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P3D Re: 3d camera u.s. patent


  • From: roberts@xxxxxxxxxxxxxxxxx (John W Roberts)
  • Subject: P3D Re: 3d camera u.s. patent
  • Date: Thu, 22 Jan 1998 19:41:58 -0500


>Date: Thu, 22 Jan 1998 16:39:07 -0700
>From: boris@xxxxxxxxxxxx (Boris Starosta)
>Subject: P3D Re: 3d camera u.s. patent

>It is my understanding that you can't patent just an idea.  However, it
>appears you can patent the initial development of an idea without
>demonstrating that it will work.  Is this correct?  Is anyone on P3D a
>patent attorney?

The words "idea", "development", and "demonstrating" in this context are
sufficiently ambiguous that a yes-no answer would be meaningless. I would
urge you as a first step to go to a library or book store and get an
introductory book on patents.

Here are some notes from references:
 - The patent office issues three types of patents:
   1) Design patents are granted to protect any new and original ornamental
      design for an article of manufacture.
   2) Plant patents are granted for the invention or discovery of a distinct
      and new variety of a plant.
   3) Utility patents are granted for any new and useful process, machine,
      article of manufacture, or composition of matter.

 - Criteria for an invention to be patentable:
   - The invention is truly new.
   - The invention is not obvious in light of what has been known before
       (to one of ordinary skill in the art).
   - The invention is useful.

>(I've had an idea for a patent for some time.  But without the means to
>develop the idea, how can one get a patent?  How far must an idea be
>developed, to be sufficient for receipt of a patent?)

A patent is made up of multiple sections. The Description of Preferred
Embodiments or Detailed Description of the Invention requires the specification
to include a detailed, written description of the invention or discovery
and of the manner and process for making and using it, written in such full,
clear, concise, and exact terms as to enable any person skilled in the art
to make and use the invention.

So it sounds like you have to at least develop the idea to a point where
the description makes sense and is usable - vague ramblings probably aren't
going to make it. On the other hand, I don't think you are required to
actually build the thing, providing you can describe it properly and show
that it will work.

As I mentioned earlier, I would recommend reading some books first to get
a general idea, and then perhaps you could consult an actual lawyer.

John R


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