Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[ChrisS]

I have invented "something" that I believe is patentable and profitable.

I have no experience with patent law or processing but I get the general idea. I want to know if my idea can be patented, and if I can file it without having to pay an agent thousands of doll hairs. Is there a guide or book out there somewhere that can help show me how to write a proper patent application?

There is ONE problem, there is ONE company out there that has invented a "similar" invention/process but it is still different by a long shot. Can my invention be patented even though there is a SOMEWHAT similar invention out there? The only similar thing about them is what the invention will be used for, but the process is almost completely different.

 My invention also improves upon the other companies invention, since the process is different, the parts are different, the formula's are different etc. My invention is about 25% more efficient, is cheaper to produce, and can be used for a more wide variety of applications.

Help me out please!

[Jonathan]

Go here - http://www.ipwatchdog.com/ , scroll down a bit and you will see links to about 15 books that could help you out. I don't have any recommendation for any particular one.

[Robert K S]

Patent It Yourself is probably a good place for you to start, but if you can stomach the reading, you'd do just as well to page through the relevant portions of the MPEP, especially section 2100 ("Patentability").

[klaviernista]

Where are you located.  Some states have not for profit patent programs (e.g., the Maine Patent Program) to help solo inventors patent their work. 

[ChrisS]

Where are you located.  Some states have not for profit patent programs (e.g., the Maine Patent Program) to help solo inventors patent their work. 

I'm in Canada, there are grants, and startup programs but nothing specific for patenting.

So I would be able to patent it if the process is different then the other companies patent?

The input(source) and output(work) energies are the same, but like I said the "process" that transforms input to output is different. Does there need to be a certain amount of "differentiation" between the two idea's for me to be able to patent it without infringing any of their rights? Is there somewhere that lays out these rules clearly for me to see?

And one last question...Can a patent show a system that uses existing technology in it's design? Meaning, let's say I have a pneumatic system that uses solenoids, Can my patent include the use of such solenoids? I'm assuming that most technology used for pneumatic design is now public domain since most of it was designed 20+ years ago...but still, how do I know? How do I know what is public domain and what isn't? Can I infringe on an existing patent by using it as part of my process in the design?

Sorry for all the questions, but answering them for me will really help me on my way haha

[DogDayPM 9er9er9er]

[a] So I would be able to patent it if the process is different then the other companies patent?

And one last question...[.b]Can a patent show a system that uses existing technology in it's design? Meaning, let's say I have a pneumatic system that uses solenoids, Can my patent include the use of such solenoids? I'm assuming that most technology used for pneumatic design is now public domain since most of it was designed 20+ years ago...but still, how do I know? [c]How do I know what is public domain and what isn't? [d]Can I infringe on an existing patent by using it as part of my process in the design?

Breaking it down a bit,
[a] Yes, so long as what you want to patent is not fully disclosed and non-obvious in view of what is shown by the other company's patent (and other published patents, apps, journal papers, etc).
[.b] Sure.  Scan any handful of patents and you'll see that nearly all rely on what is older in the art to build upon, and use that "what's known" basis to help describe their new invention.
[c] You don't have to know which is which, with limited exceptions, at least under US law (not sure about CA laws).  In the US, unless the patent specifically states that portions of it are subject to copyright or mask works rights, you can copy it.  Also (caveat below), the simple act of describing another's patented device or process in the text of your own patent is not an act of infringement.  Very often the Background or other sections of Company A's patents will describe Company B's patented technology, and they can do this whether Company B's patents are expired or in force.
[d] Caveat's about using the other company's patented process or product.  If you are using a "starter device" in your own improved device, and the starter device is covered by their patent claims, then this is infringement.  So in your shoes, before I started down the road of improved device production, I'd seek patent attorney advice.  The other thing is, if you want to describe Examples of your device in your patent application and your Examples start out with their patented product, isn't that a nice big red arrow pointing them in your direction?  So again, even just to go about patenting, if I were in your shoes I'd probably want to know if I was infringing their patent by making my improved device.  Not saying you are, but this is not something you want to be ignorant of....

[ChrisS]

That was pretty much everything I needed to know. I have gone over "their" patent a few times and don't see really any similarities between theirs and mine...the only real similarity is what it uses for energy...that's it!

I don't think I will need to mention anything about their patent, or their processes in my patent since there is no need. All of the processes inside the system are completely different, will be described differently, and are either currently "older or public domain", or have been custom designed by me to be specific for this application.

One final question, and I thank you all for putting in the effort to answer these for me. They will only help me get closer and closer to final production! (I already have a working prototype....mwahahah!).

My question is, if my invention uses a few different systems that are currently "uninvented", or "custom made" specific for this machine, can they all be included in a single patent that covers the WHOLE system? Can a patent be used to secure rights for a complete system, including the custom/unpatented "sub-systems"?

For example, let's say I invented the gas engine...would I be able to patent the engine as a whole? Or would the whole motor need to be patented, sub-system by sub-system? Would a patent for the whole motor LEGALLY cover the sub systems as well as the engine as a whole?

This is very important to me because there are 4 major parts of my system that had to be custom designed for this machine, and it would be HORRIBLE if someone came along and patented my "sub-systems" because of some patent law that I didn't know existed.

PS: Let me also add that my design DOES use some existing technology, but it is all used in a matter that has never been done before. It would be like using existing water pumping technology to invent some sort of time machine (That runs on water hahaha). So even though the water pumping technology has been in use for decades, the way in which the system uses it has never been done before(or just never patented). Would/could that be a legit patent?

And no I did not invent a time machine that runs on water...but it's close. hahaha