Patent Express Logo
Contact us
Toll-free: (877)-794-9511
Ask a question
Ask a question
See Questions and Answers
See Questions and Answers
Discover more services
Discover more services
Search for Patent Questions:
 
All Questions in Is it Patentable? >> Not sure if this is Patentable...

Not sure if this is Patentable...

Posted by Anonymous . updated on 2/26/2009
Without giving away what exactly I want to patent.

I have an idea for using existing patented products to develop a product that is not being used in a specific function. It is not an obvious idea, nor one that the average person would do. I want to patent the idea. Would it be patenting the application of the idea or the use itself of the idea.

It is extremely difficult to describe what I am tryign to do. But I am questioning whether it is even patentable. I know I need to speek with a patent attorney, but I though I would get some feedback first.

thanks

dave
Answers (3)
 
JSonnab...
Dave -

The feedback you need, in my opinion, is that which an attorney can give you after some candid, initial discussions.  I provide these initial consultations for free, as do other participants on this BB, I believe.

Please feel free to call.

- Jeff
 
 
avi
hi dave,

if your new idea of using existing products is novel and non-obvious you should be able to ptent it.

there is a specific type of patent classification called improvement patent. your idea could either fall under that category, or be something like "a method of using ....  for the purpose of ......".

one thing you should know is that if your patent is based on other not-yet-expired patents you may need to get these patent owners' concent to market your invention or have some sort of a business agreement with them.

good luck,

avi
 
 
W
For an item to be patentable, it must be new, unique, and non-obvious. Additionally, you must satisfy any prior-art that comes up in your search.

We could get into the whole idea/implemtation argument again, so to keep things short, if you know what you want to patent (can describe it in a few paragraphs), contact a lawyer. Take JSonnabend or anyone else on this board up on their offers, I know them to be at the very least competant in their trade.

Regards,
-W ?
 
Related Questions
In Is it Patentable?    -  posted on 9/14/2007
If someone has something patented, could I make something something similar but different or is this infringement? I came up with an idea but found someone had patented a similar one 10 years ago. It's close...   Read MoreAnswer this question
In Is it Patentable?    -  posted on 4/22/2009
Hi, i would like to know it violates any patent law to use a name that has already been patent but not in the same exact way (different writing and it has word/ patent name /word?   Read MoreAnswer this question
In Is it Patentable?    -  posted on 4/23/2007
a person spots a tree in a field that is growing fruit in the dormant season and patents the tree. Is this legal?   Read MoreAnswer this question
In Is it Patentable?    -  posted on 3/16/2007
I have recently come across new bussiness Idea. It is for an entertainment services company. Can this be patented? Or is it just the bussiness structure that can be patented? This is a franchise I hope to st...   Read MoreAnswer this question
In Is it Patentable?    -  posted on 12/29/2004
My brother has the ''Edison gene'' with ideas abundant. Many are invention ideas that are surely not patentable. A generic patent may or may not work. Is there a history of nonpatentable ideas that were secu...   Read MoreAnswer this question
Previous question: attorney referal? >>
Why Patent Express?
  • Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
  • Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
  • Patent Express is backed by a 100% money back guarantee.
Save 95% more in register a trademark
Patent Express Services
 

PatentExpress.com is a website of Raj Abhyanker, a professional U.S. Patent Law firm, see: www.rajpatent.com for more. All non-do-it-yourself related services advertised on this site are supervised and managed by a U.S. patent attorney.

© PatentExpress.com All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions. 05-22-2012