Legal Question

Discussion in 'General Chat' started by kiteguy123, Jul 28, 2008.

  1. #1
    OK, I didn't know where to put this, but I decided against 'Legal Issues' because I'm not looking to set up a site or anything, just curious. Please tell me if I'm wrong :eek:

    Anyway, lets say that Apple, rather foolishly, never patented the idea of a touch screen phone with music and other apps (the iPhone). Could I then take advantage of this by patenting the idea, and then charging them to keep it?
    Or can you only patent before something is made??

    Thanks in advance,
    Simon
     
    kiteguy123, Jul 28, 2008 IP
  2. DeenaEsq

    DeenaEsq Peon

    Messages:
    215
    Likes Received:
    14
    Best Answers:
    0
    Trophy Points:
    0
    #2
    I only know about US law, but here's your brief primer on patent law in the US. You can only patent something if it's novel, non-obvious, functional innovation and you have to be able to describe it in sufficient detail to enable someone else how to understand how to do it. Here's your problem. Once a product hits the market and someone else has made it, it's not novel anymore. You wouldn't be successful in obtaining a patent.

    Hope that helps.

    Deena Burgess, Esq.
    ____________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Jul 28, 2008 IP
  3. kiteguy123

    kiteguy123 Guest

    Best Answers:
    0
    #3
    It does. I wasn't thinking of doing it, just curious. Thanks for clearing it up :D
     
    kiteguy123, Jul 28, 2008 IP