d***w
发帖数: 10 | 1 如果有一个很好的idea,没有产品是不是就不能申请专利?
如果有了产品了,产品具有什么性质才能够申请专利?
谢谢回答. | o****e
发帖数: 195 | 2 You don't need a product, but your patent application needs to be enbaling --
meaning that it must be able to teach some average person to build your
invention.
【 在 dartw (一条不直的线) 的大作中提到: 】 | d***w
发帖数: 10 | 3 为什么是average person?
我的产品必须建立在现在工业界经历了几十年的研发的成果上,
而且他们必须做一定的research才能依据我的想法制造出另一种产品. 我相信现在没有一
家公司有这样的idea,而且我也相信我期望的这种产品很有市场.
【在 o****e 的大作中提到】
: You don't need a product, but your patent application needs to be enbaling --
: meaning that it must be able to teach some average person to build your
: invention.
: 【 在 dartw (一条不直的线) 的大作中提到: 】
| o****e
发帖数: 195 | 4 I should clarify. "Average person" means an ordinary person skilled in the
related technology. How exactly the technology level of this imaginary person
is determined, is up to the patent examiner in USPTO.
the main idea of patenting an idea is that the government gives you limited
monopoly (about 20 years) for your invention in the market, in exchange for
your disclosure of the invention to the public so people can make good use of
it once your monoploy (patent protection) is expired.
So, one
【在 d***w 的大作中提到】
: 为什么是average person?
: 我的产品必须建立在现在工业界经历了几十年的研发的成果上,
: 而且他们必须做一定的research才能依据我的想法制造出另一种产品. 我相信现在没有一
: 家公司有这样的idea,而且我也相信我期望的这种产品很有市场.
| d***w
发帖数: 10 | 5 如果你知识有一个product idea,能不能申请? 我的idea是基于现在的产品,但是需要新的
技术, 然而这个技术是我不知道的.这样能申请专利嘛?
我可以打电话和您联系嘛? 如果可以, 请给我发站内email.
person
of
to
be
the
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2164.htm#sect2164.com
有
enbaling
【在 o****e 的大作中提到】
: I should clarify. "Average person" means an ordinary person skilled in the
: related technology. How exactly the technology level of this imaginary person
: is determined, is up to the patent examiner in USPTO.
: the main idea of patenting an idea is that the government gives you limited
: monopoly (about 20 years) for your invention in the market, in exchange for
: your disclosure of the invention to the public so people can make good use of
: it once your monoploy (patent protection) is expired.
: So, one
| a*********y
发帖数: 37 | 6 I don't know about it but my guts feeling is that you can not. What otheme
said, if I interpreted it correctly, precludes your situation, i.e. patenting
a mere idea. I think you must know how to implement it in order to profit from
it. Otherwise all the science fiction authors could profit from anything they
envisioned.
One example is this year's chemistry Nobel prize whiner. He only had the idea
and didn't know how to implement it, so he's not awarded.
的
the
limited
for
how
http://www.uspto.go
【在 d***w 的大作中提到】
: 如果你知识有一个product idea,能不能申请? 我的idea是基于现在的产品,但是需要新的
: 技术, 然而这个技术是我不知道的.这样能申请专利嘛?
: 我可以打电话和您联系嘛? 如果可以, 请给我发站内email.
:
: person
: of
: to
: be
: the
: http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2164.htm#sect2164.com
| o****e
发帖数: 195 | 7 This is what I thought before entering the field. The funny thing is that
it's
contrary to common sense: you don't need to implement your idea to patent it
in the US. Some other countries, like Germany, have this actual reduction to
pruduction requirement, but not in the US.
You can patent any ideas, business models, service models, etc., as long as
you describe how to implement it and how to use it. But you can't patent
abstract computer algorithms, data structures, or pure mathematical
mani
【在 a*********y 的大作中提到】
: I don't know about it but my guts feeling is that you can not. What otheme
: said, if I interpreted it correctly, precludes your situation, i.e. patenting
: a mere idea. I think you must know how to implement it in order to profit from
: it. Otherwise all the science fiction authors could profit from anything they
: envisioned.
: One example is this year's chemistry Nobel prize whiner. He only had the idea
: and didn't know how to implement it, so he's not awarded.
:
: 的
: the
| a*********y
发帖数: 37 | 8 But you at least need to know how to implement it, right? I can understand
that you don't have to work it out in reality, but I can't believe that you
don't even have to know the details of how to work it out.
it's
to
the
you
要
in
imaginary
exchange
【在 o****e 的大作中提到】
: This is what I thought before entering the field. The funny thing is that
: it's
: contrary to common sense: you don't need to implement your idea to patent it
: in the US. Some other countries, like Germany, have this actual reduction to
: pruduction requirement, but not in the US.
: You can patent any ideas, business models, service models, etc., as long as
: you describe how to implement it and how to use it. But you can't patent
: abstract computer algorithms, data structures, or pure mathematical
: mani
| o****e
发帖数: 195 | 9 yes you need to disclose how to implment it, and give the 'best mode' of
implementation in the application. although you don't have to experiment and
prove that your implmentation will actually work.
it
as
that
otheme
profit
需
【在 a*********y 的大作中提到】
: But you at least need to know how to implement it, right? I can understand
: that you don't have to work it out in reality, but I can't believe that you
: don't even have to know the details of how to work it out.
:
: it's
: to
: the
: you
: 要
: in
| d***w
发帖数: 10 | 10 Good discussions, achtungbaby and otheme. Thank you for your concern on my
question.
I just read a book and got some knowledge on patentability. Seems that some
ideas are patentable. In the book “patent it yourself”, the author said “…
, an invention can be a process or even an idea, so long as it can be made
tangible in some way”, I guess the point is people have to describe so-called
“some way”. And yet I have another question after reading this section of
the book,
How detailed is detailed en
【在 o****e 的大作中提到】
: yes you need to disclose how to implment it, and give the 'best mode' of
: implementation in the application. although you don't have to experiment and
: prove that your implmentation will actually work.
:
: it
: as
: that
: otheme
: profit
: 需
| x********o
发帖数: 132 | 11 the standard is that ordinary person in your field can understand it and can
make your invention based on your disclosure. For example, if ordinary person
in your field knows what is computer, PCB,..., you do not need to describe
them in your patent application. But it will not harm you that you describe
more...
If read some patents in your field, you will get some ideas.
…
so-called
a
must
and
understand
long
nature
【在 d***w 的大作中提到】
: Good discussions, achtungbaby and otheme. Thank you for your concern on my
: question.
: I just read a book and got some knowledge on patentability. Seems that some
: ideas are patentable. In the book “patent it yourself”, the author said “…
: , an invention can be a process or even an idea, so long as it can be made
: tangible in some way”, I guess the point is people have to describe so-called
: “some way”. And yet I have another question after reading this section of
: the book,
: How detailed is detailed en
| s**********i
发帖数: 711 | 12
you can't apply for patent if you don't know and can't
describe how to make the product. you might able to
apply design patent if the product in your mind would
have a unique appearance... but design patent is different...
you can apply for a patent if you find someone knows the
new technology and can tell you how to make your product.
you would still be the patent inventor because you created
the idea.
【在 d***w 的大作中提到】
: 如果你知识有一个product idea,能不能申请? 我的idea是基于现在的产品,但是需要新的
: 技术, 然而这个技术是我不知道的.这样能申请专利嘛?
: 我可以打电话和您联系嘛? 如果可以, 请给我发站内email.
:
: person
: of
: to
: be
: the
: http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2164.htm#sect2164.com
|
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