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Stucky Inner circle I'm Batman! 1355 Posts |
Not sure if this goes here or not but has anyone heard about the new "America Invents Act"? It has changes to the patent laws that some of you might want to keep up with.
Official Thread Killer
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Jonathan Townsend Eternal Order Ossining, NY 27297 Posts |
Quote:
On 2011-09-17 22:58, Stucky wrote: your cogent summary of the matter is? some of the changes are discussed here: http://www.usatoday.com/money/smallbusin......437356/1 here's a cogent observation from that page on the matter: Quote: To put this silly law into perpective, imagine it were legal for a person to sell his house to several different buyers with the ultimate owner being the first to win the race to the courthouse to file his deed. An oversimplification, but basically the same thing.
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Stucky Inner circle I'm Batman! 1355 Posts |
Cogent enough for you to reply to it I guess. Just trying to help.Feel free to go back to sleep.
Official Thread Killer
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jonnyboy Inner circle San Diego 1021 Posts |
It is not going to affect the way magicians use the patent system very much. The most important change is the first to file rule, harmonizing our laws with the rest of the world, giving priority to the first to file a patent at the patent office, and not the first to invent.
John |
Stucky Inner circle I'm Batman! 1355 Posts |
Realizing my previous post was kinda O===D-ish let me clarify. I know a lot of people on this forum like to know/keep up with certain laws and thought I would share some knowledge. Didn't think it would be off-putting to anyone.
Official Thread Killer
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Jonathan Townsend Eternal Order Ossining, NY 27297 Posts |
Okay let's try again:
Is it sufficient to file (design/utility) patents on the components of a magic trick without describing the combined result or intended use of those components? Under latest - are we protected from folks patenting items already in use within one segment of the market?
...to all the coins I've dropped here
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jonnyboy Inner circle San Diego 1021 Posts |
Jonathan, one can always file for patents on the components of a magic trick without describing the combined result or intended use. However, as with all inventions, the component itself would have to be novel and nonobvious. The new patent laws do nothing to affect those requirements.
As for folks patenting items already in use, they would not be able to do so, since 1) they would not be the inventors, and 2) there would not be novelty, since the item was already known to the public. Of course, one may still be able to get a patent, if the patent examner is not aware of the previous use. The new Act allows for people to challenge the issuance of a patent, so that someone who had produced the item previously can bring an action to invalidate the patent. However, this all costs money to hire a patent attorney and to file the action. John |
jonnyboy Inner circle San Diego 1021 Posts |
Stucky, thank you for bringing this sea change in the Patent Laws to the attention of this forum.
John |
Jonathan Townsend Eternal Order Ossining, NY 27297 Posts |
Jb, - check out the time limit.
...to all the coins I've dropped here
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Mad Jake Inner circle All the voices in my head helped me make 2200 Posts |
What I thought was funny, I was following a gent trying to copyright his cups for cups and balls. The part
that made it so funny, he was trying to patent the rings on the cups. If it is still thare his application was DENIED. A certain quoted and I won't say who, but told me it was time that the wolf start eating the other wolves. Meaning stop taking crap from anyone, even the person trying to Patent 3 rings. Patent rings LOL.
Licensed Steve Dusheck Manufacturer and distributor visit www.airshipmagic.com
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