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Asked in CA May 26, 2022 ,  0 answers Visitors: 2

Patenting an idea

Let's say that I thought of a new way to apply the use of a newly designed bicycle. The bike is a new invention that has a patent pending itself. However, it is still a bike. Let's say, for argument sake, the gear mechanism on the bike is new, unique and different, allowing the rider to peddle less but travel farther. Now let's say that I thought of a cool way to use this type of bike for entertainment and recreation that the manufacturer may have never thought of. Can I patent the idea that I have for the use of said bike? Not the bike itself but the idea on how it could be used.

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2 Answers

Anonymous
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Posted on / Jun. 13, 2007 14:31:00

Re: Patenting an idea

That is correct. Ideas themselves are not patentable. It must "enable one skilled in the art to reduce it to practice". The idea should be manifested into a software, device, etc, something to make it an actual invention.

Additionally, you may have problems if your patent incorporates another technology that is already patented. If you simply are using some one else's patent for a new application, you could still get sued even if the application is different. Note, that questions of patentability and infringement are very different are require separate analysis.

Anonymous
Reply

Posted on / Jun. 13, 2007 14:31:00

Re: Patenting an idea

That is correct. Ideas themselves are not patentable. It must "enable one skilled in the art to reduce it to practice". The idea should be manifested into a software, device, etc, something to make it an actual invention.

Additionally, you may have problems if your patent incorporates another technology that is already patented. If you simply are using some one else's patent for a new application, you could still get sued even if the application is different. Note, that questions of patentability and infringement are very different are require separate analysis.

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