Patents question

J

jman0

Guest
I've an idea for a type of device, however i found that there is a US Patent for something very similiar.
I don't know anything about patents, should i presume that a US patent means my idea is essentially taken?
 
An invention must be new to be suitable for patent protection. If a patent exists in another jurisdiction for the same thing, then that forms part of the "prior art" and could invalidate a later patent application. See the Patent Office for details. By the sound of it, you'd fall foul of the novelty requirement.
 
Right, i thought as much.
However, that site also says "Patents are territorial, in effect e.g. an Irish patent is only valid in Ireland."
The device i had in mind is not being manufactured, insofar as i can tell. Now maybe it's because the US patent holders are justing sitting on it and not allowing manufacture.
Is a US Patent enforceable, or valid in the EU?
I presume it is.
I'm not sure what the point of having an irish patent is, if that's the case.
(instead should people just try to get a us one?)

Also, if i attempted to patent my device, who's responsibilty would it be to determine the Novelty component? What if i didn't know the same device is already patented. Could there be enough differences between my design and the existing one that it is now patentable?
 
jman0 said:
Right, i thought as much.
However, that site also says "Patents are territorial, in effect e.g. an Irish patent is only valid in Ireland."
The device i had in mind is not being manufactured, insofar as i can tell. Now maybe it's because the US patent holders are justing sitting on it and not allowing manufacture.
Is a US Patent enforceable, or valid in the EU?
I presume it is.
I'm not sure what the point of having an irish patent is, if that's the case.
(instead should people just try to get a us one?)

Also, if i attempted to patent my device, who's responsibilty would it be to determine the Novelty component? What if i didn't know the same device is already patented. Could there be enough differences between my design and the existing one that it is now patentable?
Click to expand...


You should consult with a patent attorney/agent in respect of those detailed questions. A US patent is not enforceable in Ireland, however any published patent or published patent application (worldwide) forms part of the prior art. There are conditions relating to having to use/manufacture the subject matter of the patent ("use it or lose it") but you should seek specialist advice if you are relying on this exception. If your invention is different to the existing one, it could be patentable, so long as it is new and "non-obvious" - again, a determination that should be made in conjunction with a qualified patent attorney before application is made. It is the patent examiner's job to look through existing prior art to determine patentability (and your job to disclose all prior art known to you).
 
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