Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > INTELLECTUAL PROPERTY & INTERNET LAW > Patents

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-14-2009, 09:50 PM
Junior Member
 
Join Date: Feb 2009
Posts: 1

Patent mechanical concept, not design specifications


What 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...
  #2  
Old 02-14-2009, 10:30 PM
Senior Member
 
Join Date: Sep 2008
Posts: 3,763
Quote:
Originally Posted by InventMe View Post
What 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...
How general is your concept?

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.
__________________
Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #3  
Old 02-15-2009, 04:18 AM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,513
Quote:
Originally Posted by InventMe View Post
What 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...
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.
  #4  
Old 02-25-2009, 01:26 PM
Junior Member
 
Join Date: Feb 2009
Posts: 5
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.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:26 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.