Legal Question in Intellectual Property in Alabama

Patentablilty of an Invention

I have been working on an invention for 3 years. I had the idea about 6 years ago. I have had it designed and prototypes made. I have periodically done searches on patents. The other day I found a patent for an invention that is very very close to my idea. I even did a double take when I first saw it. I don't know why I couldn't find it before. It was patented in 2000 so no one stole my idea. My question is though is my idea still patentable? How different does it have to be? His claims for his invention are not what I would claim for mine and the design is different in a few ways. I have not finalized my design yet. It still has to have at least one more phase before I am satisfied with it. Is there anyone willing to sign a confidentiality agreement and look at this other patent and my idea to give me advice. I will need a lawyer when I go to patent it if I can but I can not afford to pay an attorney to find out that it is not patentable at all and I have wasted years of time and loads of money.

Thanks


Asked on 1/25/08, 9:33 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Patentablilty of an Invention

The question turn on whether your invention is distinctively different than the other person claimed in his invention. This can be ascertained through a novelty analysis which can be done by an agent or an attorney. May I suggest a patent agent who in general are cheaper than an attorney. He has the same technical knowledge to evaluate your invention, but has not attended law school.

Good Luck!

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Answered on 1/25/08, 10:15 am


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