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[wkheathjr]

Suppose there are few companies making similar machines but for this argument's sake..  Let's use Ford/Dodge/GM and suppose I decide to make a new car that has the same concept of engine, frame, brake, etc.  But my design, improvement, and low-cost is the main reason why I decided to put my car in production to competite against the auto-maker giants.  The engine I have is half the size of most engine in all other cars making it the main reason for pushing into production and into the market.  What can be done about the patent? 

Can I simply protect the concept of method itself or forget it and roll my dice without the patent and hope that I am protected by the copyright of my work to prevent the duplicated by forcing them to create new and different method from mine?

Thank in advance for replying and Happy Holiday!

[10YearReg]

I don't understand your question.

Can you rephrase?

[wkheathjr]

I don't understand your question.

Can you rephrase?

Hmm... not sure of other way to ask the question?  Ok, let's try something more simpler?  How about making a utility trailer adding some kind of loader with hydraulic pump system so you could load materials on the trailer.  Since there are so many utility trailer on the market, not one has the loader...

Where do this issue stand??  It seems obviously that patent is "out of question" because utility trailer existed just like cars.. but the design itself!  Can the design or the method be patented or copyright (Not duplicated)??

Or am I still unclear??

[10YearReg]

Sorry.

[vman11]

I'm not sure why you think that a utility trailer with a hydraulic loader would not be eligible for a patent just because utility trailers exist. If there is no 'prior art' (note the difference between term used and what you think might be available on the market) reciting the structure (and the improvement is novel and non-obvious) then indeed, this new and improved utility trailer with the said improvement of the hydraulic loader may be eligible for a patent. Whether one gets a patent issued eventually depends solely on the patent examiner's/ appeal board's opinion. Yes, the design (the way the trailer looks) & method of use could possibly be protected too.

A copyright is issued for written material, e.g. a book and not a thing (object).

If you do think you have a new improved apparatus or method of use, I recommend you have a professional take a look. It's extremely difficult to determine generically what qualifies as novel enough to warrant a patent. As mentioned above, the examiner's opinion is the only one of real value and you don't get his/her opinion till you apply for a patent. Having said that, a practitioner can give you their opinion if you so chose. 
 

[ababab]

You can patent one aspect (new, non-obvious) of a larger system even if the old system is well known.  So you can patent an improved engine even though cars and other engines are well-known.  You can patent an improved trailer with new features even though other trailers are well known.  I don't see how copyright enters the picture at all, except perhaps for the owner's manual for the engine or trailer.

[wkheathjr]

vman11 and ababab, Thank very much for clearing that up!  I thought I was clear enough using the trailer as example.  Now I know I will go ahead and apply for patent but given the fact it is major improvement over other machine I do have a chance for patent to be approved!

[JimIvey]

... given the fact it is major improvement over other machine I do have a chance for patent to be approved!

The PTO doesn't approve innovations or improvements; they approve patent applications.  So, if your application doesn't properly describe and cover your major improvement, your application will not likely be approved regardless of the technical merits of your innovation.  Your application is your proposal for a grant of a property right.  It will not be granted if it's improper, regardless of how well you deserve protection of some kind for your innovation.

It's important to have reasonable expectations as you go through the process.

Regards.

[CriterionD]

A copyright is issued for written material, e.g. a book and not a thing (object).
 

Actually, a copyright can be issued for a 'thing.'

But that's besides the point here.  A copyright isn't issued for a 'utilitarian thing.'