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

Pete Soper pete at soper.us
Thu Nov 11 19:05:25 CST 2021


To amplify John's point that "The patent process takes a while, 
generally a couple of years from filing to issuing.", a "couple" in this 
case might be more than two. I don't think it follows that the 2019 
paper must be connected to a patent or not 'cause it's 2021.

The three patents I was involved with went like this. The inventions 
were dreamed up between 2000 and 2004. We published in Software Practice 
and Experience in February, 2005. The patents were granted in 2010, 2011 
and 2013. But maybe this was all before the one year rule? No idea.

Also, Shane Trent is a patent agent. As this group might imagine from 
reading his postings over the years, watching his presentations, 
conversations, etc, his background and experience make for a very potent 
and effective combination of experience and credentials.

Full disclosure: I have worked with Shane in various situations over the 
years.

-Pete

On 11/11/21 05:13, John Wettroth via TriEmbed wrote:
>
> 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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