Can I File a Patent, or Have I been Beat?

[sjaguar13]

What is the name of your state? Ohio

I had an idea for an online organizational system. I searched for patents and found nothing close. I wrote up the form and everything and I was getting ready to apply for my customer number. I decided to search for some other things. After doing that, I thought of more words that are similar and it just so happens, there is a patent for something similar, but not the same.

The patent is for something that does complex searches on its own, mine doesn't. It lists what it is used for in the claims:
47. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are books.
48. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are compact discs.
49. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are videos.
50. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are games.
51. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are computer software programs

My patent was created with a specific product in mind, but I was going to make it vague, in which it would include books, CDs, videos, games, and software. If I replace my generic "items" with "sports cards", is that different enough? Basically, the patent already filed does searches own it's own finding compatible entries or relative matches. Mine is more of list, it just shows items, in this case sports cards.

My main concern is the last of the detailed description, actually the last line of the whole patent says "As a result, it should be apparent from the preceding description and examples that the concepts of the present invention have great potential for application beyond the examples presented herein." I guess that would count sports cards.

Basically it comes down to:
(patent) Books, CDs, Videos, Games, Software, and "other" - searches for matches

(mine) Sports Cards - displays list, does not do the above search (the patented one does not say anything about just listing the items).

Could I get my idea patented for sports cards, or would it fall to close to the patent already filed?

 

[Yuke]

.

What is the name of your state? Ohio

I had an idea for an online organizational system. I searched for patents and found nothing close. I wrote up the form and everything and I was getting ready to apply for my customer number. I decided to search for some other things. After doing that, I thought of more words that are similar and it just so happens, there is a patent for something similar, but not the same.

The patent is for something that does complex searches on its own, mine doesn't. It lists what it is used for in the claims:
47. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are books.
48. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are compact discs.
49. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are videos.
50. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are games.
51. The method of claim 33 wherein both the item being offered for exchange and the item desired in exchange are computer software programs

My patent was created with a specific product in mind, but I was going to make it vague, in which it would include books, CDs, videos, games, and software. If I replace my generic "items" with "sports cards", is that different enough? Basically, the patent already filed does searches own it's own finding compatible entries or relative matches. Mine is more of list, it just shows items, in this case sports cards.

My main concern is the last of the detailed description, actually the last line of the whole patent says "As a result, it should be apparent from the preceding description and examples that the concepts of the present invention have great potential for application beyond the examples presented herein." I guess that would count sports cards.

Basically it comes down to:
(patent) Books, CDs, Videos, Games, Software, and "other" - searches for matches

(mine) Sports Cards - displays list, does not do the above search (the patented one does not say anything about just listing the items).

Could I get my idea patented for sports cards, or would it fall to close to the patent already filed?

My first recommendation is that you don't disclose your ideas on a public forum.

Second, assuming you are just throwing up a hypothetical situation, if you would like to receive your own patent, I would focus on the difference between your invention and the issued patent(s); something beyond the superficial like sports cards vs. books.

If the subject matter were seafood vs. gold, there are numerous differences between the two products which an organizational system must account.

 

[sjaguar13]

Okay, thanks. I think I can get it re-written so it's a bit more distinguishable from the other patent.

If it the patent was for gold and mine is for seafood, would using things like taste be enough on its own? The end of the patent says it can be applied to anything. Does that line give them the right to seafood, also, as well as the properties that go along with it?

 

[Yuke]

Okay, thanks. I think I can get it re-written so it's a bit more distinguishable from the other patent.

If it the patent was for gold and mine is for seafood, would using things like taste be enough on its own? The end of the patent says it can be applied to anything. Does that line give them the right to seafood, also, as well as the properties that go along with it?

Please remember I am offering my opinion at "arms-length", and my best advice is to sit down with an attorney who can analyze your case in a highly detailed manner.

Your distinction is close to the point I was trying to make. Criteria in evaluating the products you are considering for your system may not have been mentioned in the cited patent. For example, fluctuations in gold prices typically center around the financial climate, while seafood prices fluctuate by season. If your system has valuation criteria as distinct as that, you may get a patent. Try to flesh out these type of distinctions to better your chances.