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I am in the process of creating a visual medium that is both

 
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Customer Question

I am in the process of creating a visual medium that is both unique and currently not available. I want to also take the visuals as "icons" and apply to the personal computer.
I have come across an existing patent that encompasses the use of icons and their usage that is identical to my ideas for computer usage. However, one major issue is different. The existing patent which was applied for in 2006 and has subsequently been granted as of Oct. 2011 mentions the use of a point and select device (mouse) to activate the icons.
I am suggesting a touch screen where you use finger manipulation to activate. This is most likely written this way because the touch screen devices were not either manufactured or popular in 2006. Is it possible to literally take the available patent information and make this change to it and file it as an addendum under a new name.

 

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State/Country relating to question: Maryland

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I am also moving forward with this idea to be used on textiles and porcelain products. The images have a wide range. I am wondering if a patent is available for this unique design idea.

Submitted: 401 days and 16 hours ago.
Category: Intellectual Property Law
Value: $79
Status: CLOSED

Accepted Answer

Picture
Expert:  BartEsq replied401 days and 16 hours ago.


BartEsq :

Hello, Im researching your answer now.

BartEsq :

The only thing you might have a problem with is the non-obvious requirment.

BartEsq :

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_103.htm

BartEsq :

For your reference, here is a link to the statute that requires patents to be non-obvious.

BartEsq :

There also has to be significant modification to existing patents in order for them to be granted.

Customer :

I understand... however, most computers work in the point and click world. With the advent of touch screens why would he not update the info. The Iphone was released in July 2007 and the published date on the patent application was Mar. 2008.

BartEsq :

Taking care of intellectual property rights is an endless task. They owner may have just gotten lazy or is not concerned with it. This may be good for you, patent law is first come first serve.

BartEsq :

http://en.wikipedia.org/wiki/List_of_United_States_patent_law_cases

BartEsq :

I think you might like this list of IP cases.

Customer :

Ok. Here is the "icon" idea. I need to know if this is patentable or falls under copyright. "An individual can go to a secure website and order a personal string of icon images that depict their life. Where they went to highschool, college, what sports they played, hobbies,

Customer :

Hobbies etc. They buy the visual string and it can be output in a variety of ways. Because everyone would be different I don't believe you could copyright it. However the process to create each unique string would be possibly a patentable structure.

Customer :

Did I lose you?

BartEsq :

http://wraltechwire.com/business/tech_wire/opinion/story/1155585/

Please read this article. I think you might be eligible for a utility patent.

Customer :

Thanks,

BartEsq :

Let me know if you need anything else. Please contact me if you have any problems. You can request me directly or just put "To Bart" at the beginning of your question. Please remember to "ACCEPT" so I can get credit for my work. Positive Feedback and Bonus is not mandatory but appreciated.

Expert TypeResearcher
Category: Intellectual Property Law
Pos. Feedback: 100.0 %
Accepts: 192
Answered: 5/14/2012

Experience: Juris Doctor

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