Ideas are protectable by the patent system when they
can be successfully described in a patent claim as a
new, useful, and nonobvious process, machine,
manufacture, or composition of matter.
My contention is that any new useful and nonobvious
IDEA may be descibed in claim language as a process,
machine, manufacture, or composition of matter by a
skilled patent attorney.
Thus, ideas are protected by patents in which the
claims describe a process, machine, manufacture, or
compostion of matter.
The above may be true to various degrees depending on
the skill of the patent practitioner and the PTO
examiner.
keith
- Joseph Pietro Riolo <riolo[_at_]voicenet.com> wrote:
>
>
> On Sun, 22 Jun 2003, Keith Tabor <ket354[_at_]yahoo.com>
> wrote:
> >
> > Well, no, it is actually quite right. Ideas are
> not
> > patentable but they are protectable through the
> patent
> > system. In other words, if you have a new, useful,
> and
> > nonobvious idea you will look to the patent system
> to
> > protect that idea. You will not claim the idea,
> you
> > will draft claims consistent with the previously
> > quoted statute that adequately protect your idea.
> The
> > distinction is where the money is if you draft
> patents
> > for a living.
>
> The word "idea" appeared in the above paragraph five
> times.
> What is your definition of "idea" then?
>
>
> > I guess it is just a matter of symantecs, but this
> is
> > a pretty literate group so I didn't think this
> should
> > be overlooked.
>
> It is not a matter of semantics. The law is pretty
> clear
> that utility patent covers only process, machine,
> manufacture,
> or composition of matter. To say that ideas are
> patentable
> or protectable is a serious misconception.
>
> Finally, at:
>
>
>
http://www.uspto.gov/web/offices/pac/doc/general/index.html
>
> here is the quotation found under the question "What
> Can Be
> Patented":
>
> A patent cannot be obtained upon a mere idea or
> suggestion. The patent is granted upon the new
> machine, manufacture, etc., as has been said,
> and
> not upon the idea or suggestion of the new
> machine.
> A complete description of the actual machine or
> other subject matter for which a patent is
> sought
> is required.
>
>
> Joseph Pietro Riolo
> <riolo[_at_]voicenet.com>
> http://www.boycottcopyright.com
>
> Number of days left until 1-1-2019 when all
> knowledge of 1923
> in the land of the U.S.A. will be freed from their
> copyright
> owners' prisons: 5,668
>
> Public domain notice: I put all of my expressions
> in this
> post in the public domain.
>
>
>
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Received on Fri Jun 27 2003 - 22:27:16 GMT