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#1
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Patent mechanical concept, not design specificationsWhat is the name of your state (only U.S. law)? New Mexico Need to know if possible to patent just the concept of a mechanical device without actually providing design specifications. Where can I find the statutory information regarding this question? Thanx... |
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#2
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For instance, I could try to patent the idea of, say, anti gravity. But if I don't know how to do it, how to go about doing it or without a device spec showing HOW I want to do it, I will have a seriously uphill battle.
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#3
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| No. Part of the requirements to obtain a patent is to disclose the "best mode" of operation, the best way that you know to actually make or practice the invention. You need to disclose enough information so that "one of ordinary skill in the art" would be able to practice your invention without "undue experimentation." See 35 U.S.C. 112 for the statutory basis, 37 C.F.R. 1.71 and 1.81 for the regulatory basis, and you might want to read section 608 of the Manual of Patent Examining Procedure for more insight on what is required to obtain a patent. |
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#4
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| You may want to think about filing a provisional patent if you do not have all the best practices formalized. A provisional patent application allows filing without any formal patent claims, oath or declaration, or any information disclosure (prior art) statement (1). It provides the means to establish an early effective filing date in a non-provisional patent application (2). It also allows the term "Patent Pending" to be applied. According to some schools of inventing a provisional patent application is a low-cost alternative or a preliminary step before filing for a non-provisional patent that gives one additional year of protection or grace - maybe enough time to test market your invention before investing in the cost of a regular patent. There are advantages and disadvantages to a provisional patent application - learn about them before making your decision. A provisional patent application should always be as complete as possible as compared to a non-provisional patent application, however, you will not need to file any claims. |
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