Question about Patents

V

vanzandt

Have any of you ever applied for a patent?
Quick question. Say you have something that is really easy to make but has never been manufactured and sold that way because up until now there was not a great need for it. But now there is. Can it be patented? There is nothing new being invented... its using an existing material to construct something that is already very common.

I'm trying to think of an example that would illustrate my point.

OK... this is obviously not it... but lets just say "the heels of a shoe". And say... (remember I'm just making this up here... ie Lawernce Lugar... stfu already and don't even chime in)....
.....you are some orthopedic surgeon and you have figured out that constructing shoe heels out of a certain hardened foam that is used in industry for other purposes.... eliminates lower back pain in millions of subjects. Could that be patented? You don't own the shoes, and you don't own the patents on the material... say 3M does.... but your application of that material to be used as a shoe heel is new and original. Would that be eligible for a patent?
 
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vanzandt said:
your application of that material to be used as a shoe heel is new and original

Would that be eligible for a patent?
More...

You can't Patent a creative/different idea, only the unique Process.

Another way to view your inquiry...would be...to imagine Rubber on shoe Soles. -- Do you see Rubber only on one exclusive shoe brand?
No, you don't...Rubber exists virtually on every shoe brand.

Kind of like Chocolate Chip cookies. (when they were initially created/invented) -- you can't Patent that creative idea.
Alot of people, and companies, are allowed to make and sell chocolate chip cookies.

When you think of Patents...think of Scientists and Inventors...inventing. something new and Useful/profitable. that's currently exclusive and requires ingenuity, o_O`

But more importantly, it's 2018...High-Five`
 
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Perhaps starting from an internet search for some relevant patents of interest would probably provide a realistic concept/approach.

Just 2 cents from a layman. lol
 
lawrence-lugar said:
You can't Patent a creative/different idea, only the unique Process.

Another way to view your inquiry...would be...to imagine Rubber on shoe Soles. -- Do you see Rubber only on one exclusive shoe brand?
No, you don't...Rubber exists virtually on every shoe brand.

Kind of like Chocolate Chip cookies. (when they were initially created/invented) -- you can't Patent that creative idea.
Alot of people, and companies, are allowed to make and sell chocolate chip cookies.

When you think of Patents...think of Scientists and Inventors...inventing. something new and Useful/profitable. that's currently exclusive and requires ingenuity, o_O`

But more importantly, it's 2018...High-Five`
More...
Are brooms and candlesticks new?
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BREAKING DOWN 'Utility Patent'

Utility patents are issued by the U.S. Patent and Trademark Office (USPTO) and last for up to 20 years. However, the patent holder may have to pay maintenance fees over that time period.

Utility patents, the most common type issued by the USPTO, apply to a broad range of inventions, including:

Machines (e.g. something composed of moving parts, such as stereos or computers)
Articles of manufacture (e.g. brooms, candleholders)
Processes (e.g. business processes, software)
Compositions of matter (e.g. pharmaceuticals)

A product protected by a utility patent may also obtain a design patent, which safeguards its unique visual elements. To get a utility patent, however, the invention must be useful and serve some practical purpose, not just decoration.

OddTrader said:
Perhaps starting from an internet search for some relevant patents of interest would probably provide a realistic concept/approach.

Just 2 cents from a layman. lol
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I did, there's nothing.
 
I’m not a patent lawyer and from my understanding as part of your patent app, you would reference other patents of ‘similar art.’
Generally that search reveals original ideas as not so original.

It’s also pretty fascinating researching patents.

Back in the day when I was researching fuel efficiency, I came across multiple patents for high mileage carburetor’s. The story goes the US installed them in our tanks for the desert warfare against Rommel during WWII. These carburetor’s enabled ~ 50mpg. After the war, all of these carburetor’s were decommissioned, destroyed or warehoused. Interesting anecdote!
If I remember correctly it was in a book called ‘hunt for zeropoint’

Back to filing for a patent. Regardless of it’s economic potential, having a patent gives you some bragging rights!
 
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Sprout said:
Back to filing for a patent. Regardless of it’s economic potential, having a patent gives you some bragging rights!
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I agree lol. :D
I always thought it would be a great line when meeting women.
"What do you do"?
"I live off my patent royalties".
And you're right about it being fascinating. Some of the dumbest things have been patented. This guy got a patent on a magnetic guitar pick holder that sticks on the front of a guitar. So much for Lugar's theory about creative ideas not cutting it.
https://patents.google.com/patent/US6933430
One guy on Shark Tank had a patent for, and snagged a Shark for funding... for a damn towel that sits between the front seats of a car and the console to catch things that drop. How silly is that?
 
1. You might be able to get a patent, but that doesn't mean if it is a rather simple thing competitors can not alter the product just enough that they go around your patent protection.

2. There are companies that help you with inventions and questions like this, they even advertise on TV. I forgot their name, I think Foreman is in it?

I think this was it:

https://inventhelp.com
 
Much, much better find and talk to local inventors group with other inventors, in order to avoid pitfalls . imo

Library should have good books relevant.
 
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FWIW I got a patent (et al) when I worked for the Navy. It took years to get it. I had forgotten about it until I was contacted by a company selling patent plaques with your name and the patent description engraved (You get nothing from the Patent Office, at least, I didn't get anything. But I am in the searchable database of patents.)

I didn't have to do anything to apply, except a detailed writeup. A patent attorney did everything. I think I got $200 as a reward. And of course, the patent was the gov'ments property.
 
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