Re: Re: Re: Re: New use for an existing device that is not patented

Subject: Re: Re: Re: Re: Re: New use for an existing device that is not patented

Comments:
: : : : : Could someone please expalin what "A new use for and existing device" means. If a patent is obtained and it is used for something different and there is no prior art or articles or patent on the new use, is the patent valid? : : : : Dear J.L. Deal, : : : : You are entitled to a patent if the invention is "New, Useful and Unobvious". A patent can be obtained for a new device or a new "method" of doing something. : : : : A new use for a know device, may be patentable. There may be a problem though. Even if you get a patent, if the device that is used is patented, the new use may infringe the existing patent. : : : : One has to understand the subtleties of the law. Just getting a patent may be a great way of spending money without getting a return. : : : : You have to find a Registered Patent Lawyer you can trust to understand what is best to do in YOUR interest. : : : : There is a scam industry making $100M+ a year getting patents for inventors. Only 1 in 10,000 make more money than they pay. : : : : There are even some registered patent lawyers, particularly who advertize extensively that say yes to clients, get them patents, whose claims are avoidable. Thus the inventor has a patent but the patent does not give the protection that the inventor needs to make money. : : : : Recently an inventor came me with a patent, complaining that wherever he went to saw his invention in use. An examination of the patent showed that the patent disclosed the invention but the patent claims, which protected the invention, were completely avoidable. That means the patent disclosed the idea but the important part of the patent, the claims did not protect the invention. : : : : You need a Registered Patent Lawyer you can trust. : : : : M. Arthur Auslander : : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : : 505 Eighth Avenue, New York, NY 10018 : : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : : ELAINE's Workshop(sm) : : : : E arly L egal A dvice I s N ot E xpensive(sm) : : : Mr. Auslander---thank you for your response. One question; in getting a patent, I understand there are patent investorgators that work for the government that have to grant you the patent after their investagation is complete. If a patent is issued by the government and they clear it to be patented then why does the law allow an attorney to sell you something that would not even hold water? If you get a patent and find out that it can be infringed and your patent is worth nothing what happens then. Someone should be held accountable. : : : Thank You J.L. Deal : : Dear J.L. Deal, : : It would take a treatise to respond to the question. Lawyers exist because there are diffent ways of looking at every situation. If all law were certainty there would be no need for lawyers. : : With a patent search an evaluation of the chances of getting a patent comes from a search. The search also gives a good idea of the possible scope of patent that might be obtained. : : When you go to a doctor unless you understand what to ask you may get correct answer, but answers that do not help you get what you want and need. : : With patent lawyers there are some that will focus on getting a patent, get a patent, yet the patent may not give the protection that you want. : : If the inventor were to ask the right questions then, if misled there might be professional liabililty. : : We deal with patents and intellectual property on the basis of our Reality CheckŪ. We won't even suggest a patent search if looks like the clients needs look as if they cannot be met. : : The are many ways of dealing with reality. The other day I saw and ad for Gordon's Gin which had on the label refernce to a patent. There is no way gin can be patented. There might be a patent on a new way in the making of gin. The patent in that case may have been worth its weight in advertizing copy. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : ELAINE'S Workshop(sm) : : E arly L egal A dvice I s N ot E xpensive(sm) : : Thank you Mr. Auslander : What has to take place in "willfull infringment?" How does the law treat "willfull infringment?" : JD

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