Can a Novel (and Useful) General Arrangement be Patented?

I had a conversation with an IP lawyer a few weeks ago and it changed my IP strategy dramatically. Since my last patent (assigned to employer) the US system has changed to "first to file" like most of the world. There is a step called a 'provisional patent' that is essentially granted indiscriminately. The importance is that what you submit for your provisional patent must contain ALL of what you need for a successful utility patent -consultation with a pat. atty. is highly recommended. Once submitted you have a year to file the general pat. In that year you can disclose and market your invention. If it takes off you will have an easier time getting the utility pat. filed.

About marine/naval... the industry has a particularly poor history of rewarding/respecting patents. General arrangement sounds unlikely to meet patent criteria or to be a 'strong, defensible patent'.

So 'can it be patented?' Possibly, provisional pat likely, utility not likely. Could it be profitable? Snowballs chance in hell.

 

Hi Skyak,
I appreciate your input.
Thank you.

 

If you were my friend, I will say;

1- Get the copyright (free and public like here)
2- Let the copy guys copy it and make big big money.
3- Find a shark (who know the law) who want a piece of the big fish
4- Get your part of the cake

 

What would be copyrighted - a drawing? How would that protect the idea?

 

Hi WecBoat,
I appreciate your input.
Thank you.

 

Hi DCockey,
I appreciate your input.
Thank you.

 

Yes a drawing.

It is automatically considered to be the intellectual property of the person who has committed them.

 

Anyone could build a boat based on the drawing without infringing the copyright. The copyright would only be infringed if they created a copy of the specific drawing without permission.

A post I made in another thread:

 

Well said David, I think you have covered most of the bases. I have been involved in several UK Patent Applications and a few registered Designs. In the UK we have a one year period from filing a Patent, to doing the searches, etc to confirm it is a unique application. This can be very expensive, say up to 300k in pounds sterling, or incredibly cheap depending on the idea. Upon filing, the idea in the Patent becomes publicly 'visible' so others have access to the idea.

It is not uncommon to show the idea to other people, using non dislosure agreements prior to filing. This allows a little more time to generate interest from parties that may benefit from the idea in the Patent. If it takes say 3 years work to create the 'idea' in reality, delaying the Patent filing is obviously beneficial.

Generally most designs do not generate enough difference to make it worth registering but any iconic form or combination of, may be. So an example might be the Coca Cola bottle or Marmite jar shape. It (Registered Design) is intended to prevent direct copying and impersonation of other items, let us say an I-phone but with an orange instead of an apple on it!.

If applying for a Patent, I would advise at least speaking to a Patent Agent, to help with wording the application. Any drawings on the application are there purely to support the idea contained in the Patent and need to be concise.

Normal working concept sketches and production drawings are deemed to be copyright of the individual or company. Notoriously hard to prove any cross overs of visual ideas, and expensive. It is still possible to keep a certain ammount of control, if you use non disclosure agreements even in the case of ideas that cannot be patented. At least until the item is released to the market.

 

Thanks David