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Re: Re: Patent someone else's idea????[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by MB on August 16, 2001 at 11:05:29: In Reply to: Re: Patent someone else's idea???? posted by M. Arthur Auslander on August 14, 2001 at 23:42:38: : : Is it possible to patent someone else's idea? An acquaintance mentioned a "this product would be better if it could do this" statement. I have the capabilities and ideas to make this product better, but who's idea is it and if I end up patenting and selling this product, am I obligated to share? : Dear MB, : In order to get a valid patent you must be the inventor. Ideas are not patentable. If your concept of an invention is and embodiment of someone else's idea you still may be the inventor. : For instance if someone said to Edison, "we ought to have an electric light", that does not stop Edison from being the inventor or what he created. : You have a sophisticated legal question of law and fact. You may also may have a problem with your friend. You had better document what you do if you go further. : Since not every good idea is patentable and not every patent gives the protection that you need, there is still need for a Reality Check™ : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909
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