[TriEmbed] How can you tell if something is patented?

[John Wettroth]

One other funny wrinkle is any  “public disclosure” of an idea starts a one year timer running on the underlying IP.  The author/inventor has to apply within that year or the idea will not be patentable and can be used by anyone.  An academic paper is a public disclosure.  You might contact the author and just ask him if he or others applied for a patent.  Inventors don’t want to sue people, they want some remuneration or licensing fees for their IP, sometimes this can be very cheap especially if you’re doing something small and novel with their invention.
 
Also the Federal Government is immune from patent claims so if you’re doing something for NASA for example, they’re immune- consult an attorney on your liability as a contractor.
 
 
 
Regards,
John M. Wettroth
(984) 329-5420 (home)
(919) 349-9875 (cell) 
From: TriEmbed <triembed-bounces at triembed.org> On Behalf Of John Wettroth via TriEmbed
Sent: Thursday, November 11, 2021 5:14 AM
To: 'Charles West' <crwest at ncsu.edu>; TriEmbed <triembed at triembed.org>
Subject: Re: [TriEmbed] How can you tell if something is patented?
 
You (or often a patent law firm) do a “patent search”.  Its easier than ever for individuals these days because the US Patent and Trademark Office is online. (USPTO.GOV).  The site has a nice query engine and a great database of abstracts and the full text and graphics of all issued US patents going back pretty far.  It’s all free.  Its an amazing resource to see how things work, etc.
 
Like most things, there are a few caveats:
 
1.	Patents are complicated, they’re written in an arcane legalese that can obfuscate meaning.  The real meat of a patent is in the “claims”, these are especially obtuse but are really the key to patents.  They are written to be very general in order not to exclude things but it often hides meaning- you have to read very carefully and read between the lines.
2.	The patent process takes a while, generally a couple of years from filing to issuing.  You will only find issued patents on the USPTO site.
3.	A real “patent search” is looking not just for the exact invention but various evolutionary steps that led to it- this “prior art” is really key and can give you a history of how a given process or idea matured.
 
That’s enough to get started probably.  Patent attorneys are generally a friendly lot and are not so expensive.  “Registered Agents” are kind of the paralegals of the patent world and can be very cost effective.  You can contact an attorney or an agent and get a bit of free consultation that can be very helpful.  They do this stuff everyday and what is hard for you is simple for them.  You might be able to barter with a young attorney for their services.
 
Regards,
John M. Wettroth
(984) 329-5420 (home)
(919) 349-9875 (cell) 
From: TriEmbed <triembed-bounces at triembed.org <mailto:triembed-bounces at triembed.org> > On Behalf Of Charles West via TriEmbed
Sent: Wednesday, November 10, 2021 10:59 PM
To: TriEmbed <triembed at triembed.org <mailto:triembed at triembed.org> >
Subject: [TriEmbed] How can you tell if something is patented?
 
Hello,
 
BIt of a weird question.  Let me know if it's too off topic.
 
I found a really interesting published paper which details a cheap and relatively simple way to produce aerographene (made of graphene, in this case with a density around 3x that of air).  I've got some ideas of ways to use it for space applications, but I don't want to get sued.
 
If I may ask, how can you tell if a method outlined in a paper is OK to use commercially?
 
Thanks,
Charlie
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mail.triembed.org/pipermail/triembed_triembed.org/attachments/20211111/4b1e4b2e/attachment.htm>