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Is it Patentable?
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L.S.Vidhyasagar
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patent
« on: Nov 5th, 2006, 10:21pm »
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1. It is said ' Scientific/natural laws/principles are not patentable but if they lead to practical application in the process of article or substance may/are patentable'.
 
Q: (i).Is this true? If so: which is patentable, the law/s, article or both?
    (ii). Can anybody use the law/s and manufacture/construct an apparatus with same or improved performance?  
 
2. It is said: Patents can also reserve for the patent holder an area of technology for future use and exploitatation. Explain
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JimIvey
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Re: patent
« Reply #1 on: Nov 6th, 2006, 7:41am »
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on Nov 5th, 2006, 10:21pm, L.S.Vidhyasagar wrote:
1. It is said ' Scientific/natural laws/principles are not patentable but if they lead to practical application in the process of article or substance may/are patentable'.
 
Q: (i).Is this true? If so: which is patentable, the law/s, article or both?
    (ii). Can anybody use the law/s and manufacture/construct an apparatus with same or improved performance?

Yes, it's true.  You can't patent the law of natural but you can patent a new, non-obvious, practical use of the law of nature.  
 
Consider that you've discovered a more accurate equation representing the resulting forces of air moving over a surface.  You couldn't patent the equation, but you might be able to patent a new airfoil that takes advantage of your equation.
 
on Nov 5th, 2006, 10:21pm, L.S.Vidhyasagar wrote:
2. It is said: Patents can also reserve for the patent holder an area of technology for future use and exploitatation. Explain

I think it's self-explanatory.  A patent conveys the right to exclude others from making, using, selling the patented invention.  So, your patent for your airfoil can prevent others from making, using, selling your airfoil and therefore "reserve" that area of technology for the patent holder.
 
Regards.
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James D. Ivey
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lsvidhyasagar
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Re: patent
« Reply #2 on: Nov 9th, 2006, 8:28pm »
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Thanks Mr. Jim Ivey,
 
Which do you patent?
 
  the  airfoil or  
  the use of the equation in constructing airfoils (of say slightly improved performance)
 
i.e. nobody else can use the equation to construct airfoils and patent them without license from me
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JimIvey
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Re: patent
« Reply #3 on: Nov 10th, 2006, 7:33am »
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I'd try to claim both.  
 
I'd also pepper the inventor with questions about where else the equation could be applied -- e.g., hydrofoil, turbines, perhaps sail design, etc.  Maybe even bridge and building construction.  I'd explore all the ways air or fluids flowing over a surface are taken into account and see to what degree the new equation could improve those.
 
Regards.
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James D. Ivey
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Re: patent
« Reply #4 on: Dec 29th, 2006, 2:04am »
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Yes, you cannot patent a scientific or natural law/principle per se but may patent a practical application using it. The basic reason behind the non-patentability of scientific or natural law/principle is that the law/principle per se is an abstract theory until and unless materialized into some practical application. For example, first law of thermodynamics is not patentable per se but its application in devising internal combustion engine is patentable. As James already mentioned you can claim both principle as well as the application thereof. For reference you can refer U.S. Patent Nos. 542,846 and 608,845 both assigned to Rudolf Diesel. The 846 patent claims method of and apparatus for converting heat into work whereas the 845 patent claims internal combustion engine both based on the first law of thermodynamics.
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