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Patent or Intellectual property
Posted by Anonymous . updated on 2/26/2009
I have an invention; part of it involves new "things" (these I know are patentable) but the rest of the invention takes existing technologies and both improves and combines them into a larger system. Do I patent that part or is that part intellectual property
for example: If I take a can opener and improve it a little then combine it with a cell phone, is that a patent or Intellectual property?
Answers (4)
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JimIvey
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Asked and answered over here. Regards.
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Isaac
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Quote I have an invention; part of it involves new "things" (these I know are patentable) but the rest of the invention takes existing technologies and both improves and combines them into a larger system. Do I patent that part or is that part intellectual property
Since patents are a form of intellectual property, your question is a bit like asking whether some animal is a human or a mammal. If the animal turns out to be a human, it is of course also a mammal.
Not sure what definition of "intellectual property" you are using, but one definition might include only creations that are protectable in some form such as patent, copyright law, trademark, trade secret, or other scheme not necessarily involving fisticufs (for example like boat hull protection)
In any case, your question is ultimately unanswerable in any meaningful nontautological way. Improving a can opener "a little" might involve making patentable or unpatentable changes. If the changes are not patentable, they may be exploitable as trade secrets or not exploitable as a secret and perhaps unprotecatble by any of the forms of intellectual property.
Or alternatively we can define intellectual property to be the result of any creative mental activity, and thus agree that your can opener and cell phone combo is at least unprotectable intellectual property.
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betamat...
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After Reading the responses to my question I realized that I probably need to refine my question (you'll have to forgive me this is all new to me so be paitent). If you are taking existing items or systems and combining them into a new system (way of doing something) is that patentable? Provided that the new system is novel and non-obvious?! I was under the impression that Intellectual property was like a patent for ideas. I know you can patent a "cog" for example but I thought I.P. was a way to protect using an existing "cog" in a new or novel way or as part of a system or process. Do I have that correct?  Mahalo Matt
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Isaac
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Quote After Reading the responses to my question I realized that I probably need to refine my question (you'll have to forgive me this is all new to me so be paitent).
? ? If you are taking existing items or systems and combining them into a new system (way of doing something) is that patentable? Provided that the new system is novel and non-obvious?!
Yes.
Take a look at the USPTO's take on patents and intellectual property.
http://www.uspto.gov/web/offices/pac/doc/general/index.html#ptsc
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