patent question

[lurpak]

I have an idea for a gadget based on existing technology, shall we say the game consept is original, but its not a new invention.

so without giving it away..

heres a similarity...

lets say the idea was using your tv remote control to dial your speaker phone through a little box that sat on your telly..."DAMN ANOTHER GOOD ONE, BUT YOU CAN HAVE THAT"..

so no new technology but the concept of using existing technology for an alternative use. is there a special patent for the innovation rather than the invention ?

[yok-dfa]

IANAL but AFAIK you can only patent something new. If you discover that your remote control is a good device "to gain entrance to a locked premises wich has at least one glass window, or any other easibly breakable substance in the surrounding walls" i don't think you can patent that particular use of a remote control. I think in Europe (as opposed to the USA, where almost anything seems to be patentable) you can not patent a process, only a 'thing'. So in your example, if that little box on the TV has any special hardware or whatever you can probably patent that, but you can not patent the process of using your remote control to dial a speaker phone...

But then again, i only have basic knowledge of patent laws. If you are really serious about this i would suggest you contact a real lawyer and get some legal advice...

Cheers,
Raymond

[Flack]

From the official United States Patent and Trademark Office website:

File a Utility Patent Application

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

File a Design Patent Application

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

I think what you're talking about falls under the first category.

http://www.uspto.gov/web/patents/howtopat.htm

At least here in the US.

[Lady Jaye]

Of course, this may be different in the UK.

I think the best thing is to check out the British Patent office (or whatever name it's called) and ask them directly. They oughta be able to give you a straight yes or no answer.

[lurpak]

thanks guys,

well my idea, isnt simply using one thing to work another, there is some development it is somewhat game related.

but thanks, I think its a very marketable toy/gadget.
course now the other question is..

I dont realy need to know the technical side just the concept am I right ?

[Red Hedgehog]

thanks guys,

well my idea, isnt simply using one thing to work another, there is some development it is somewhat game related.

but thanks, I think its a very marketable toy/gadget.
course now the other question is..

I dont realy need to know the technical side just the concept am I right ?

I also am only familiar with US patent law, but also note that you can patent something which is an improvement on an existing something that was patented. For example, some company patented the telvision. Another company determined how to make it display color. The second company couldn't legally manufacture a color television, because the television part was patented. What they ended up doing was signing a licensing agreement with each other so that both companies could produce color tvs. (I don't remember who the companies were - two US electornics manufacturers).

As for your question of technical vs. conceptual, if you are patenting a process, you need to be able to describe the process in great detail. This may not involve explaining technological detail, but if it depends on a certain technology, you need to be able to explain that technology. The way it is supposed to work is that, the more general the description, the less likely it is to be patentable. That is, you submit your patent application and the patent office sends it back saying which parts are too general and must be specified. Of course, in the US, the patent office for whatever reason (lack of staff, laziness, beholden to corporate interests) doesn't do this anymore which is why we have all sorts of crazy patents.