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

[Charles West]

That's a really good point.  The paper came out in 2019, so it should
either be patented or not patentable by now.  Thanks!

On Thu, Nov 11, 2021 at 7:24 AM John Wettroth <jwet at mindspring.com> wrote:

> 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> *On Behalf Of *Charles
> West via TriEmbed
> *Sent:* Wednesday, November 10, 2021 10:59 PM
> *To:* TriEmbed <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
>
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