Patent and Invention Help Forum

process or method patent

process or method patent
« on: May 03, 2015, 04:53:12 PM »
I have seen a similar type of process that has been allowed a patent so I am fairly confident a patent is possible. Although when the information is made public most of the benefits of the process can be taken from the source and the benefits used across the industry. So my question is can I offer to license the whole industry to use this process and its very beneficial information?
 Second part of my question is if I do get allowed a patent what rights do I have as to the process? I would assume I would have to right to advertise all the relevant information as it pertains to the use of the products it affects. I would think I would be able use all the helpful information in user manuals and you tube advertisements.
 Thirdly any group or company who refused to license the information, would I be able to keep them from using this information to help explain the use of their products or make their product appear as good as those guys who are advertising the helpful information?

Thanks for your help and comments

Brad

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Re: process or method patent
« Reply #1 on: May 04, 2015, 02:21:35 PM »
Hi.  Sorry but I don't fully understand your questions.  I will try to answer them though:

1)  Once you have a patent allowed you can license this patent to each company you think may find it useful.   

2)  If you patent is allowed, you will have the right to stop others from using that process.  This is a very important part to understand about the patent.  A patent does not let you DO anything, however, it lets you stop other people from copying your patented invention.    For example, if I got a patent on a process to cure cancer using garlic powder and orange juice, that does not mean I can start advertising that my process cures cancer because that would require separate approval from the US Food and Drug Administration (FDA).

3)  If you have a patent on a process you can stop others from using that process.  You cannot stop them from using your data or information unless you have protected that (perhaps with a copyright).    Note I am not a copyright attorney so please don't take this as legal advice. 
My free patent template: https://patentfile.org/free-provisional-patent-template/

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: process or method patent
« Reply #2 on: May 04, 2015, 03:57:52 PM »
Okay thanks for the answer, as to part 3 of your answer. That part is new information to me and I would like to hear more about it. So lets say that I have a process that when followed will up set a compound bow to be able to hit it's intended target at twice the distance it is capable of under the current sighting and aiming system. It requires no new additions to the compound bow.
 Now if I am allowed a patent for this useful process and license company A to use this process to sell their new compound bows. Once the information is made public other people and companies will see that they can apply the process to their own equipment and have most of the benefits of the process. Would I be able to stop them (companies) from using this information to sell their compound bows. Even though you do not need an invention to use the process. In this case if the answer is yes I can stop them from advertising the process or parts of the process. Then it seems to me it is a viable option (economically) to file the patent on a process that can benefit all who use compound bows.
 Hopefully a company or companies would still see it as an advantage to be licensed to advertise and use the process to promote their compound bow.



Brad

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Re: process or method patent
« Reply #3 on: May 11, 2015, 11:56:17 AM »
Yes.  In theory if you have a patent that covers the process of setting up a compound bow to do XYZ then you should be able to stop other companies from doing that process or telling others how to do that process. 

(note this is not legal advice just basic information about patents) 
My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

 

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