Print

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

[asherc]

i am a farmer and i have noticed that none of the vending machines in the world vend packets of manure. Having spotted this omission I spend my time and money developing the design of a special purpose vending machine ideally suited to the job of vending packets of manure, because there are no ordinary vending machines that can do the job properly. The special vending machine differs little from existing vending machines other than is size, robustness and appearance. When considering whether to spend the vast amounts of money and time developing the physical vending machine, i naturally consider applying for a patent. The risk is that once this idea is public , the market will be flooded with imitations. So the question is can i apply for a patent claiming the very idea of vending packets of manure?
I feel something close to this is what i need because an ordinary vending machine could be adjusted in many ways to do the job. I feel that if i can not be given protection against others who might steel the very i dea of vending packets of manure then there is no protection. So my decision to go ahead rests on this. In other words, if i don’t get protection for the idea rather than specific implementation then i will not proceed, and if i do not proceed then society will probably never get the benefit of being able to buy packets of manure from vending machines.
Thanks in advance for replies

[JimIvey]

The special vending machine differs little from existing vending machines other than is size, robustness and appearance.

Given the wide variety of things sold from vending machines, I'd be surprised if you can argue that the particular thing that's sold is non-obvious.  Though, having something as undesirable as manure in a vending machine but cut so much against the grain as to be non-obvious.  On the other hand, since you are putting manure in a vending machine, I suspect it's not as undesirable as it sounds.

There may be prior art out there that suggests all sorts of different sizes of compartments depending on the size of the thing vended.  If so, arguing non-obviousness of the size might be a challenge.

Appearance can be written on (mostly) as the domain of design patents. 

That leaves robustness.  You might have something to hang your hat on in the ways in which you've made the machine more robust.  It's really not a good idea to share those details here for two reasons:  first, you would cost yourself rights outside the US (assuming you're in the US), and second, responses received here could undermine you patent rights by explaining too explicitly your strategies and arguments and such.

As for just claiming the vending of manure through a vending machine, that sounds like a stretch -- too close to what's already being done to be non-obvious.  However, in discussing your situation privately with a practitioner, you might explain all the reasons it hasn't been done yet and come up with solid reasons why it's non-obvious.

Best of luck.

[BobRoberts]

"That leaves robustness.  You might have something to hang your hat on in the ways in which you've made the machine more robust. "

To add to what Jeff said, if your modifications to make it more robust would serve no purpose in an existing vending machine, or existing machines vend in a way that "teaches away" from what you are doing, then these are two rationals (amongst others) you can use to overcome obviousness.

And as Jeff mentioned, please don't give the specifics here, as they could affect your rights.  Good luck.

[ManOfManyBadIdeas]

The idea actually sounds like a business method to me. I do not think the inventor has a
ready design for the machine, only the idea that such a machine would be very useful.
As the inventor himself points out:

"In other words, if i don’t get protection for the idea rather than specific implementation
then i will not proceed, and if i do not proceed then society will probably never get the
benefit of being able to buy packets of manure from vending machines."

Luckily the idea itself may be patented per recent developments in the area. It does
seem to produce "tangible results" in the form of manure. And one can argue novelty
and non-obviousness (I think one can safely say that prior art teaches away).

[JimIvey]

The idea actually sounds like a business method to me.

Maybe it is.  Maybe not.  Just understand that "business method" doesn't mean anything in US patent law.

Regards.