Patent with technology not on the market yet.

In summary: Thanks for all the great advice. Phyzguy, when I mentioned a patent which utilizes technology already out there, I meant a novel invention comprised of technology which already exists but used in an original way.
  • #1
nukapprentice
69
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Hello, I was wondering if someone with patent experience could help me. Is it possible to submit a patent which uses technology which is still in the research phase? If so, how does this differ than one which utilizes technology already out there?
 
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  • #2
nukapprentice said:
Hello, I was wondering if someone with patent experience could help me. Is it possible to submit a patent which uses technology which is still in the research phase? If so, how does this differ than one which utilizes technology already out there?
Any process or product can be patented. Patented inventions are supposed to be new, as well as useful and non-obvious.

It is certainly appropriate to patent something that is under research.

On the other hand, if one wishes to keep the invention a trade secret, do not patent it. Technology companies keep the best stuff under wraps, and do not patent/disclose it.
 
  • #3
Astronuc said:
On the other hand, if one wishes to keep the invention a trade secret, do not patent it. Technology companies keep the best stuff under wraps, and do not patent/disclose it.

Interesting point. Can you provide some examples?
 
  • #4
Jupiter6 said:
Interesting point. Can you provide some examples?

Adderall medication - its a combination of 4 ingredients, but the manufacturer won't say how its produced so is difficult to copy
Recipes - junk food, Coca cola, various liqueurs
Manufacturing eg Semiconductor production - the general techniques are known but manufactures don't want others to know shortcuts
Google's search algorithms (they change all the time anyway)
 
  • #5
nukapprentice said:
Hello, I was wondering if someone with patent experience could help me. Is it possible to submit a patent which uses technology which is still in the research phase? If so, how does this differ than one which utilizes technology already out there?

In fact you can't patent technology which is "out there". Once technology is in the public domain, it can no longer be patented. If you start selling some new invention before you have filed a patent, you lose your right to patent it (at least in the US).
 
  • #6
Jupiter6 said:
Interesting point. Can you provide some examples?
I must decline the examples of which I know, but
Devils said:
Coca cola,
Coke is the best example of a trade secret, but I don't believe it could be patented on the basis of 'usefulness', although someone might attempt such a claim. Perhaps it is useful because it sets the beverage apart from others, and thus CocaCola enjoys a market advantage.

One might patent a product or process with the expectation that it could be discovered by someone familiar with the art. However, one of three requirements is 'non-obviousness', which might apply at the time of discovery, but is not necessarily a permanent condition.
 
  • #7
Thanks for all the great advice. Phyzguy, when I mentioned a patent which utilizes technology already out there, I meant a novel invention comprised of technology which already exists but used in an original way.

About what Astronuc said, yeah, I guess the 'non-obviousness' part is the largest hurdle IMHO.
 

1. What is a patent with technology not on the market yet?

A patent with technology not on the market yet refers to a type of patent that protects an invention or technology that has not yet been made available for sale or public use. This means that the technology or invention is not currently being used or sold by anyone, but the patent holder has the exclusive rights to do so once the patent is granted.

2. How do I know if my technology is eligible for a patent?

In order for a technology to be eligible for a patent, it must meet certain criteria set by the patent office. It must be novel, meaning it is new and has not been publicly disclosed before. It must also be non-obvious, meaning it is not an obvious improvement on an existing technology. Additionally, the technology must be useful and have a clear and specific description of how it works.

3. Can I disclose my technology before applying for a patent?

It is generally recommended to refrain from disclosing your technology before applying for a patent. This is because once your invention is made public, you have a limited amount of time to file for a patent. If you disclose your technology before filing for a patent, you may lose the opportunity to obtain exclusive rights to it.

4. How long does a patent with technology not on the market yet last?

A patent with technology not on the market yet typically lasts for 20 years from the date of filing. However, the patent holder must pay maintenance fees to keep the patent in force. Once the patent expires, the technology becomes available for public use and anyone can use it without permission.

5. Can I sell or license my patent with technology not on the market yet?

Yes, as the patent holder, you have the right to sell or license your patent with technology not on the market yet. This means that you can allow another party to use or sell your technology in exchange for financial compensation. However, it is important to carefully consider the terms of any licensing or sale agreements to ensure that your rights as the patent holder are protected.

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