Patenting simple idea, please help

[Mec4040]

What is the name of your state?NY


Ok, I have read a lot of info here and also online. I wanted to know how hard it would be to patent a simple idea, or is it better off not done because anyone can copy it? Meaning:

To try and think of something very simple, I thought of those magnetic poem pieces people put on the refrigerator or the magnetic business cards. Lets say this was your idea, could you patent this? If yes, how could you stop someone from coping?


Thanks for the help...its really an answer for my nephew, who asked this question of me. I will not take the credit for it.
Lisa

 

[divgradcurl]

What is the name of your state?NY


Ok, I have read a lot of info here and also online. I wanted to know how hard it would be to patent a simple idea, or is it better off not done because anyone can copy it? Meaning:

To try and think of something very simple, I thought of those magnetic poem pieces people put on the refrigerator or the magnetic business cards. Lets say this was your idea, could you patent this? If yes, how could you stop someone from coping?


Thanks for the help...its really an answer for my nephew, who asked this question of me. I will not take the credit for it.
Lisa

Well, it doesn't matter how simple an idea is -- if it otherwise meets all of the requirements for patentability, then it is potentially patentable. Whether or not something is actually patentable would depend on the what has already been invented.

As far as protecting an invention, that's what patents are for. Once you have a patent, then if someone else infringes on your patent (steals your invention, in other words) you can enforce your patent in court.

 

[Mec4040]

Hello again,

Thanks for taking out the time to answer my question. What I really need to know is based on the question I asked, can something like I explained be patented?

For example the magnetic poem pieces people put on the refrigerator or the magnetic business cards. Using that as an example, are they patented already? Did someone have to get a patent for the above idea or because it is such a simple idea, it is not patented.

I know you said it depends on if it meets the requirements, but I'm asking if anyone knows if those type of idea's are ok or not. Thanks so much for your time and effort.


Lisa

 

[divgradcurl]

What you are essentially asking for is a "patentability opinion." Determining whether or not something is patentable depends on whether or not it is "patentable subject matter" -- and most inventions are, even the simple inventions such as magnetic thingies for a refrigerator probably would be considered "useful" inventions -- and it depends n what the prior art is. Many "inventions" cannot be patented because someone else already holds the patent for what someone believe they have invented. Basically, whether or nt something is patentable depends on ALL of the relevant facts, and is not something for which there is usually an easy answer.

Now, if you are asking if you can patent the already existing magnets, then the answer is no -- patents are issued to the inventor, not someone who decides that someone else's invention is a good idea and should be protected...

 

[Mec4040]

Ok...I kinda understand that. For the most part I understood what you said the first time, but what I was trying to find out was that based on it being such a simple object, would it be a patentable device.

You mentioned there is a good chance it is patented, but then I ask if you look at most of the magnets, they don't state they are patent pending, etc. So does that mean, its so easy to copy, that most people don't even bother going the legal way?

I ask all this, because my son has come up with a real simple idea and wants to try and get some sort of answer based on a similar item.

His reason for concern, is because the idea, as said already is simple and he doesn't want to get a patent if it can be copied by someone else.

Again, thanks so much for all the time and help.

 

[divgradcurl]

Here's the thing -- whether something is simple or not is NOT the determining factor. Whether or not something is patentable depends on three things, and three things only:

1. Whether or not the subject matter is patentable. 35 U.S.C. 101: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."

2. Whether or not the invention is novel. Novelty is covered under 35 U.S.C. 102. Basically, you have to be the first person to have invented your invention.

3. Whether or not the invention is obvious. Obviousness is covered under 35 U.S.C. 103. Basically, an invention is "obvious" under the legal definition if it is "obvious to one of ordinary skill in the relevant art."

You will note that there is no mention of complexitiy or simplicity. If your invention is patentable subject matter, novel and nonobvious, then it can be patented, regardless of how simple it might be.

As far as whether or not someone else CAN copy it, that's not really relevant. If your son obtains a patent, even if the invention is very easy to copy, it won't be LEGAL to copy the invention -- your son will be able to sue the infringer in court for copying, or infringing, on his patented invention.