On 2/7/12 2:06 PM, Jack/W6NF wrote:
> Okay...if the technical aspects of a product is well-known, and not
> patentable in and of itself, then only the specifics of production and
> packaging are part of the protection of the patent.
That's only one kind of patent (a method patent).
You can also have a patent on the arrangement and function of the
pieces. That's the usual kind of patent.
And also (although weaker) a "design patent" Those have a D at the
beginning of the number and are used for things with a unique design in
the "art" sense. Fabric patterns or a particular design for a fork
would be subject to design patents.
Design patents are trivial to design around, because you can change one
small thing.
I've heard about a
> pharmaceutical company that attempted to patent a medication on the
> basis of alterations in capsule shape and color. I don't believe that
> got very far.
They could attempt trademark (see, e.g. Christian Laboutin shoes and
their red soles)
Or they could go for "design patent"... our pill has a particular plaid
paint job.
>
> If the "method" is duplicated that's one thing but if the packaging and
> assembly of well-known circuitry is substantially different then what is
> the basis for an infringement claim?
>
> There are quite a few of us interested in the answer.
>
>
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