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Old 04-18-2010, 07:50 PM  
Fat Elvis Fat Elvis is offline
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Any patent lawyers on the board?

I've googled it, but I haven't found a definitive answer; can you patent a method or a process?
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Old 04-18-2010, 07:51 PM   #2
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Yes.

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Old 04-18-2010, 08:02 PM   #3
ClevelandBronco ClevelandBronco is offline
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I'm going to have to disagree with Mr. FAX on this. Unless you have a special piece of software or hardware that's a key to the process, my understanding is that you cannot be protected by patent.

For instance, if you come up with a new way to milk a goat using only a screwdriver, good for you, but anyone can do it since screwdrivers exist, goats exist and getting milk from them is already done.
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Old 04-18-2010, 08:03 PM   #4
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Old 04-18-2010, 08:04 PM   #5
Baconeater Baconeater is offline
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Yes, please share your idea with me.
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Old 04-18-2010, 08:05 PM   #6
Ari Chi3fs Ari Chi3fs is offline
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Old 04-18-2010, 08:09 PM   #7
FAX FAX is offline
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Quote:
Originally Posted by ClevelandBronco View Post
I'm going to have to disagree with Mr. FAX on this. Unless you have a special piece of software or hardware that's a key to the process, my understanding is that you cannot be protected by patent.

For instance, if you come up with a new way to milk a goat using only a screwdriver, good for you, but anyone can do it since screwdrivers exist, goats exist and getting milk from them is already done.
I'm going to have to disagree with your disagreement, Mr. ClevelandBronco. I was one of the founders of a company that acquired a process patent. I remember it well because it cost us a bloody fortune. In our case, it was a video production process that utilized existing technologies (hardware and software). The process, however, was deemed sufficiently unique that the patent was awarded.

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Old 04-18-2010, 08:12 PM   #8
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Originally Posted by FAX View Post
I'm going to have to disagree with your disagreement, Mr. ClevelandBronco. I was one of the founders of a company that acquired a process patent. I remember it well because it cost us a bloody fortune. In our case, it was a video production process that utilized existing technologies (hardware and software). The process, however, was deemed sufficiently unique that the patent was awarded.

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I bow to your experience.
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Old 04-18-2010, 08:13 PM   #9
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I bow to your experience.
And I bow to your bowing.

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Old 04-18-2010, 08:15 PM   #10
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Originally Posted by Ari Chi3fs View Post
No.


Yes.
Maybe.
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Old 04-18-2010, 08:17 PM   #11
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And I bow to your bowing.

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Old 04-18-2010, 08:20 PM   #12
Fat Elvis Fat Elvis is offline
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Quote:
Originally Posted by FAX View Post
I'm going to have to disagree with your disagreement, Mr. ClevelandBronco. I was one of the founders of a company that acquired a process patent. I remember it well because it cost us a bloody fortune. In our case, it was a video production process that utilized existing technologies (hardware and software). The process, however, was deemed sufficiently unique that the patent was awarded.

FAX
Mr. Fax, you may well be my new BFF. The particular process that I am thinking about patenting utilizes existing hardware and software, but my method utilizes it in a field that is completely unrelated to what it was originally intended, and it is unique within the field that I would apply the process.
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Old 04-18-2010, 08:26 PM   #13
FAX FAX is offline
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Quote:
Originally Posted by Fat Elvis View Post
Mr. Fax, you may well be my new BFF. The particular process that I am thinking about patenting utilizes existing hardware and software, but my method utilizes it in a field that is completely unrelated to what it was originally intended, and it is unique within the field that I would apply the process.
As I mentioned, Mr. Fat Elvis, ours was a "process" that utilized existing technologies. Heck, as far as I know, other people were using the same "process" that we patented ... we just filed the patent in order to create value in the company. And, because no one else had taken the time or initiative to file previously, we go it through. It cost a lot of money, though ... not sure it was worth it in the end.

So far as I am aware, the process must be unique and withstand a search ... the search is the most expensive part, as I recall. What am I saying? Every part was expensive.

As for the "field" in which the process would be applied, I'm not certain you could patent that part. In other words, it's the unique process itself that can be patented ... not the application. Then again, I'm not a patent attorney so please seek professional guidance.

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Old 04-18-2010, 08:41 PM   #14
Amnorix Amnorix is offline
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You can definitely patent a particular process. I agree with Fax that I'm concerned about trying to patent a process just for use in a previously unexploited field. My understanding, like his, is that the process itself should be unique, not it's application. But though I'm an attorney I'm not a patent attorney, which is a highly specialized field.

And, as Fax also said, getting a patent is not an inexpensive process.

And I think Fax also said something about you seeking professional guidance. That is definitely the right idea as well.

So, in short, I could've just posted his response and replied "This", but I figured I should type alot more words to achieve teh same result instead.
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Old 04-18-2010, 08:42 PM   #15
Baconeater Baconeater is offline
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Quote:
Originally Posted by Amnorix View Post
You can definitely patent a particular process. I agree with Fax that I'm concerned about trying to patent a process just for use in a previously unexploited field. My understanding, like his, is that the process itself should be unique, not it's application. But though I'm an attorney I'm not a patent attorney, which is a highly specialized field.

And, as Fax also said, getting a patent is not an inexpensive process.

And I think Fax also said something about you seeking professional guidance. That is definitely the right idea as well.

So, in short, I could've just posted his response and replied "This", but I figured I should type alot more words to achieve teh same result instead.
This.
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