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: patenting someone else idea  (Read 1379 times)

t25

  • Newbie
  • *
  • Posts: 1
    • View Profile
patenting someone else idea
« on: 10-30-08 at 11:39 pm »

Help with interpretation...
I got a fancy head cap. It is kind of piece of art. I purchased that in far country. I like to fabricate it and sell it in USA. There is no patent on it and I am sure no one patented that before. Can I patent it as my own, in regards to the Patent Office article below?
----------------------------------------------------

The applicant shall make oath that he believes himself to be the original and first inventor of the process, machine, manufacture, or composition of matter, or improvement thereof, for which he solicits a patent; and shall state of what country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer having an official seal and authorized to administer oaths in the foreign country in which the applicant may be, whose authority is proved by certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States. Such oath is valid if it complies with the laws of the state or country where made. When the application is made as provided in this title by a person other than the inventor, the oath may be so varied in form that it can be made by him. For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).
(Amended Aug. 27, 1982, Public Law 97-247, sec. 14(a), 96 Stat. 321; Oct. 21, 1998, Pub. L. 105-277, sec. 2222(d), 112 Stat. 2681-818.)
Logged

MYK

  • Lead Member
  • *****
  • Posts: 1168
    • View Profile
Re: patenting someone else idea
« Reply #1 on: 10-31-08 at 01:03 am »

No, you cannot get a patent on something you did not invent or design yourself.
Logged
Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Lightning50

  • Junior Member
  • **
  • Posts: 45
    • View Profile
Re: patenting someone else idea
« Reply #2 on: 10-31-08 at 12:25 pm »

I agree with MYK. However, the fact that you cannot get a patent on it does not preclude you from fabricating and selling it in the USA. You do not need a patent in order to sell a product.
Logged

Bikramjitsingh

  • Junior Member
  • **
  • Posts: 18
    • View Profile
    • Email
Re: patenting someone else idea
« Reply #3 on: 11-28-08 at 05:22 am »

Well, if you are very much sure that no prior art patent exist and you want to sell the product in the end...then do a business partnership with that guy, and sell it in US...

Though you cannot have a patent on it, in-fact no body can have patent in future too..
« Last Edit: 11-28-08 at 07:25 am by Bikramjitsingh »
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 7.077 seconds with 17 queries.