I have a new idea for a product that does not include any new technology but combines an existing technology with an existing product. How could I obtain a patent on this item or what set of steps should I take to approach the owner of the existing technology and a manufacturer of the existing product without getting screwed over? I cannot make either one by myself but they haven't done it yet. Theoretically I could subcontract it out but I would rather just sell the idea and get royalties.

12/18/2012 8:49:40 PM

visit a patent lawyer.

12/18/2012 9:13:05 PM

http://www.legalzoom.com/trademarks-patents-copyrights/patent-overview.html

12/18/2012 9:20:05 PM

^there are so many options on that site. Not sure where my situation would take me.

^^how can i be sure the lawyer will not steal/sell my invention?

12/18/2012 9:24:56 PM

dweedle works at a patent office. Should PM him

12/18/2012 9:34:15 PM

it's almost like someone made this same thread a month ago

12/18/2012 9:39:13 PM

12/18/2012 9:39:14 PM

Quote :

"how can i be sure the lawyer will not steal/sell my invention?"

well,

a) that's highly HIGHLY unlikely. I'm not trying to burst your bubble, but the attorney's more likely to tell you your invention has already been done, is already in production, or was already tried and failed.


b) even if your product IS something that hits the jackpot, he/she is bound by all sorts of ethical rules... plus you'd be able to recover $$$ if he/she stole your idea. put everything in writing and you'll be fine.

12/18/2012 10:11:08 PM

you cannot patent an existing technology on a different product.

you need to do some basic reading.

As soon as you contact the existing technology owner, you are admitting to their prior art being the utility of the patent, which will invalidate your claim.

Patents are for novel utility of use. Its not a novel utility if you are using existing technology in an existing product, even if the technology isn't currently used in that product. The only way you have a claim you would have to show that you can produce the technology on this existing product by creating it entirely on your own, without any prior usage of the existing technology.

12/18/2012 10:11:30 PM

At DH Hill there is a Patent and Trademark Depository Library. It is a collection of U.S. patents and patent and trademark materials. There is also one at UNC-Charlotte. You can do research there to see if your idea has already been patented.

Or you can call the Inventors Assistance Center at 800-786-9199. They are not able to provide legal advice. However, they can answer general questions about the patent process.

You can file the patent online yourself: http://www.uspto.gov/ebc/portal/efs/pct_quickstart.pdf.

Info on scams: http://www.uspto.gov/inventors/scam_prevention/index.jsp.

I would use the USPTO's search tool, https://oedci.uspto.gov/OEDCI/, to find an attorney, if you want to go that route.

12/18/2012 10:12:34 PM

take a look at the MPEP (search Google)...be familiar with 35 U.S.C. § 103(a) .... there are some instances where combining separate technologies are acceptable (i.e. not rejectable) when you establish enough criticality, etc

patent lawyer would know more than I

12/18/2012 10:28:23 PM