Expert: Kacey Cahill - 3/9/2009

Question
I have lots of ideas for either new products or new ideas or maybe a different way something should be done in a company/organization.  I have written down many dozens of ideas over the years!

I'm trying to find a way to make some money out of this but I don't understand what kind of ideas can be patented.

I have 2 questions:

1: is there any general reading you can direct me to that will explain what is and isn't conidered intellectual property?

2.  One specific question: some of my ideas are a bit like the dyson ball vacuum cleaner.  i.e. a vacuum isn't a new idea, A ball isn't a new idea (there are already ball wheelbarrows) BUT putting a ball on a vacuum cleaner IS a new idea.  Can that kind of idea be patented? and how technical/detailed does a specification have to be?

Thank you!  

Answer
Let me take a crack at giving you a high level analysis-- patents protect "inventions" that are "reduced to practice."  They do not protect abstract ideas per se, discoveries in nature, or things that would essntially be an intellectual idea that is put on a computer.  Ok, that being said, you invention must be novel, nonobvious and useful.  In other words, you have to be the first to think of it, it can't be a perpetual motion machine and it can't be an obvious extensive of things already out there (usually you can see the non-obvious arguments going toward why there is such a big problem and all of the other guys are looking at it the wrong way).

Second question -- yes you can improve things that are out there -- that is what most inventions do.  You will have to overcome the obviousness test I just atempted to explain, but lots of people have.  Many inventions take things that are used in one technology space and apply them to a completely different technology in a novel way to solve a problem.  For example.   Spackle -- problem, you don't know when it is dry, and if you sand when it is wet, you destroy the spackle job.  Along comes smart inventor, and dies the spackle pink.  The pink fades to white when the spackle is dry -- INVENTION.  I hope this example helps.  Now, to be clear, when you have an improvement patent, the people that would be practising your invention would also need a license from the underlying patent holder -- keep that in mind when you are thinking about your marketing plans.

I hope this helps, but please understand that this is intended for education purposes and not as legal advice.

Kind regards,

Kacey Cahill
Principal, Kacey Cahill Law
kcahill@kaceylaw.com
www.kaceylaw.com