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Protect Non-Patentable Computer Design Idea
Posted by . updated on 7/9/1999
I have an idea for a new computer. I would like to intoroduce this idea to inustry with hopes of finding a company to buy, build or finance it. Keeping in mind that I am fairly sure that, being a new design of an existing product, this is not patentable... How can I protect myself from someone producing this for their own profit? I know a Non-Disclosure Agreement can only go so far. This is an inevitable design improvement, and if I do not act soon, I will miss my opportunity. What can I do?
Answers (3)
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Garry H...
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What makes you think it isn't patentable? Because it's so obvious? If so, why isn't it out there already? Get a prelim. patent in advance and then shop it around.
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Bruce B...
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New designs of existing computers are not precluded from being patentable. They may be patentable if not obvious to one of ordinary skill in the art of computer design. See me or any other patent attorney competent in the computer arts for advice. Without a pending or issued patent, you will not get far in trying to interest any company. If the device is inevitable, then you may have a patent that is inevitably going to be infringed. That is what made the late Jerome Llemelson a mutlimillionaire on his bar coding patents. See my website at www.burdlaw.com for more information. I am the one you should be talking to on this.
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PATRICK...
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In general most improvements to existing products can be patented subject to the normal requirements of novelty, utility and non-obviousness. In my experience, usually some type of patent application must be file either before the venture capital market or potential licensees will talk to you regarding your product. Any and all negotiations that you have with anyone must be covered by some type of non-disclosure agreement. One type of filing that could be made for a nominal fee would be a provisional patent application for a nominal filing fee of $75.00 plus the attorneys fees. As an independent small inventor you could file a provisional application with the USPTO to give preliminary protection. The application consists of a disclosure and coversheet and preliminary drawings if needed. Contact a patent attorney in your area for further discussions. Good Luck.
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