As my first patent agent described to me, "You can patent a chocolate cake,
but if you don't specify the recipe correctly as per a proper patent
description, your expensive patent is worth nothing."

Here's the deal: you don't have to have ever baked a chocolate cake before,
but you can conjure one up in your mind with a list of ingredients and a
fabrication method.  But who would want to eat it if it wasn't any good,
anyway?  So you should have a really, really great chocolate cake recipe you
can consistently reproduce before you try to patent it.

And when you patent it, the language of the description and the diagram that
describes it (more applicable to machines and circuits, of course) form the
legal boundaries of your intellectual property claim.  If it is granted,
that's exactly what you "own."

So if your chocolate cake recipe describes "1-1/4 cup all-purpose flour,
...." and someone decides to use a different amount of flour, they have just
stepped around your patent that was made worthless because of the incorrect
language used to describe it.  Read a patent for something with a chemical
compound sometime and you'll most likely see a range of ingredients rather
than a single amount.

And that's where the experience of your patent agent or patent attorney
comes in, so get a damned good one.

Respectfully,

Adam Phillip Churvis 
President
Productivity Enhancement


> -----Original Message-----
> From: G Money [mailto:[EMAIL PROTECTED]
> Sent: Monday, April 28, 2008 9:50 AM
> To: CF-Community
> Subject: Re: patent question
> 
> That seems weird.
> 
> I think a flying carpet would be a good idea....can I just patent
> "Flying
> carpet" and if/when one ever actually gets built, I can rake in the
> dough?
> 
> On Mon, Apr 28, 2008 at 8:39 AM, J.J. Merrick <[EMAIL PROTECTED]>
> wrote:
> 
> > From what I remember you just submit paperwork on the idea and that
> > the actual fabrication can come later. Trust me... if you ever look
> at
> > the patent archive most of them are hairbrain ideas that couldn't
> ever
> > possibly work but the inventor thinks it can on paper and makes sure
> > that it is his legal right to own it before anyone else does it.
> >
> >
> > J.J.
> >
> > On Mon, Apr 28, 2008 at 8:29 AM, Scott Stewart
> > <[EMAIL PROTECTED]> wrote:
> > > I don't know if anyone has an answer.. but..
> > >
> > >
> > >
> > >  Is it possible to patent an idea for a product? I have an idea,
> but I
> > don't
> > >  have the electronic or fabrication skills to implement it.
> > >
> > >  So I'm wondering if I can patent the concept, without a prototype.
> > >
> > >
> > >
> > >  --
> > >
> > >  Scott Stewart
> > >
> > >  ColdFusion Developer
> > >
> > >
> > >
> > >  SSTWebworks
> > >
> > >  4405 Oakshyre Way
> > >
> > >  Raleigh, NC. 27616
> > >
> > >  (919) 874-6229 (home)
> > >
> > >  (703) 220-2835 (cell)
> > >
> > >
> > >
> > >
> > >  No virus found in this outgoing message.
> > >  Checked by AVG.
> > >  Version: 7.5.524 / Virus Database: 269.23.5/1401 - Release Date:
> > 4/28/2008
> > >  7:18 AM
> > >
> > >
> > >
> > >
> >
> >
> 
> 

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