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Is my IP obvious?

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Paul Gibson2

Junior Member
What is the name of your state (only U.S. law)? Virginia, not that I suppose it matters in patent law.

I would like it if I had more than one reply to my question. I think it’s a tricky one, pushing a gray area in the law, so a dissenting opinion, if there is one, would, at the very least, be good. Also, I know beggars really can’t be choosers; but, since “persons having ordinary skill in the art” is an issue, getting insight from patent attorneys with experience in banking, especially currency banking, or a banker with a good understanding of patent law would be really helpful.

I have made a provisional patent application. It has occurred to me I might not understand the obviousness patentability requirement as well as I thought. And, I'm rather anxious about things. I have set things in motion, that while it won't be the end of the world if I find out too late that the IP was never patentable in the first place, it would nonetheless be rather embarrassing.

My IP is for a currency not linked to other currencies, such as the Dollar or the Euro, or to commodities. It is paid for by the client currency holder, to the currency issuer, as a service provided by the currency issuer. Essentially whenever the client would make a purchase there would be a surcharge that would go to the currency issuer. So, if it was the 1st Bank of Missouri that issued the currency they would get money every time someone used it.

While there is no currency that combines those elements, none of that is really new. It is my assertion that the non-obviousness comes from the IP’s intended use. This is an instrument for the preservation of savings in the unlikely event of a hyper-inflation crisis.

Both of the previously mentioned elements enable the IP. Keeping the currency independent of other currencies should help to keep it stable during a crisis. Adding a revenue stream to the currency should create incentive for the currency issuer to keep their doors open. Historically currency exchange banks would close their doors during hyper-inflation crises.

That last is a weakness of other privately issued currencies. Since they are not differentiated from other world currencies, unless one presumes all the government issued currencies around the world are going to hyper-inflate at the same there is no advantage over stable currencies, such as the Chines Renminbi, or the South Korean Won.

Such currencies would be good for creating a reserve of savings if one could anticipate a hyper-inflation crisis. Once that reserve ran out, or if one was caught unawares, there would really be nothing one could do. It is my hope that my IP would enable people to do regular business.

In actual practice it would work like a business traveler’s check card. The client currency holder would give the check card to a merchant, the money would be exchanged automatically by the bank, and a surcharge would be added to the charges. The merchant need not know another currency was involved.

So, am I wrong? Is this an obvious IP? Thank you for help.

Also, I know taking free legal advice from strangers over the internet is not without its liability, as was stated in the disclaimer. Anything written here can not be considered a certainty. And, while there are explicit guidelines that dictate such things, which are not considered arbitrarily by patent examiners, whenever one sends an application to the Patent Office, they are taking a chance.
 


FlyingRon

Senior Member
I fail to see the novelty. Those who broker currencies now typically charge a fee to do this, that's not novel. The idea of non-governmental scrip or currency is hardly novel as well.

You are also apparently deluded. Nothing keeps your currency from becoming volatile either. It's stability is based on whatever is backing it. If you are selling a gold based currency (or whatever), then you're tying yourself to gold. If you're backing it with some currency based bank account (be it dollars, euros, yen, or a combination of these), you still fluctuate with the valuation of your currency.
If your currency isn't backed by anything, it's worth pretty much nothing but your credit rating (which admittedly probably isn't much which is what causes these unstable government currencies to hyper inflate as it is).
 

Paul Gibson2

Junior Member
The question was actually on the non-obvious requirement for patentability, not novelty. For that matter, saying that the currency can not be kept stable does not really answer the question on the obviousness requirement; and I'm wondering, if you know patent law.

The fee for brokering a currency is for, you know, brokering the currency. I am referring to surcharges for any, and every, use, or transfer, of the currency. Such currencies do exist, currencies that are linked to other currencies, or to commodities, making them more tokens or checks than actual currencies, which I did mention before.

It's not my credit rating that would back the currency. I intend to license the patent to the major credit card companies, who have very good credit ratings, for some reason.

And, while nothing makes it an absolute certainty that the currency would not hyper-inflate, that's not really the point. It's that if other currencies do, it would not be tied to those currencies.
 

Zigner

Senior Member, Non-Attorney
The question was actually on the non-obvious requirement for patentability, not novelty. For that matter, saying that the currency can not be kept stable does not really answer the question on the obviousness requirement; and I'm wondering, if you know patent law.

The fee for brokering a currency is for, you know, brokering the currency. I am referring to surcharges for any, and every, use, or transfer, of the currency. Such currencies do exist, currencies that are linked to other currencies, or to commodities, making them more tokens or checks than actual currencies, which I did mention before.

It's not my credit rating that would back the currency. I intend to license the patent to the major credit card companies, who have very good credit ratings, for some reason.

And, while nothing makes it an absolute certainty that the currency would not hyper-inflate, that's not really the point. It's that if other currencies do, it would not be tied to those currencies.

Wait - you intend to license this "idea" to the credit cards companies? From your posts, it sounds like you are talking about a credit card!
 

Paul Gibson2

Junior Member
I should probably explain that the "currency issuer" is the one who made the currency, in case that was unclear. For the U.S. Dollar that would be the U.S. Treasury Department. The IP describes a currency where the client currency holders are paying the currency issuer for the privilege of using the currency that was issued by them.
 

Zigner

Senior Member, Non-Attorney
I should probably explain that the "currency issuer" is the one who made the currency, in case that was unclear. For the U.S. Dollar that would be the U.S. Treasury Department. The IP describes a currency where the client currency holders are paying the currency issuer for the privilege of using the currency that was issued by them.

...like a credit card ;)
 

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