divgradcurl
Senior Member
One thing BB and I will continue to disagree on apparently is MY GENDER. I know that my wife is convinced that I am not a she...
KDP:
Whether or not an invention is patentable is depended on a number of things:
1. Is it patentable subject matter (35 USC 101)?
2. Is it novel -- has it been described or invented before? Has it been described in written form ANYWHERE in the ENTIRE world more than a year ago (35 USC 102)?
3. Is it inobvious -- that is, would someone "skilled in the art" see it as an obvious improvement over existing inventions (35 USC 103)?
4. Is it anticipated -- that is, would someone "skilled in the art" be compelled to combine existing technology in the way your described (35 USC 102(a), (b) and (e), MPEP section 2131)?
5. Is there interference -- that is, is someone else claiming to have invented the same thing at roughly the same time, and filed for a patent at roughly the same time?
These are the types of questions that need to be answered in order to determine if something can obtain a patent or not. Even with more information, this is simply NOT something that can be done by quickly reviewing a post or an email.
If you believe in your idea, go see an agent or attorney. An agent will likely be cheaper than an attorney, and can provide the same services (at least with respect to obtaining a patent or determining patentability).
KDP:
Great. Now the next step, as you've been told, is to take it to a patent agent or patent attorney registered to practice before the USPTO and have them determine whether or not it is worth filing a patent on.
Whether or not an invention is patentable is depended on a number of things:
1. Is it patentable subject matter (35 USC 101)?
2. Is it novel -- has it been described or invented before? Has it been described in written form ANYWHERE in the ENTIRE world more than a year ago (35 USC 102)?
3. Is it inobvious -- that is, would someone "skilled in the art" see it as an obvious improvement over existing inventions (35 USC 103)?
4. Is it anticipated -- that is, would someone "skilled in the art" be compelled to combine existing technology in the way your described (35 USC 102(a), (b) and (e), MPEP section 2131)?
5. Is there interference -- that is, is someone else claiming to have invented the same thing at roughly the same time, and filed for a patent at roughly the same time?
These are the types of questions that need to be answered in order to determine if something can obtain a patent or not. Even with more information, this is simply NOT something that can be done by quickly reviewing a post or an email.
If you believe in your idea, go see an agent or attorney. An agent will likely be cheaper than an attorney, and can provide the same services (at least with respect to obtaining a patent or determining patentability).