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Copyright & Patents/Two PPA questions

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Expert: - 8/12/2011


Question
Hi,

I have been working on a product idea dealing with bedding and intend to file a PPA first. There are several embodiments I envision. I found one of the embodiments created by someone else. They are not commercializing it. The person has a blog that talks about crafts and sewing and they put together this embodiment as a "how-to" for their readers. I know if it were a product on the market I wouldn't be able to patent it, but what about this case?

Also, I see several embodiments with only slight changes to the way they are put together (e.g. pieces being sewn together vs. a temporary attachment of zipper/velcro/tied on/etc)), not their functionality. Do I need images for each embodiment? Right now, in my descriptions I talk about them being "attached" so as to leave it open as to whether it's detachable or not.

Thanks,

David

Answer
1. Only the inventor can apply for a patent. Someone else did it first & it is a matter of public record. So, no, on your first question.

2. On the second, I am not sure what you are asking. If you have a different invention than the first, and you have many ways to attach something, show the preferred embodiment and mention the other ways to do it also, "as obvious to anyone skilled in the art".

I hope this helps.

Best wishes on your p;rojects!

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George H. Morgan, P.E., Patent Agent

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U.S. Patent Law only, no copyright or trademark qualification. I was a volunteer in the past, but my homeland defense activities pulled me away at times, and I was dropped. If you want me back, I am willing to come back.

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Thirty one years as a Registered U.S. Patent Agent and a lifetime in product and manufacturing process and methods development as well as sales and marketing of new products with a number of blue chip corporations.

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Rotary, Society of Automotive Engineers, American Army Aviation Association, Registered Professional Engineer, St. Vincent De Paul Society, Indiana Guard Reserve Officer

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B.S. in Mechanical Engineering (Machine Design Option), L.S.U., Baton Rouge, Louisiana; M.S. in Mechanical Engineering (Heat Transfer and Thermodynamics Option), University of Missouri at Rolla, Missouri, Helicopter Maintenance Course, 18 weeks, Ft. Sill Army Aviation School, Troop Information and Education Leadership Course, Ft. Sill, Oklahoma, Numerous Society of Automotive Engineers Seminars, Dale Carnegie Management Training Instructors Course.

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Bausch & Lomb Science Award, Indiana Homeland Defense Service Ribbon, 2003.

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