Re: Re: Is it possible to patent a process if....

Subject: Re: Re: Re: Is it possible to patent a process if....

Comments:
: If others have already adopted your process, then I doubt the process is novel (new). There's a good chance there may already be a patent on it. I can't tell you how many times the media has jumped on a "new" and wonderful idea, for example, the new sign language to english translator, when someone received a patent for the very same idea 20 years ago. So you should do a patent search. : Next point: If the Idea is only in your head, then it means nothing. You must have something to prove that you thought of the idea first. Let's say there's no patent on your idea yet and your application gets issued. Your idea is known in the industry by the individuals you already mentioned, but let's assume there's no patent on it and therefore the examiner that examined it granted you a patent-this happens, we can't read every publication and interview experts, we mostly look in us and foreign patents to see if an idea is new. Now you have basically a worthless patent. If you try to enforce it and file an infingement suit, those individuals already using your idea have proof that they have been using the idea BEFORE you filed your application because you have no documentation to prove that you thought of the idea first, thus your patent will be invalidated. : Now if those other people that are using your idea spoke to you, or you worked with them and told them the idea, that's a totally different matter and you'd have to prove that you told them about the idea. : But the law says it must have not been in public use for over 1 year. : Its easy to get a patent, but hard to get one that will protect your invention and that is enforceable in the courts.

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