I have a product, which is actually a system of components and a method of using them all
together to effect a desired result on external
media. The scope of which is nothing new.
As far I can tell the end result of the utilization
of my product is the same as described in a
previously expired patent, 1970's issue date.
My product is unique in the way it actually
physically and mechanically produces the
effects on some of the external media and
uses prior-art to accomplish remaining tasks.
My product is unique in the actual "artistic"
sense than other patent products utilizing
the same free art I am.
I have looked and looked and am recording all
of my searches and cross indexing them with
a little custom script I wrote and so far, I cannot
find anything that describes my product in either
issued or pending applications.
My thought then is well this is so simple that it
must have been done before. I have googled
and yahoo'd and googled some more and will
be spending all of my waking hours doing same.
I still havn't found anything that describes my
product either for the initial intended use of it
or anything that I could think up. I had a retired
lawyer create and sign a nda and then I asked
him, he is 72 year old and would be familiar
with prior art in the area that my product is
intended to engage, he says he can't remember
anything like what I showed him. He also said
"It's always the simplest things..."
So I am pretty sure I want to proceede with my
product. As I stated before it is a system of
individual products. Some of which oviously
fall under prior-art and the others don't. I hadn't
planed on marketing them individually but my
lawyer said that maybe I should look into a seperate
patents both utility and design for each unique
part and the system as a whole.
If I get a patent for the system as a whole, does
that cover the expressed unique attributes of the
individual components of my product or does each
one need an individual patent?
So if my new product is
A B C D E , where A and B are prior Art, C, D, E are
unique designs I patent A B C D E as a single product.
Now lets say Joey finds that individual components
C and D will work in his product. Can he do that or
are C D E protected individually as part of ABCDE?
similar situation:
Joey patents pipe for running water,
a length of non permneable, rigid structure open at both
ends for water transmission. (prior art)
Bob invents hose, a flexible inpermneable structure open at both ends for water transmission. (patent art)
Tom invents sprinkler hose, a flexible permneable structure open at both ends. (new art)
here, A = structure open at both ends for water transmission, B = unique flexible aspect, C = unique soaker hose aspect.
A = pipe, B = flexibe aspect, C = soaker hose aspect
A is prior art free. B is currently patented. C = new art
Both B and C use A as part of their solution
B and C are unique from A in that they are flexible,
A and B are unique from C in that they are inpermneable
So in this mess, is C liable to b in that his product is
flexible
once I get this clear in my head I am gonna dive right in I be thinkin...... Then again I have always been a fool.
Thanks
