Use Patent??

[KDP]

What is the name of your state? Florida

I have a question.

I have developed a unique way of removing small dents and doordings from cars.

There are many views and methods of procedure (PDR - Paintless Dent Removal), but I have developed a, what I would consider, unique procedure based on science and physics.

I have done some homework and have found definitions, or names, for the forces, or pressures held within a dented vehicle panel. Two of these forces are: Surface Tension and Spring Potential Energy.

Question(s):

Is there a way for me to file a patent for my particular process?

Is there a way to file a "Use Patent" for the "right" to teach my Process, PIRP (Pressure Identification and Release Process)?

I may have left out some important details for a concise reply, but I do not know where to start for this question, so I started here!

 

[BelizeBreeze]

He's Baaaaack!

Ok, since the other members of the firm are out to lunch I'll give you a start.

Is there a way for me to file a patent for my particular process?

You can file a provisional patent on the process for about $100 or up to $1,000 or more depending on if you use an attorney or not. This will protect your 'process' for one year. However, if your 'process' is not unique or different than any other process out there, the PP is worthless.

Also, if this is simply a technique then it is not patentable.

Your best bet is to speak with a patent attorney about the specifics of the process before spending time and money.

 

[KDP]

He's Baaaaack!

... However, if your 'process' is not unique or different than any other process out there, the PP is worthless.

Also, if this is simply a technique then it is not patentable....

______________________________________

.... So... You missed me, eh?!!

Another question(s):

What would be the definition of "technique"?

How would I go about "proving" my process is "unique or differrent"?

Thanks BB!!

P.S. You guys are great!!

 

[BelizeBreeze]

O.K. quit sucking up. You've made your point.

I'll give you an example. I have four provisionals right now. All for ASP model software (application service provider). Although I use other software in each process, the use of the ASP model and the code used to integrate the 'other' software is what makes this 'model' unique.

HOWEVER, since code can be stolen, figured out or otherwise designed differently, I know that within six months to a year someone will come along and design a different model using the same process.

That will make my provisional useless. However, it does protect the process for the initial filing of 1 year since anyone who wants to steal it has to contend with my attorneys.

However, in your case, simply using a 'different' technique to do the same process isn't patentable. After all, there are only so many ways to unding a ding or undong a dong.

 

[KDP]

I wasn't sucking up, either. I really do enjoy legal issues and it is "risible" to see the Parrallels in my field and yours as related to forum discussion.

Now, as I have stated, I am a trainer, as well. I have, also, developed a way of disseminating PDR skills to students based on varying levels of shades of colors of Yellow and black. This "dissemination process" is unique and is also an element of PIRP.

In actuality, PIRP is not just a process of PDR, it is also a "Process of teaching PDR", all in one package.

PIRP is customized to accommodate the use of one of the reflective processes in PDR, known as "fogboard".

This could get lengthy and I will try to cut to the chase.

If PIRP contains both "processes", can it be deemed "unique" and, therefore, Patentable?

Thanks!

 

[BelizeBreeze]

Based solely on your brief explanation of the combination of the two processes, you should have no trouble getting a provisional. However, I doubt seriously if you would be granted a full patent.

 

[KDP]

Maybe,then I should take your first order of advise:

See a patent atty.

It's just that I do not make "oodles" of dough and I certainly do not spend all my time "on the beach" , so I just wanted to see waht could be done, if anything could be done.

Thanks BB!!

Does anyone else have some input??.... Maybe from a laptop from the beach??

 

[divgradcurl]

I agree with the advice to talk with a patent agent or patent attorney.

However, just to clear up a couple of things:

1. All it takes to get a provisional is a description of the invention. Provisionals aren't "granted" -- they are automatic as long as the requirements for a provisional are met. Provisionals have absolutely nothing to do with whether or not the invention is actually patentable.

2. Provisionals do NOT protect an invention. The ONLY thing provisionals do is establish a "priority date" -- since the U.S. uses a "first to invent" system rather than a "first to file" system, a provisional can help establish a date that can be used to help defeat someone who invented and filed after your provisional but BEFORE you filed your nonprovisional.

3. "Techniques" CAN be patentable -- business method patents are basically techniques.

As far as your particular invention is concerned, whether or not it is patentable will depend on a review of all of the facts. It's hard to say from your descriptions whether or not you have patentable subject matter or not. One problem with basing a patent on another invention is that, even if you are issued a patent on your invention, if the underlying technology is still patented, you won't be able to "practice" your invention without infringing on the other patent.

 

[BelizeBreeze]

Provisionals do NOT protect an invention.

I was wondering how long it would take you to find this one.

Not protected? I agree that the PATENT OFFICE doesn't protect the provisional. But let someone try to take my underlying technology and my worthless 'provisional' (and patent attorney) will bite them in the ass and not even leave their boxers

 

[KDP]

Interesting!!

 

[divgradcurl]

But let someone try to take my underlying technology and my worthless 'provisional' (and patent attorney) will bite them in the ass and not even leave their boxers

On what grounds? A provisional grants no rights of its own, it only sets up a date -- and even THAT date may be invalid if the later nonprovisional cites material that wasn't in the provisional. Anything not disclosed in the provisional gets the nonprovisional filing date as its priority date.

The one who files the provisional is presumed to have invented on the date that provisional was filed -- but if another can prove an earlier invention date, then the provisional provides no protection, and it becomes a "swearing-back" match between the two parties...

I guess you could use it to bully someone who didn't know any better, but that's about it.

 

[BelizeBreeze]

I guess you could use it to bully someone who didn't know any better, but that's about it.

And that in and of itself keeps me in business

 

[KDP]

BB,

Why did you wait??

Is it not the intention on a forum to answer the question, properly and suscinctly, the first time???

Now... I really do see the parrellel in the two forums (https://forum.freeadvice.com and www.doording.com)

Does anyone else have any higher intensities of light to shed on this dillemma??

I do feel that my process and method of teaching is "most definitely" unique and "should" have some weight, here!

If anyone needs more details, then please ask!!

But it may be more "appropriate to ask in the form of an email, due to the fact that at least 1000 people in my industry now have the link to this site"!

KDP

 

[BelizeBreeze]

Is it not the intention on a forum to answer the question, properly and suscinctly, the first time???

Yes, you would be right. But it's also the purpose, at least of this forum, to give correct information. That's why, throughout my post and leading you through the process of the provisional (and it should be filed regardless) I told you to sit down with a patent attorney.

Neither diva nor I can give you a clear opinion based on words on a computer screen. Simply because we don't have the technical facts surrounding the patentable idea.

And although she and I will continue to disagree, (hugs kisses) the one point we DO agree on is you need to seriously consider paying the few hundred to get an in-person opinion.

Remember, I have enough money to fight something like this until the day I die. Few people do. So get help.

 

[KDP]

And I thank you dearly!

I am a man of "direct intention"!

It may be a blessing..... It may be a catastrophe.

Please, do not take my "text" as a condescending viewpoint.

I do have a "couple" extra bucks to put forth to something I have developed over 9 years and has translated into success story after success story with my methods of teaching.

Please accept my thanks for all the opinions, here and I will look forward to many more, however, I am a bit confused by this statement:

"Remember, I have enough money to fight something like this until the day I die. Few people do. So get help."

???

Shall I feel in the least bit "impotent" here, on this board, because I may not have a "bottomless pocket"?

???