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: Patent or Intellectual Property?  (Read 967 times)

betamatt76

  • Newbie
  • *
  • Posts: 3
    • View Profile
    • Email
Patent or Intellectual Property?
« on: 03-02-07 at 08:59 am »

I have an invention; part of it involves new "things" (these I know are patentable) but the rest of the invention takes existing technologies and both improves and combines them into a larger system. Do I patent that part or is that part intellectual property


for example: If I take a can opener and improve it a little then combine it with a cell phone. Is that a patent or Intellectual property?
Logged

JimIvey

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 5413
    • View Profile
    • IveyLaw -- Turning Caffeine into Patents(sm)
Re: Patent or Intellectual Property?
« Reply #1 on: 03-02-07 at 09:55 am »

Well, it's all intellectual property, or at least can be.  It's not a patent until you've filed a patent application (not a provisional -- that can never become a patent) and a patent is granted and issued by the US Patent and Trademark Office on that application.

As for your cell phone that opens cans, it's patentable if (i) the combination is novel and non-obvious and (ii) an application that sufficiently describes the invention is filed.

So, the short answer you're probably looking for is "Both."

Regards.
Logged
--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.

LF

  • Senior Member
  • ****
  • Posts: 149
    • View Profile
Re: Patent or Intellectual Property?
« Reply #2 on: 03-07-07 at 06:50 am »

But will it be like the GPS guidance setup? That is, when you're opening the can it counts as a call? ;D
Logged
 



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 0.076 seconds with 17 queries.