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Patent Questions and Advice / Re: Can you patent a use for gorilla glass?
« Last post by Brad on April 24, 2022, 06:27:55 PM »
Unless you are using the glass for a completely unique and almost wacky application it would be near impossible to get a "new use" patent application approved.   I know there are websites and even some patent attorneys who still say you can get a patent on a "new use for known material" but in my experience they are very hard and expensive to get approved and anyone who tells you it is possible should be willing to show you some recent examples of patents they got approved for a new use of a known material (I would bet they cannot). 

For example, if your use of Gorilla glass was a new type of bone implant for humans that may have a chance but the use of a protective glass for phones being used as a protective glass for automobiles or other applications is a fairly easy obvious rejection for the patent examiner to make. 
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Patent Questions and Advice / Can you patent a use for gorilla glass?
« Last post by acornell on April 24, 2022, 04:39:20 PM »
Can you patent a use for gorilla glass?

The gorilla glass itself seems to be patented:
https://www.corning.com/worldwide/en/patent-notices.html

Are these the only patents that can be had? Or could someone patent a *use* for their gorilla glass?

Although gorilla glass was developed for smart phones, it is now being adapted for use in automobiles as a lightweight, super-strong windshield:
https://www.youtube.com/watch?v=3UHzAb8ko24

There was about a year of research that went into creating that successful three-layer laminate.

Was their idea of using gorilla glass as a car windshield a *patentable* idea? Or does it fail the "non-obvious" requirement?

Their idea seems to check all of the other boxes: new and novel, original, useful... I imagine the use of gorilla glass will become standard in the automotive industry over time. But was it patentable?

(I have an analogous idea, using a totally different material, that could be also be widely beneficial.)
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Patent Questions and Advice / Re: Public Disclosure
« Last post by danm on April 20, 2022, 11:08:47 PM »
Thanks for your quick response and suggestion, Brad.  Much appreciated!
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Patent Questions and Advice / Re: Public Disclosure
« Last post by Brad on April 20, 2022, 08:46:39 PM »
In your case the "on sale bar" may be more relevant.  You only have one year from your first sale or offer for sale to get your patent filed:  https://en.wikipedia.org/wiki/On-sale_bar

If I remember correctly, even secret or non-public sales can still count against you. 

In your case you may need to think of some new improvement or new feature that was not part of the original sale and file a patent that focuses on the new/improved machine with the new feature.   Ideally you can still get that patent approved but the risk/downside is that your original machine (without the new improvement) can still be made and sold my your competition. 
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Patent Questions and Advice / Public Disclosure
« Last post by danm on April 20, 2022, 03:06:32 PM »
I would like to file a provisional patent application for my invention:  a machine for inspecting external surfaces of cylindrical parts for defects in a production environment.  However, I am not sure when the one-year grace period of public disclosure begins.  My company accepted an order to develop such a machine and delivered it on 2/5/21 to a private customer.  While on the customer site, the machine was tested and refined (changed somewhat).  The machine was then put into production on 6/24/21.  My company had not advertised the machine or disclosed it to the public until we created a website for that purpose on 5/23/21.  Certainly, we made a public disclosure then.  I am not sure if the delivery of the (unproven) machine on 2/5/21 constitutes public disclosure or not, since the delivery was the result of a private transaction between my company and the customer.  My company did not have a non-disclosure agreement with the customer.  My basic question:  "Was public disclosure made on 5/23/21 (website) or 2/5/21 (delivery)?"
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Yes or label them 350A and 350B and note in the spec. where they are located. 
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If the pieces are the same I would leave the numbering the same, even if they appear in more than once spot.
...

OK, thanks.  But in this case, the items are mirror images, like a left hand and a right hand.

I think I will have to give them unique identifiers.
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If the pieces are the same I would leave the numbering the same, even if they appear in more than once spot.  Ideally you have a way to identify them and their location such a "a first panel 450 is located on a top side XXX of the body YYY".

Here XXX and YYY should be labeled in your figures.

We have also sometimes used the suffix A and B such as panel 350A and panel 350B.
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Hi,
I am working on a utility patent for a rather complex item.  It has a lot of features which are identical on opposite ends, except they are mirror images.  They are functionally indistinguishable, and I would like to indicate them by the same reference numbers.  Is this permissible?  It would result in a much more concise and readable description.

Another question which is related:

I have a part which is made as an assembly of other parts.
I refer to the part as for example side body 340

In several embodiments side body 340 comprises a wooden panel 450 and other related parts.

In each of these embodiments, wooden panel 450 is of a different construction.  For example, in the first embodiment wooden panel 450 comprises a single piece of wood, for example a piece of plywood. In the second embodiment wooden panel 450 comprises a plurality of members having tongue and groove joints, etc.
Is it permissible to identify the side body as item 340 in all of the embodiments as it is the same item in a certain sense, and to refer to the different wooden panels as item 450 because they are identically wooden panels, or does everything need a separate designation?

It appears to me clearest and easiest to understand if the side panel is always 340, and the wooden panel is always 450, but I fear I will need to have separate designators, which will make both the drawings and description much more dense.

Please advise!
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Thanks Brad.

Another thing I can do is to start building a prototype without disclosing it to the public. If I file my RPA or non-provisional application and foreign applications as late as possible it will be more than a year before my RPA gets published. Then hopefully by that time it will be too late for the other inventor to change his claims and I'll have my prototype ready to show to the world.

Update February 5, 2022

I just discovered https://globaldossier.uspto.gov/ and was able to see the EP's WRITTEN OPINION OF THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY from 2020 showing their objection to all of this inventor's claims.

I also saw that the actual EP's examination had just started last month but don't know how long this will take. I do not think this inventor has filed an application for this invention in the US even though he has done this for his other inventions.
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