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Author Topic: Patent/trademark/legal considerations for marketing an already public invention  (Read 2204 times)

JimIvey

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I have heard from a few people that an unprotectable idea will not gather as much VC or manufacturing interest even if they have confidence in the usefulness of the design, simply because the potential for ROI is lower.

I've heard/observed the same.  For VCs, it's a much more serious concern.  Quick knockoffs can cause a 6- or 7-figure investment to just evaporate.

Now let's say that I, in secret and without publishing this info, alter the design so that it can also herd cats, make coffee, and emit air freshener sprays on demand, and all of these features are built into the glove. Would THAT invention--"A glove that acts as a keyboard and mouse, cat herder, coffee maker, and air freshener"--be considered unique and patentable as a new design, separate from what I have already published, and viable both in the U.S. and internationally? Assuming the fundamental Keyglove design is public and not patented, could the "enhanced" design be fully patended?

Yes.  That which infringes if later anticipates if before.  Since your prior glove would not infringe the new claim, the new claim is novel over your prior published glove.

Of course, other publications/uses (of others) can qualify as prior art.

Regards.
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James D. Ivey
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Isaac

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Although I have continued to work on my project, for the past week or so I've held off posting anything new to the site except for some very sparse and non-specific Twitter updates, while I attempt to get this all sorted out. I realize it's pointless to take anything off the website and hope I can claim it as non-public (true, yes?)

Definitely yes.  That would be pointless and illegal.

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Would THAT invention--"A glove that acts as a keyboard and mouse, cat herder, coffee maker, and air freshener"--be considered unique and patentable as a new design, separate from what I have already published, and viable both in the U.S. and internationally? Assuming the fundamental Keyglove design is public and not patented, could the "enhanced" design be fully patended?

The important thing is that the features which make the device desirable be protected.  If the bells and whistles don't increase marketability, getting a patent on them may not be worthwhile.

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Again, my primary concern is not preventing people from copying the idea, since to some degree that is inevitable. It's a computer input device...if it's good, it's going to be imitated. It isn't that I don't care, but it's a secondary concern. My primary concern is being able to secure the interest of companies who can bring the invention to fruition.

Then their [those companies] potential concerns should be your concerns.
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Isaac
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