than the prior art, and do the same thing,  YOU WILL NOT GET A PATENT.
 
You get a patent for the utility of the device created not for its component combination itself.  Further, since most component manufacturers provide example circuits, it is hard to create a circuit that is patentable on its own merit.  There must be a problem solved, in a non-obvious way.
 
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
JimIvey
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Re: Is it patentable
« Reply #3 on: Jun 11th, 2006, 1:48pm »
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I'd suggest not using "utility" in that way -- it just confuses an entirely different issue in patents.
 
I used the term "non-obvious" to convey what you're describing.  Yes, it's a loaded term.  Last I checked (many years ago), Chisum devoted over 500 pages to the topic in his treatise.  I wish I could convey the entirety of my 15 years of practice and Gestaultian understanding of what "non-obvious" means in every one-minute post I put in here, but I simply can't.
 
For what it's worth, despite the fact that most lay people (and many practitioners) won't fully appreciate the true meaning of "non-obvious", I believe my answer was complete and accurate as it was.
 
If I leave an important part of the answer less than fully explained in lay terms due to practical limitations, I apologize but I really don't have much choice.  The law is very complex.  That's why I don't mind posting answers here as completely as I can with limited facts and time -- to get a really useful answer to just about anything related to a real case is going to require a couple of hours (minimum) of attention by a hired professional.  If any of this were easy, I imagine most people would just handle their own issues themselves with satisfactory results and I'd have to do something else for a living.
 
Regards.
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James D. Ivey
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RMissimer
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Re: Is it patentable
« Reply #4 on: Jun 14th, 2006, 4:06pm »
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I get you point Jim.  But isn't the point of this site to help someone get through a filing or at least attempt same.  If they had the resources to do this through local legal counsel they would have done it already.
 
Certainly, they may not be able to do it,  but they atleast want to try.  The practictioners that post here within I assumed wanted to help.
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
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