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RE: Question on patent for audio device

Geoff,

The patent examiner proves nothing, the applicant must convince them that what he has works, is original enough and hasn't already been done. Useful, novel, and not obvious as it were.

I've never seen usefulness arise as an issue but I suppose it does, especially with "unusual" products. They seem pretty willing to accept the applicant's assertions of the mechanisms and benefits. Within reason of course, they have finally given up evaluating applications for perpetual motion machines so if you're flagrantly violating the second law of thermodynamics it could be rough sailing.

AFAIK there is no requirement that you even understand why your gadget works. As long as a convincing argument can be made that it does, and better somehow than others and that you're the guy what done it you should be good. It's a weak basis as someone else can probably work around you if they figure out what makes it tick. But, if your claims cover all the best embodiments you're still in decent shape. Well, assuming that you pay your annual maintenance and have infinite funds for legal bills.

If you haven't done so and really are interested, trot over to the USPTO website and spend 20 minutes to read some of their blurbs, such as the link below, then spend a couple of hours reading patents. They really run the gamut in many ways. Don't forget that patents are the opposite of trade secrets, you are supposed to make them clear enough so that someone, like your's truly, can reproduce your product or process. But you can sue us if we sell them!

Rick


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  • RE: Question on patent for audio device - rick_m 20:42:54 09/23/08 (1)

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