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PostSubject: It's Similar   Fri Jun 12, 2009 11:50 am

I want to find if my prototype is patentable before approaching a company for licensing. I found one that is similar, but not the same. If this similar product has a patent, doesn't that mean mine has a good chance of getting one too?


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Troy Robison

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Location : Sunny, Florida

PostSubject: Re: It's Similar   Fri Jun 12, 2009 1:58 pm

Tania, I would suggest you see if the other product is patented. Are there any patent numbers on it or the packaging. Check and see then search the USPTO and read the claims. You can search by company name also.....Remember Patents are all about the claims...

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Troy Robison

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PostSubject: Re: It's Similar   Fri Jun 12, 2009 2:43 pm

Thanks Gizmo!
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Bill Goldblatt

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PostSubject: Re: It's Similar   Sat Jun 13, 2009 4:49 pm

Just to add a slight clarification to Gizmo's input,

Patents are all about the claims when you are seeking to determine whether or not you would be infringing another patent.

The claims do not actually matter if you are simply seeking to determine whether or not your invention would likely be patentable.

For it to be patentable, your invention must be "novel" (not done before) and "non-obvious" (sufficiently inventive, for the most part) in light of any prior art. Also, any available patent protection will, for the most part, be limited to the individual aspects of your invention that are novel and non-obvious. Prior art does not have to refer to a patent, either, it can refer to anything.
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PostSubject: Re: It's Similar   Sat Jun 13, 2009 5:11 pm

Thanks Bill!
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