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: Design  (Read 948 times)

Red_alert

  • Newbie
  • *
  • Posts: 1
    • View Profile
Design
« on: 05-05-06 at 03:51 pm »

First of all i would like to thank all the people who made this server and people who are taking part in this forum, since you are making it a lot easyer to understand who patents work without asking something in return.

Now as for my problen, i am a total newbie. (if you can please give me a link about laws of international patenting and how its done) The thing is that the specific design (in computer technology) that i thought of  is not in use by anybody in the industry, and by design i mean also technical aspect, since the design change is made by switching to different technology used in this part.

The basic thing is this that i worked on the design and technologycal aspect and have very detailed (i mean really detailed) view how it should be done in design. i lack the technologycal aspect of this, but have no doubt that it can be made since the technology exists. i have seen this done in the movies, but the details of it that i have thought are most important and if done in my way its quite possible that this would sell and generate profit and in future change the whole industry.

Now i know that this is very complicated, and idea might seem totaly not a novel but with detailes i think it becomes one. How it is possible to patent it. if it is anyway. Thank you for taking time in reading this.
« Last Edit: 05-05-06 at 03:52 pm by Red_alert »
Logged

CriterionD

  • Senior Member
  • ****
  • Posts: 360
    • View Profile
    • Email
Re: Design
« Reply #1 on: 05-08-06 at 12:41 pm »

Based on what you say it would sound to me that your invention is patentable (hypothetically, and assuming it is novel)

here is a link to a basic patent FAQ from wipo.int

http://www.wipo.int/patentscope/en/patents.html

Sounds to me like you are ideally looking for a patent attorney, and a product design firm.  

JSonnabend

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 3671
    • View Profile
    • Email
Re: Design
« Reply #2 on: 05-10-06 at 06:25 am »

I'm not sure on what CriterionD's conclusion rests, and his attempt to qualify his answer by saying "assuming it's novel" is as pointless as it is incomplete -- the invention must be novel and non-obvious to be patentable.  Such a qualification to the answer renders it substanceless.  

With that in mind, I'd need to understand better what you mean by:

  • " have no doubt that it can be made since the technology exists"

    and

    • "i have seen this done in the movies"

      before offering any kind of (valid) opinion.

      - Jeff
Logged
SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com

CriterionD

  • Senior Member
  • ****
  • Posts: 360
    • View Profile
    • Email
Re: Design
« Reply #3 on: 05-10-06 at 07:58 am »

If the technology(ies) exist, and no one has thought to do the same thing, to me this would initially support the notion of non-obviousness

If I read the OP correctly, he/she has seen the same technology used in the movies, but not used in the manner he/she has in mind.  By "assuming it is novel," I am assuming this is the case.

Of course its impossible to give an answer or "valid" opinion to the subject of patentability given the information the OP has provided.  And, hell, depending on what you mean by "valid" I'd say a bit of research would need to be done first as well to ensure that the OP's idea is novel (at least to the best of our knowledge).

But, it is generally possible to acheive patent protection on the type/category of idea/concept/design that the OP has appeared (to me) to describe.  That is what I interpret the OP as being interested in at this point.

« Last Edit: 05-10-06 at 08:09 am by CriterionD »
Logged

Isaac

  • Lead Member
  • *****
  • Posts: 5163
    • View Profile
Re: Design
« Reply #4 on: 05-10-06 at 10:10 am »

Quote
If the technology(ies) exist, and no one has thought to do the same thing, to me this would initially support the notion of non-obviousness


While this might form part of the basis for an argument of non-obviousness, it is not even close to enough to rule out the issue.  

I assumed that your answer was intended to address the more general issue of whether the type of invention proposed by the OP was potentially patentable and that you did not mean your answer to say anything much about the prior art.  

Logged
Isaac
 



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 0.082 seconds with 17 queries.