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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111605
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Technology A) exists to solve problem(1), technology A costs

Customer Question

Technology A) exists to solve problem(1), technology A costs $10k. Technology B) exists to solve problem 2. Technology C) needs technology A) to solve it's problem,(1). People who use technology C) only have access to technology A) if only they can afford $10k and not B). If I come up with an idea (technology D) that connects technology C) to technology B. So solving problem (2) for those who use technology C. at the same time technology B) will also solve problem 1 among other problems. And so eliminates the need to spend $10k to only solve problem 1. Now both problem 1 and 2 are solved for users of technology C) by a simple connection. If the only idea I have that can be called originally from me is the idea to connect (technology d) will I be able to patent the idea to connect B & C as intellectual property especially if no one has ever came up with it, taught, suggested or motivated others to connect B & C. Once companies are informed about the connection B&c and how it'll solve
Submitted: 4 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot get a patent to just link together B&C, that would be incorporating existing patents to a new use, which would be derivative use and violate the patent rights of the other two patent holders. So you could not patent the idea (d) to connect B&C, that would not be something that is legally capable of patent.
Customer: replied 4 months ago.
I understand that B&C was already patented by the owner of B&C, what about the the connector (link) between B&C which never existed before.. ?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

If there is a physical product "D" that links B &C, then D can be patented separately. If D is merely an idea to connect B&C, then an idea is not capable of a patent.

Customer: replied 4 months ago.
I can't patent the idea before making an actual product?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
No an idea cannot be patented, copyrighted or trademarked, it must be an existing product to patent (plans and at least physical prototype).
Customer: replied 4 months ago.
That seems to defeat the purpose of patent, if only after actual product is devoloped, what if the designers engineers who are developing beats the original thinker of the product by taking a copy of the product and patenting it?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
It does not defeat any purpose. Those working on a product are either employees bound by fiduciary duty or work together under a signed non-disclosure/non-use agreement to develop the product, meaning those working on the product for the developer cannot take the product and patent it.
Customer: replied 4 months ago.
mark zuckerberg copied the idea and now he is successful not the original persons. other than the non-use-or disclosure agreement is there anything else a person can do to protect his idea?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Unfortunately, if you want to patent or copyright an idea, you have to change the law. And by the way, Zuckerberg did not have a non-compete/non-solicitation/disclosure agreement. But those are the common types of agreements used to prevent those working on them from taking them elsewhere. They work fine for drug companies and many other companies who develop items with their employees and patent them all the time.
Customer: replied 4 months ago.
That clears alot, just one more question, once developed and released for consumers can someone use the same idea to develop a different version of connecting B&C even though my product that does that is patented.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Yes, if someone comes up with some other means of connecting B&C, they can do so and patent that was well.

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