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Is it Patentable?
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   Design
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   Author  Topic: Design  (Read 626 times)
Red_alert
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Design
« on: May 5th, 2006, 4:51pm »
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First of all i would like to thank all the people who made this server and people who are taking part in this forum, since you are making it a lot easyer to understand who patents work without asking something in return.
 
Now as for my problen, i am a total newbie. (if you can please give me a link about laws of international patenting and how its done) The thing is that the specific design (in computer technology) that i thought of  is not in use by anybody in the industry, and by design i mean also technical aspect, since the design change is made by switching to different technology used in this part.
 
The basic thing is this that i worked on the design and technologycal aspect and have very detailed (i mean really detailed) view how it should be done in design. i lack the technologycal aspect of this, but have no doubt that it can be made since the technology exists. i have seen this done in the movies, but the details of it that i have thought are most important and if done in my way its quite possible that this would sell and generate profit and in future change the whole industry.  
 
Now i know that this is very complicated, and idea might seem totaly not a novel but with detailes i think it becomes one. How it is possible to patent it. if it is anyway. Thank you for taking time in reading this.
« Last Edit: May 5th, 2006, 4:52pm by Red_alert » IP Logged
CriterionD
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Re: Design
« Reply #1 on: May 8th, 2006, 1:41pm »
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Based on what you say it would sound to me that your invention is patentable (hypothetically, and assuming it is novel)
 
here is a link to a basic patent FAQ from wipo.int
 
http://www.wipo.int/patentscope/en/patents.html
 
Sounds to me like you are ideally looking for a patent attorney, and a product design firm.
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JSonnabend
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Re: Design
« Reply #2 on: May 10th, 2006, 7:25am »
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I'm not sure on what CriterionD's conclusion rests, and his attempt to qualify his answer by saying "assuming it's novel" is as pointless as it is incomplete -- the invention must be novel and non-obvious to be patentable.  Such a qualification to the answer renders it substanceless.  
 
With that in mind, I'd need to understand better what you mean by:
 
  • "[I] have no doubt that it can be made since the technology exists"
     
    and
     
  • "i have seen this done in the movies"
     
    before offering any kind of (valid) opinion.
     
    - Jeff
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    SonnabendLaw
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    CriterionD
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    Re: Design
    « Reply #3 on: May 10th, 2006, 8:58am »
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    If the technology(ies) exist, and no one has thought to do the same thing, to me this would initially support the notion of non-obviousness
     
    If I read the OP correctly, he/she has seen the same technology used in the movies, but not used in the manner he/she has in mind.  By "assuming it is novel," I am assuming this is the case.
     
    Of course its impossible to give an answer or "valid" opinion to the subject of patentability given the information the OP has provided.  And, hell, depending on what you mean by "valid" I'd say a bit of research would need to be done first as well to ensure that the OP's idea is novel (at least to the best of our knowledge).
     
    But, it is generally possible to acheive patent protection on the type/category of idea/concept/design that the OP has appeared (to me) to describe.  That is what I interpret the OP as being interested in at this point.
     
    « Last Edit: May 10th, 2006, 9:09am by CriterionD » IP Logged

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    Isaac
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    Re: Design
    « Reply #4 on: May 10th, 2006, 11:10am »
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    on May 10th, 2006, 8:58am, CriterionD wrote:
    If the technology(ies) exist, and no one has thought to do the same thing, to me this would initially support the notion of non-obviousness

     
    While this might form part of the basis for an argument of non-obviousness, it is not even close to enough to rule out the issue.  
     
    I assumed that your answer was intended to address the more general issue of whether the type of invention proposed by the OP was potentially patentable and that you did not mean your answer to say anything much about the prior art.    
     
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    Isaac
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