Re: Method Patend

Subject: Re: Re: Method Patend

Comments:
: : I've come up with a use for an item which has been around for a hundred years or more. How do I go about getting a method patend? ( saw you mention this in an earlier posting ) Is this type of patend less costly than product patend? : : There will be a product marketed by me for my specific use. Would this product also need a patend? This product is already in everyones home, mine is just sized for a spacific use. : : Thanks, Don D : : Hi Don, : 1. One gets a method patent by claiming a method (a series of steps) rather than a physical apparatus (has moving parts) or article (has no moving parts). A good place to start is listing a bunch of "-ing" verb phrases to define your method. If you want an example, I can point you to one on the USPTO web site. : 2. The cost for the Patent Office is the same. The cost for having someone help you (an attorney/agent) depends entirely on the complexity of your invention. I get the feeling yours is somewhat simple and therefore not expensive. : 3. If the product is already in everyone's home, then you can't get a patent for the product itself. While the method of use might be novel and non-obvious, the product itself apparently isn't. : A couple of thoughts regarding method of use patents: your competitors won't practice the method (except perhaps for testing). So, you'll have to sue your competitors' customers (and your potential customers) directly for direct infringement. I'll let you decide whether that's a viable business strategy. Of course, if your competitors give instructions for use along with the product, you can sue them for inducement to infringe or perhaps contributory infringement. : I hope this helps. : Regards.

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