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Author Topic: Patents Novelty and Claims  (Read 2540 times)


  • Guest
Patents Novelty and Claims
« on: June 19, 2021, 02:37:09 AM »
So why say that something works if you are not certain that it does ?

Answer is at bottom of the page.
... ... ... ... ... ... ... ... ... ... ...
If a person has a novel idea for a useful mechanical device,
a novel idea for a method which accomplishes some useful task,
neither of these ideas can be patented in the U.S..
A novel and useful mechanical device can be patented.
   and also
A novel and useful method can be patented.

What is the difference between these two?

  example 1
1. I say "I think this magnet interaction will efficiently transmit mechanical
2. I publicly proceed to describe that magnet interaction in terms of
"I think this device and method might do such and such and this as
such and such is how it might work".
  example 2
1. I say "this magnet interaction will efficiently transmit mechanical
2. I publicly proceed to describe that magnet interaction in terms of
"This device and method does such and such by means of such and such".
... ... ... ... ... ... ... ... ... ... ...
Example 1 can probably still be patented in the U.S. , if it is later described as
novel, and USEFUL.

Example 2 is no longer NOVEL and therefor it cannot be patented in the U.S..
... ... ... ... ... ... ... ... ... ... ...
So that  in the case that is does function as thought, it cannot be patented,.



  • Guest
Re: Patents Novelty and Claims
« Reply #1 on: June 28, 2021, 08:02:41 PM »
As an aside and notes upon patents and intellectual  property.

I am not opposed to intellectual property rights, in general.
But if a device or design is perhaps important enough, I think
it should be open sourced.

What I have presented as being novel, in some or many instance may
in fact not be.  This is because novelty is difficult to determine with a total
certainty in many instances.  Please do not assume a presented design is novel
souly upon my say so.
... ... ... ... ... ... ... ...
In regard to novel devices which I have presented and which may no longer
be patentable due to their no longer being novel (since they were given into the public
domain / openly published). large numbers of improvements upon them are possible,
and those improvements can be patented.
                     while also keeping in mind that
               "O.U." devices are not patentable in the U.S..