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[still_studying]

In the kitchen the other night, I had trouble opening a 2L bottle (Dr. Pepper puts those caps on tight, and the extremely high gas pressure inside doesn't help), and tried using (some random kitchen widget) as a gripper.

That sort of tool has been done many times before;  any attempt to patent would quite rightly get a 102 rejection, or at best a valid 103 rejection.

However, the particular widget I used is very well-suited to have such a feature incorporated, but doesn't.  Yet.

Is there any way to protect the idea before pitching it to the company that makes that widget, or should I just drop them a note and ask for a free one if they use the idea?  

[MrSnuggles]

You may consider filing a provisional application.  It has reduced costs and requirements.  Also, because usually no search is performed and a generic or omnibus claim is the only claim included, having a firm draft one is pretty inexpensive (as far as patent drafting goes).  A basic application that you're describing would probably run between $1k and 2k including filing fees.

You could also draft and file it yourself pro se.

Either way, you will establish your priority date and then you can discuss the idea with that as a trading card in your pocket.

[TataBoxInhibitor]

Make sure you read the posts around here regarding provisionals and do some research.  There are pros and cons of filing a provisional, with the latter outweighing the former.

regards,

[MrSnuggles]

Hi Tata,

I'm just curious what negatives are associated with PPAs?  Most of my clients prefer not to file them, but mostly due to strategic considerations (inventors may not be around in the next 12 months to file the NPA; costs may be higher filing both apps; etc)

Thanks in advance

[biopico]

In biotech area, PPAs are customary.

[still_studying]

I did note that it's a "trivial" modification.  A patent application, provisional or non, would be pointless, since the basic tool is already well-known in the field.  It's just a question of suggesting that one company make a minor change to their injection molds for future runs.

Picture trying to patent a set of measuring cups with holes in the handles so that they can go on a hook, just to pitch it to one manufacturer which forgot (or chose not) to put the holes in.  

[biopico]

Well, it is a good thought though.  

[JimIvey]

I did note that it's a "trivial" modification.

Trivial in how to do it?  Or trivial in why do it?

For example, one might argue that it's trivial to put a bottle open in the sole of a shoe.  But I'd submit  that it's not obvious to do that.  For example, it would probably make the shoe uncomfortable and I haven't heard of anyone thinking about any sort of culinary aparatus on the soles of their feet.  

Incidentally, that product is not recommended for wearing to the doggie park.

The problem with the holes in the handles of measuring cups for hook-hanging isn't that it's obvious; the problem is that it was non-obvious several hundred years ago, if ever.  It's probable that putting an eraser on the end of a pencil was non-obvious at some time, even if how to accomplish that was trivial.

Regards.

[still_studying]

Trivial in how to do it?  Or trivial in why do it?

In my little wish-list gadget mod, both, unfortunately.  But good point.

I haven't heard of anyone thinking about any sort of culinary aparatus on the soles of their feet.

The French have been doing it for bloody centuries in the wine industry.  Haven't you ever heard of Chat-Eau Le Feet?  

The problem with the holes in the handles of measuring cups for hook-hanging isn't that it's obvious; the problem is that it was non-obvious several hundred years ago, if ever.

Likewise with this gadget, unfortunately.  This particular product is unique in its design, and is patented, and because of its unique design it is well-suited to having a gripper added.  However, such bottle-opening grippers are both well-known in the art and, more specifically, well-known in the art for this general type of gadget.  Oh well.