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Author Topic: Addressing a specific industry?  (Read 1490 times)

ntm

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Addressing a specific industry?
« on: 09-02-08 at 09:53 pm »

Can someone obtain a patent for a process that is already out there (probably patented ), only that the new one would address a specific industry?

Let's say that the existing process is referring to overlaying images. The principle being the same, but the new one is only concerning images containing cars, would this be patentable?

Thanks,
NTM
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Wiscagent

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Re: Addressing a specific industry?
« Reply #1 on: 09-02-08 at 10:48 pm »

"would this be patentable?"

Probably not.

It would depend on the details; but the challenge would be to convince the patent office that the invention is not obvious.
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Richard Tanzer
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ntm

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Re: Addressing a specific industry?
« Reply #2 on: 09-03-08 at 07:50 pm »

Other opinions?

Should I ask an agent or a lawyer? What's the difference between them?
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Wiscagent

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Re: Addressing a specific industry?
« Reply #3 on: 09-03-08 at 09:11 pm »

For the purpose of applying for a patent and related tasks that involve the USPTO, a patent agent and a patent attorney are equivalent.

For just about any other legal work, then you need an attorney; examples: trademark or copyright work; writing a contract; reviewing a contract; suing someone, being sued, and so forth.
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Richard Tanzer
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JimIvey

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Re: Addressing a specific industry?
« Reply #4 on: 09-04-08 at 12:52 pm »

Just to concur with Richard's answer, your challenge would be to show that, while images containing cars can be overlaid and such is known, there's something technologically different about images of boats such that overlaying images of boats using the overlaying techniques applied to images of cars would be non-trivial.

I won't tell you it can't be done (unless it really can't).  I'd just ask you what your best argument is that the difference is not trivial.  Then, I'd try to give you an assessment of how difficult it might be to get a patent covering that.

"Difficulty" tends to translate into expense and low likelihood of success.  Whether it's worthwhile to give it a shot is a business decision, not a legal one.

Regards.
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James D. Ivey
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