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Author Topic: Not sure if this is Patentable...  (Read 1263 times)

Dave F.

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Not sure if this is Patentable...
« on: 09-17-04 at 07:51 am »

Without giving away what exactly I want to patent.

I have an idea for using existing patented products to develop a product that is not being used in a specific function. It is not an obvious idea, nor one that the average person would do. I want to patent the idea. Would it be patenting the application of the idea or the use itself of the idea.

It is extremely difficult to describe what I am tryign to do. But I am questioning whether it is even patentable. I know I need to speek with a patent attorney, but I though I would get some feedback first.

thanks

dave
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JSonnabend

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Re: Not sure if this is Patentable...
« Reply #1 on: 09-17-04 at 11:24 am »

Dave -

The feedback you need, in my opinion, is that which an attorney can give you after some candid, initial discussions.  I provide these initial consultations for free, as do other participants on this BB, I believe.

Please feel free to call.

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

avi

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Re: Not sure if this is Patentable...
« Reply #2 on: 09-17-04 at 12:58 pm »


hi dave,

if your new idea of using existing products is novel and non-obvious you should be able to ptent it.

there is a specific type of patent classification called improvement patent. your idea could either fall under that category, or be something like "a method of using ....  for the purpose of ......".

one thing you should know is that if your patent is based on other not-yet-expired patents you may need to get these patent owners' concent to market your invention or have some sort of a business agreement with them.

good luck,

avi
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W

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Re: Not sure if this is Patentable...
« Reply #3 on: 09-17-04 at 06:02 pm »

Hi Dave,

For an item to be patentable, it must be new, unique, and non-obvious. Additionally, you must satisfy any prior-art that comes up in your search.

We could get into the whole idea/implemtation argument again, so to keep things short, if you know what you want to patent (can describe it in a few paragraphs), contact a lawyer. Take JSonnabend or anyone else on this board up on their offers, I know them to be at the very least competant in their trade.

Regards,
-W  
« Last Edit: 09-17-04 at 06:02 pm by W »
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