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Is it Patentable?
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   Re: Question for IP attorney
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JSonnabend
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Re: Question for IP attorney
« on: May 17th, 2006, 8:28am »
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I've responded to your original thread.  I suggest keeping the discussion in one place, even if you don't like the answers you're getting.
 
Of course, you could always hire an attorney if you were serious about your inquiry.
 
- Jeff
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SonnabendLaw
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bvigorda
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Re: Question for IP attorney
« Reply #1 on: May 17th, 2006, 8:57am »
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Hi Jeff,
 
Thank you for your reply.
 
I hope you or someone will please be  kind enough look closely at the last paragraph or two of my question at this posting to see what I am asking and give me your opinion.  
 
It could be the proper classification of my question is "broadness of patentability" rather than "patentability".
 
In other words - my question is:  how broadly can  product B be patented - will I only be protected so far as using product B for my method or will I be able to be protected so far as using product B in any method of making cement.
 
Thank you,
Gail
« Last Edit: May 17th, 2006, 11:08am by bvigorda » IP Logged
JSonnabend
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Re: Question for IP attorney
« Reply #2 on: May 17th, 2006, 11:34am »
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Quote:
how broadly can  product B be patented - will I only be protected so far as using product B for my method or will I be able to be protected so far as using product B in any method of making cement.

The problem is you're asking a very broad question that cant' be answered effectively in the abstract.  The correct answer is really: "it depends on how the patent claims your invention."  That in turn depends in large part on what the prior art discloses.
 
If you claim a concrete mixture having A and B, and that's novel and non-obvious in light of the prior art, then the patent would cover that mixture regardless of the method used to make it.  If the claim covered a process of mixing A and B to get concrete, then the patent would cover methods utilizing all the steps of your claim (or their equivalents).
 
I have a feeling this answer isn't going to satisfy you, but there's no way to answer your inquiry adequately without specifics, and by all means you should not disclose them here.
 
- Jeff
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SonnabendLaw
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Re: Question for IP attorney
« Reply #3 on: May 17th, 2006, 11:58am »
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Thanks all
« Last Edit: May 17th, 2006, 12:01pm by bvigorda » IP Logged
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Question for IP attorney
« Reply #4 on: May 17th, 2006, 6:12pm »
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Hello,  
 
I am re-posting this question in the hope that an IP attorney will be able to help. I've also changed the question a bit in the hope it will be easier to understand what I'm getting at. I apologize for the length of the question, but it's the only way I know how to ask for the information I need.  I already know about the requirements for novelty, usefulness, etc. Thank you!  
 
Hello,  
 
I hope someone will please tell me if this is patentable in the way I hope it is:  
 
Example:  
 
Product A and product B are the exact same thing except:  
 
Product A is manufactured in large granules and is used in making cement  
 
Product B is manufactured in tiny granules and is used in making glass  
 
Product A has never been used to make glass and product B has never been used to make cement. (Please assume the inventor knows this for certain.)  
 
Neither product or the prior art use of the products are patented and they are in the public domain.  
 
An inventor is working on a novel method for making a better cement. During the course of her testing, she learns that using product B (small granules) is the only way her new method will work.    
 
The inventor realizes she probably needs a patent for product B and the method.  
 
The inventor is concerned that once the method becomes known, suppliers to cement manufacturers will simply begin selling product B and the cement manufactureres will use product B to infringe on the inventor's method without any benefit to her.  
 
So my question is this:  Can the patent claim product B for use in making cement regardless of the method used (thereby preventing suppliers to cement manufacturers from selling product B without the inventor's consent) or will the patent claim on product B have to be limited to its use in the inventor's method (thereby allowing the suppliers to cement manufacturers to sell product B allowing for easier infringement on the inventor's method)?  
 
I sure hope this is making sense.  
 
Thank you,  
Gail  
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