Patenting a process

[patentnewb]

What is the name of your state? GA

Hi, what are patentable processes? I tried googling patenting a process and could only find pages on "the process of patenting".

For example, let's say that to make movies more realistic, some one created and patented a machine that generates smell and can be controlled by the computer to produce different smells. But the patent doesn't limit itself to just movies of course - it is simply a computer-controlled smell generator. Now let's say I write a software application that controls the smell generator and teaches people how to cook. Can I patent the process of "using a smell generator to better teach people how to cook"? And would I need to get permission from the inventor of the smell generator apparatus to patent this process? Thanks!

 

[divgradcurl]

Hi, what are patentable processes? I tried googling patenting a process and could only find pages on "the process of patenting".

Processes are spelled out as patentable in the patent statutes, see 35 U.S.C. 101. As to whether a particular process is patentable, it may be if it is useful, novel and non-onbvious.

For example, let's say that to make movies more realistic, some one created and patented a machine that generates smell and can be controlled by the computer to produce different smells. But the patent doesn't limit itself to just movies of course - it is simply a computer-controlled smell generator. Now let's say I write a software application that controls the smell generator and teaches people how to cook. Can I patent the process of "using a smell generator to better teach people how to cook"?

There is no way to answer this question given what you have written. Whether or not a particular process (and what you've described is less of a process than what would be called a "business method" patent) is useful, whether it is novel (in other words, not described or disclosed in the prior art, or invented already by someone else), and whether is is non-obvious (meaning that, given the state of the art, is the process an obvious improvement). You really need to do some in-depth research and analysis before you can state whether or not a particular process (or any invention, for that matter) is patentable.

Certainly what you describe is patentable in principle.

And would I need to get permission from the inventor of the smell generator apparatus to patent this process? Thanks!

You would not need permission to obtain your own patent. However, you may very well need permission to actually "practice" your invention. In other words, you can obtain a patent, but you still may not be able to build or sell your invention without a license for the underlying technology. Your patent gives you no rights to existing technology that your patent builds on.

 

[wing0025]

Hi, I am just wondering, is a business method patentable in U. S.? As it is not within the statutory classes of patent, which are process, machine, composition of matter or article of manufacture?

 

[divgradcurl]

Hi, I am just wondering, is a business method patentable in U. S.? As it is not within the statutory classes of patent, which are process, machine, composition of matter or article of manufacture?

Please open your own thread next time for a new question.

But in general, business method patents are currently patentable in the U.S., see State Street Bank v. Signature Financial Group, Inc., 47 USPQ 2d 1596 (CAFC 1998). You might also want to read the Wiki page on business method patents, http://en.wikipedia.org/wiki/Business_method_patent.