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-   -   OT "Patents" (http://www.photobanter.com/showthread.php?t=22882)

Gregory Blank December 16th 04 07:46 PM

OT "Patents"
 
Can one patent an idea without having a prototype
or a specific method for producing the idea as
a manifest item. I have a great idea probably worth
millions but I don't know electronics or phone
technology.

--
LF Website @ http://members.verizon.net/~gregoryblank

"To announce that there must be no criticism of the President,
or that we are to stand by the President, right or wrong,
is not only unpatriotic and servile, but is morally treasonable
to the American public."--Theodore Roosevelt, May 7, 1918

Tom Phillips December 16th 04 08:12 PM



Gregory Blank wrote:

Can one patent an idea without having a prototype
or a specific method for producing the idea as
a manifest item. I have a great idea probably worth
millions but I don't know electronics or phone
technology.


I think you have to provide specifics when you
apply for a patent. IOW I don't think you can
say "a new method of telephone communication is
my idea" but not have a basic adaptation, i.e.,
an invention of some sort.


--
LF Website @ http://members.verizon.net/~gregoryblank

"To announce that there must be no criticism of the President,
or that we are to stand by the President, right or wrong,
is not only unpatriotic and servile, but is morally treasonable
to the American public."--Theodore Roosevelt, May 7, 1918


Tom Phillips December 16th 04 08:12 PM



Gregory Blank wrote:

Can one patent an idea without having a prototype
or a specific method for producing the idea as
a manifest item. I have a great idea probably worth
millions but I don't know electronics or phone
technology.


I think you have to provide specifics when you
apply for a patent. IOW I don't think you can
say "a new method of telephone communication is
my idea" but not have a basic adaptation, i.e.,
an invention of some sort.


--
LF Website @ http://members.verizon.net/~gregoryblank

"To announce that there must be no criticism of the President,
or that we are to stand by the President, right or wrong,
is not only unpatriotic and servile, but is morally treasonable
to the American public."--Theodore Roosevelt, May 7, 1918


Anna Nimotti December 16th 04 11:06 PM

Gregory Blank wrote:

Can one patent an idea without having a prototype
or a specific method for producing the idea as
a manifest item. I have a great idea probably worth
millions but I don't know electronics or phone
technology.


You need advice from a patent agent.

Depending on your jurisdiction, you can probably file a patent
application without having built a prototype, but you will have to, in
due course, supply evidence that a working example of your invention has
existed somewhere, sometime. It is quite acceptable to hire skilled
persons to build a prototype for you without compromising on your
inventorship rights so long as they are following your instructions and
using their own pre-existing skills (the "prior art").

Whatever you do, do not disclose your invention to anyone until you have
taken advice form a patent agent/attorney.

--
a n n @ n i m o t t i . p o r t 5 . c o m

Anna Nimotti December 16th 04 11:06 PM

Gregory Blank wrote:

Can one patent an idea without having a prototype
or a specific method for producing the idea as
a manifest item. I have a great idea probably worth
millions but I don't know electronics or phone
technology.


You need advice from a patent agent.

Depending on your jurisdiction, you can probably file a patent
application without having built a prototype, but you will have to, in
due course, supply evidence that a working example of your invention has
existed somewhere, sometime. It is quite acceptable to hire skilled
persons to build a prototype for you without compromising on your
inventorship rights so long as they are following your instructions and
using their own pre-existing skills (the "prior art").

Whatever you do, do not disclose your invention to anyone until you have
taken advice form a patent agent/attorney.

--
a n n @ n i m o t t i . p o r t 5 . c o m

[email protected] December 17th 04 01:28 AM

Just tell it to me. I'll be sure you get credit.


[email protected] December 17th 04 01:28 AM

Just tell it to me. I'll be sure you get credit.


David Nebenzahl December 17th 04 04:55 AM

On 12/16/2004 11:46 AM Gregory Blank spake thus:

Can one patent an idea without having a prototype
or a specific method for producing the idea as
a manifest item. I have a great idea probably worth
millions but I don't know electronics or phone
technology.


You've already said too much. As we speak--OK, as I type--the minions at
Nebenzahl Laboratories, GmbH are working overtime to beat you to the patent
office.


--
Need new sig


[email protected] December 17th 04 06:07 PM

In the United States there is generally no requirement for a working
prototype in order to receive a patent on an invention. The law
(35USC112 paragraph 1) does require that the invention be enabled:

"The specification shall contain a written description of the
invention, and of the manner and process of making and using it, in
such full, clear, concise, and exact terms as to enable any person
skilled in the art to which it pertains, or with which it is most
nearly connected, to make and use the same, and shall set forth the
best mode contemplated by the inventor of carrying out his invention."

In other words, a naked idea is not patentable. It must be a fully
dressed invention.

Richard Tanzer
patent agent


[email protected] December 17th 04 06:07 PM

In the United States there is generally no requirement for a working
prototype in order to receive a patent on an invention. The law
(35USC112 paragraph 1) does require that the invention be enabled:

"The specification shall contain a written description of the
invention, and of the manner and process of making and using it, in
such full, clear, concise, and exact terms as to enable any person
skilled in the art to which it pertains, or with which it is most
nearly connected, to make and use the same, and shall set forth the
best mode contemplated by the inventor of carrying out his invention."

In other words, a naked idea is not patentable. It must be a fully
dressed invention.

Richard Tanzer
patent agent



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