🚀 go-pugleaf

In reply to sparks@corpane.UUCP (John Sparks):

Could someone give me a general rundown on how to apply for a patent?
   Obviously these answers will be very general.  While conceptually
   simple -- the United States Government grants you for a period of time
   (17 years for a design patent) the right to exclude others from making,
   using, or selling your invention provided you are the first inventor
   and comply with all the requirements of the patent law (35 USC) and
   rules (37 CFR) -- there are a number of gotcha's in the procedures that
   can result in the loss of all or substantial patent rights if not
   handled properly.  Anyone seriously considering applying for a patent
   should get help from a registered patent attorney or agent.  (By the
   way, I'm a registered patent agent, but I'm not soliciting work.)

   For a good general introductions to United States patents, you can get
   the publication "General Information Concerning Patents" from the
   Government Printing Office.

Let's say I had an idea for an invention, what is needed to get a patent?
Do I just have to have a detailed description, or is an actual working model
necessary? 
   You always need a detailed description (37 CFR 1.71), but only need a
   working model if the Patent Office feels it is necessary (37 CFR 1.92).
   About the only time they feel it is necessary is when they don't believe
   the invention actually works, such as for a perpetual motion machine.

If just a detailed description, how detailed? Are details of parts and how
they interact enough or is a full schematic needed?
   From 37 CFR 1.71: "The specification must include a written description
   of the invention or discovery and of the manner and process of making
   and using the same, and is required to be in such full, clear, cocise,
   and exact terms as to enable any person skilled in the art or science
   to which the invention or discovery appertains, or with which it is most
   nearly connected, to make and use the same."

   The idea is that you have to give complete instructions on how to make
   and use the invention, so that others can build it after the patent
   expires based only the information contained in your patent.  The Patent
   Office rejects applications that don't contain sufficient detail.

   The Patent Office also doesn't allow the introduction of additional detail
   into an applications (new matter -- 37 CFR 1.118).  You would have to file
   a new application containing the new matter, but there are a number of
   time requirements for filing an application (35 USC 102) that may have
   lapsed by the time the Patent Office tells you your application does not
   have enough detail.  (Many of the time requirements are one year, while
   the Patent Office often doesn't start detailed examination for over a year
   after it is filed.)  This is why it is important that the first application
   be complete and properly written -- you can lose most or all of your
   possible rights if it isn't.

   You can also claim your invention (the claims are the part where you
   indicate exactly what is yours) in terms of "means providing a function"
   ("means for attaching two widgets" rather than "a screw attaching two
   widgets", with the latter also including glue, chewing gum, etc.).  This
   is another example of how someone experienced with patent procedures can
   help you get all the rights you deserve.

The thing I am thinking of consists of various sensors (already existing types)
and a computer (any kind will do) that serve a specific function. That is: The
way the parts are put together and used is the invention, not the individual
parts. Can I patent such a thing?
   Virtually every patent is for something consisting of previously known
   parts, but organized in a non-obvious way.  The key word is non-obvious,
   which is covered by 35 USC 103.

What is done about using any parts that are already patented (the sensors)?
   A patent is a right to stop others from using an invention, not a
   permission to practice an invention.  Unless you get a license from
   the patentee of the sensors, you can't practice your invention until
   the sensor patent expires, but nobody (including the sensor patentee)
   can practice your invention without your permission until your patent
   expires.  If the sensors are regularly sold, and you buy them from their
   patentee or somebody licensed by their patentee, you have no problem.

   As far as applying for the patent, that parts you use are already
   patented makes no difference.  The test will be if you are using them
   in a non-obvious way.

Do I have to detail just the parts involved and how they are used in the
gadget, or do I have to actually have to get into the programming and 
electronics of the computer and sensors?
   You have to be detailed enough so that somebody skilled in the area
   can build your invention.  You also have to describe the best way of
   implementing the invention, not just any general way.  If you don't,
   your application may be rejected, or a court can invalidate your
   patent.


   Again, if things are not properly done, you can lose your right to a
   patent or lose substantial protection for your invention.  If you really
   think your invention has market potential, get qualified help.