Patent question

So I just had one of those "why has nobody thought of this before" moments, which I think could make me vaguely less than rich, relatively quickly.

But to make my idea come to fruition, I will have to utilize a device that is already patented by someone else, and is on the market.

My idea uses this existing product for its intended purpose, but in a way that is not being exploited by its manufacturer.

Am I free to buy this device on the free-market, and use them in my "invention", or do I need to hire a bunch of lawyers and E36 M3 to cover my ass?

You will probably need to obtain licensing to use the original design, even if it differs from the manufacturers intended use.
So yeah, CYA.

If you are buying their product, it's yours to do with as you wish. If you can use it in a product you make and sell it for more than you bought it for, more power to you. This doesn't include copyrighted works, only patented products.

For instance, Ford as a general rule doesn't make transmissions. ZF or someone like that does. Ford buys them from a company, installs them in a car and then sells the car.

If you copy their product and manufacture it yourself, be prepared for a visit from their lawyers.

That's my original thinking on this, but...

My "idea" is so sure to make me rich, that I could just go to Best-Buy, and pay retail for a crap-load of them, and still make money. I bought them, I own them.

From what I understand of the subject after having done some rudimentary research, here's what you're looking at:

You may purchase a patented product to use as a component of your unique invention. So long as the device or product is a unique and new use of the previously mentioned patented product, you should be fine. In this case the thing you bought is considered a component or raw material. it will also help if the product you are using is somewhat generic, or available from a variety of sources and in a variety of designs. If it's highly specific, you're going to have to change the intent of its use substantially.

If what you're doing is simply coming up with a way to use something that no one has thought of before, that's not going to be covered (especially if what you came up with involves sticking your wiener in something. I guarantee someone's already tried it, no matter what the object in question is).

The other bottom line is that, in my experience, unless your product or device is incredibly unique and specific, obtaining a patent is probably not worth the effort. getting a patent is thousands of dollars and hundreds of man hours by the time you're through, and it's worth no more than you're willing to defend it. There's no international sanctioning body who will call someone on the carpet for patent infringement. It's the holder's responsibility to bring suit, and the courts will decide based on the documentation.

jg

I would think worst case you could sell a kit to use x to do y.

Ahh, making "Bomb Detectors", are we?

Kenny_McCormic wrote: I would think worst case you could sell a kit to use x to do y.

But my idea is to use x to still do x... The y is how x is installed.

Basically, a relatively common household product, installed into a commercial facility.

""""""""""

In reply to grafmiata:

Kitchen sponges have limited application in sewage treatment plants. They work, but create disposal problems.

Mr_Estrotica wrote: Ahh, making "Bomb Detectors", are we?

Nah, my cat handles anything explosive-related, whether it's detection or creation.

SVreX wrote: In reply to grafmiata: Kitchen sponges have limited application in sewage treatment plants. They work, but create disposal problems.

Well, my idea involved contraceptive sponges, so your point is invalid.

JG Pasterjak wrote: From what I understand of the subject after having done some rudimentary research, here's what you're looking at: You may purchase a patented product to use as a component of your unique invention. So long as the device or product is a unique and new use of the previously mentioned patented product, you should be fine. In this case the thing you bought is considered a component or raw material. it will also help if the product you are using is somewhat generic, or available from a variety of sources and in a variety of designs. If it's highly specific, you're going to have to change the intent of its use substantially. If what you're doing is simply coming up with a way to use something that no one has thought of before, that's not going to be covered (especially if what you came up with involves sticking your wiener in something. I guarantee someone's already tried it, no matter what the object in question is). The other bottom line is that, in my experience, unless your product or device is incredibly unique and specific, obtaining a patent is probably not worth the effort. getting a patent is thousands of dollars and hundreds of man hours by the time you're through, and it's worth no more than you're willing to defend it. There's no international sanctioning body who will call someone on the carpet for patent infringement. It's the holder's responsibility to bring suit, and the courts will decide based on the documentation. jg

Truth. The guy who invented and patented the intermittent wiper control shopped it around to the various manufacturers, they weren't interested. A couple of years later, damn if the system didn't start showing up on all kinds of cars and he of course immediately sued. It was something like 22 years before he won the first lawsuit.

http://en.wikipedia.org/wiki/Robert_Kearns

grafmiata wrote:

SVreX wrote: In reply to grafmiata: Kitchen sponges have limited application in sewage treatment plants. They work, but create disposal problems.

Well, my idea involved contraceptive sponges, so your point is invalid.

and goes back to JG's point that it involves someone sticking their weiner in it.