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Subject:
Wording of a Patent Application
Category: Business and Money Asked by: drbeamer-ga List Price: $2.00 |
Posted:
23 Sep 2005 12:24 PDT
Expires: 26 Sep 2005 18:13 PDT Question ID: 571673 |
Is it acceptable to take an existing patent, copy and paste the description and claims, and then change the references to the technology that is driving the invention? Example: I invent a tennis racket that uses a magnetic force field instead of strings. Can I take the original tennis racket patent, replace any references to string/wire with ?magnetic force field?, and file this as a new invention? |
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There is no answer at this time. |
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Subject:
Re: Wording of a Patent Application
From: socal-ga on 23 Sep 2005 13:05 PDT |
The problem is not in the copying of the previous application (i.e. copyright). The problem is that the specification will not be enabling for your invention. A specification discribing a string racket will not enable a force field racket. Plus the claims will not have support in the specification or descrive your invention. It is better to write an application; however rough, that describes your invention than to copy a well-written application that is not enabling. The first will get your a patent (if it is patentable), the second will get an immediate rejection. |
Subject:
Re: Wording of a Patent Application
From: drbeamer-ga on 23 Sep 2005 14:50 PDT |
Maybe the string-magnetic force field comparison is too extreme; let's use a different example. In this scenario, the tennis racket is made out of wood. Plastic materials exist, but nobody has ever thought about making a plastic racket. Is it acceptable to take current application and subsitute "wood" with "plastic" in an effort not to recreate the wheel (ie the writeup of the claims, the product description, possible applications, etc)? |
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