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Author Topic: Concerning Use and Obviousness  (Read 1270 times)

Jp

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Concerning Use and Obviousness
« on: 03-06-11 at 03:16 am »

In regards to usefulness, If a gadget can be used for a similar but different use, and the new use can be judged as, "badly needed", and the need was not provided than was it, "obvious" ?

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Wealth of Ideas, October 2007

"The proposed Patent Reform Act of 2007, however, is so consistently and unmistakably biased in favor of large corporations that the purported motivation for the proposed change to a First-to-File system must be viewed with deep suspicion."

TaiwanIP

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Re: Concerning Use and Obviousness
« Reply #1 on: 03-06-11 at 03:54 am »

In regards to usefulness, If a gadget can be used for a similar but different use, and the new use can be judged as, "badly needed", and the need was not provided than was it, "obvious" ?

In my opinion (and I have never personally dealt with filing a patent application with this set of circumstances so I could very well be wrong), it would take more details to answer your question. As we all know, it is perfectly okay to think of a new use for an existing product and patent that. For example, if there is a laundry detergent and an inventor discovers that it is useful for a completely unrelated purpose, say curing some skin ailment, I believe it would be possible to patent the process of such a novel use assuming that it is novel (and of course not the laundry detergent per se). However, you ask whether a gadget that could be used for a "similar but different use" would be deemed obvious. I think it's impossible to answer such a hypothetical situation because I wonder how similar is similar. Likewise, I wonder what the circumstances are surrounding your "badly needed" scenario (for example, how long did the need go unfulfilled?). This is an interesting question. Perhaps others will have more helpful input. 
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Jp

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Re: Concerning Use and Obviousness
« Reply #2 on: 03-06-11 at 10:46 am »

Thank you, . . .
I have always wanted to know the answers to questions like that and will give you the details you deserve to have here, . . but first let me re-interate with this analogy.

Coincidentally the scenario I will reveal to you concerning this,
 "usefulness and obviousness", is about a technology that I became involved in as
an innovator back in 1980, ( prior to the existence of 911 and radio signal device), and then again in the early nineties, (after the existence of 911), and did some but very little documenting at the time, believe there are some dated documents somewhere in my files here.

The following is a description about the device in question;


"Having experienced a near medical issue that required hightened urgency, I developed a simple device that would enable the subscriber to activate a local 911 call. The waterproof two button wireless safety device requires an administrator that authorizes the directory and the reminder calender for medication, appointments and programs for the end user.

The device was developed to save lives for the aging population 65+, the disabled (autism and alzheimer's) and pre-cel phone children 4-12. Our mission is to "Safeguard lives while ensuring safety, security and independence" for the subscriber and their loves one."


Without checking I am sure there are at least several different versions of this device.


About My question, . . .

My conversation aside from and independent of the above in a topic of conversation aimed at a discussion involving other developers interested in innovation and the description of the, proposed new idea and or technology in question, is as follows;

Would a Robbery in Progress Alert be Worth the Effort, if a 911 button carried and or worn by employees were to alert police of the placed call location, . as there would be no discussion that could take place. This would mean special arrangements with the police force in each area in order for this to work. Can this work ?  If you watch TV you have a pretty good idea of the intended usefulness of a device like this.

Therefore what I am asking is, . . are my claims that would be self evident and found in the above description, independent of those in the previous description concerning the medical rescue device ?

« Last Edit: 03-06-11 at 01:45 pm by Jp »
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Wealth of Ideas, October 2007

"The proposed Patent Reform Act of 2007, however, is so consistently and unmistakably biased in favor of large corporations that the purported motivation for the proposed change to a First-to-File system must be viewed with deep suspicion."

Jp

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Re: Concerning Use and Obviousness
« Reply #3 on: 03-06-11 at 01:16 pm »

I also believe that an integral part of technology that will form the future of security  of this nature is absent and I want to include my conception here;

The calls that are from devices such as this are pre-coded by the callers
number, whereby, the receiver of the emergency call will have the classification of the type of call it is and the required information for immediate use by the security unit or police force, spontaneously.

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Wealth of Ideas, October 2007

"The proposed Patent Reform Act of 2007, however, is so consistently and unmistakably biased in favor of large corporations that the purported motivation for the proposed change to a First-to-File system must be viewed with deep suspicion."

TaiwanIP

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Re: Concerning Use and Obviousness
« Reply #4 on: 03-06-11 at 07:48 pm »

Jp I hope you haven't given your idea away. I believe it would be helpful to do a simple patent search yourself and see what you come up with. For example, take a look at what Apple has done with an existing product (definitely look up the patent and check out the claims to see what's going on here):
http://www.mobilecrunch.com/2009/06/12/apple-patent-reveals-plans-for-emergency-mode/
Again, a prior art search would be very helpful (Google patents is very easy to use). Good luck!
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