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[FormulaLT]

New guy here. New to "inventing" although I'm a tinkerer, dreamer, and problem-solver. Lots of good reading, but I've gotten myself more confused than ever.

I have an idea and can't figure out how to classify its potential patent. I'll try to describe it as best I can using an example rather than the actual idea. I am open to any and all criticism, advice and commendation.

Let's say that I have invented a refillable latex glove dispenser that mounts into the wall next to a surgeons wash basin (or on any other wall for that matter).

The dispenser is mounted whereby it does not protrude from the wall and is mounted flush, or recessed into the wall. It is semi-permanent and mounted in a rather unique manner. The front opens to be able to add a standard-sized box of latex gloves, but when closed the box is not visible, although the gloves are accessible through a slot in the front of the dispenser. It may be made of plastic, metal, wood or any other solid material.

There are many similar prior active patents including a simple dispenser that sits on a horizontal surface and a dispenser that mounts onto the wall, but it protrudes from the wall,  however no prior patents exist for a dispenser that mounts INTO the wall and fits flush to the surface. There are previous patents for dispensers of other items that fit flush, but none perform in the same manner as mine, although they may look similar.

Would I be looking for a utility patent or a design patent? Or is the invention even patentable since the glove dispenser has technically already been patented and its patent is active?

 Please ask any questions you like to help clarify the example. Any insight will be greatly appreciated!

 

[heyitsjohn2002]

Something that "performs" differently from everything else sounds like an invention related to utlity.  If something only "looks" differnet from everything else, than that sounds like design.  It is not uncommon for applicants to file utility and design applications for the same thing.

One caveat: prior patents are relevant, but in reality, you need to consider the entire public domain (i.e., what is known/disclosed in the public domain) for the determination of patentability.  You should take a look at the 'Novelty' and 'Obviousness' forums - those are two statutory topics/criteria that require satisfaction for patentability.

[orangequant]

yah, sounds like utility to me (but see my disclaimer below). you may be able to pull it off... there is related prior art in public restrooms with recessed paper towel dispensers. if i had to run this one myself, i'd be strongly focused on reasons why it's useful over prior art and current devices, and on making sure your version isn't already in someone's OR. but ya never know- it could fly!! gee, i'm so tempted to make fabrication suggestions but i'll refrain since this has to be ALL your idea. how 'bout some hopefully constructive questions instead? (might be best not to answer these here until after you file)

you say it's an "example" of your invention.
1. is the article to be dispensed sterile or only clean?
2. if sterile, is there a way to dispense it so that the sterile field is maintained to the point of use?
3. if only clean, how does the dispensing process maintain a clean field? (prevent contamination)
like i say, maybe best not to answer yet because it could give away too much of the store.

[FormulaLT]

Thanks for the insight.

Thinking more about it, I believe what I might be looking for is a both a design and utility patent.

Essentially my idea takes something that has already been invented and mounts it in a different way and also redesigns the way it looks.

I really wish I could just ask the questions without having to use an example. I'm going to think it through a little more and see if I can clarify the example.

I'll post back later....

Thanks again for the insight!