Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Does a patented invention really works?  (Read 564 times)

Riya

  • Newbie
  • *
  • Posts: 7
    • View Profile
Does a patented invention really works?
« on: 08-07-10 at 03:07 am »
Patentability has got three criteria: 1. Novelty  2. Non-obviousness 3. Utility.....

But how does an examiner establish whether what is being claimed really do work or is it producing claimed results? shouldn't this be checked..

Logged

JimIvey

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 5413
    • View Profile
    • IveyLaw -- Turning Caffeine into Patents(sm)
Re: Does a patented invention really works?
« Reply #1 on: 08-07-10 at 11:56 am »
Well, one typically does not claim results -- in the claims, I mean.

If the claim describes something truly incredible (e.g., perpetual motion machine, time travel, cold fusion), it will probably fail the test for utility, unless the thing is proved to be legit.

Regards.
Logged
--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.

Robert K S

  • Lead Member
  • *****
  • Posts: 874
    • View Profile
Re: Does a patented invention really works?
« Reply #2 on: 08-07-10 at 10:00 pm »
Logged
Only after final does the fun begin.
Everybody else's advice disclaimers are herein incorporated by reference.
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.345 seconds with 17 queries.