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100 yr old patent

cowgirl8's Avatar

I had my patent lawyer do a patent search on a inventing I made. Took him a while but he found a 100 yr old patent. As far as I can tell, it never went anywhere. But, this makes getting a patent a no go for me. Its a very simple one function invention with limited ways to change it.

So, where does that put me? Since its simple, once the idea is out anyone can make it right? How do you protect yourself when there is a 100yr old patent?

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cowgirl8's Avatar

My patent guy seems to think it would me mute to try getting a patent by changing it.

I think the original inventor failed because of timing. They did not have internet to get it out. This item would and will go viral. I finally came up with a catchy name that is free to use, a stuck in your head kind of name..lol. There are a few things I could do as far as accessories that would make it different. There are many accessories I have made to make it user friendly. My original thought was there was no point in patenting them if I get the main thing patented.  I could try to get a patent by changing something, at least a patent pending would ward off any copiers..right?

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cowgirl8's Avatar

Oh, I know, but its helps to have it PPA just to keep anyone from taking it and hoping to beat you to the finish line....The process is so slow, any head start has to help.....

I was put in a tractor today to cut hay and that gave me lots of time to think. I just might be able to get a patent by adding this one thing. I'm going to go back and review the 100 yr old patent on this thing.. If they don't have this one important thing, I just might go ahead with it....totally changes it..

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shmidster's Avatar

are you sure an item from 1917 would go viral today???

Not saying it can't but don't you think it sounds a little funny

Anyway, I am sure there is some way to improve on it in one hundred years... to get a new patent  

Or don't get a patent, just get patent pending and a trademark 

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cowgirl8's Avatar

I think its timing. Back then, this device would have cost money that most would think is pointless..My invention would allow city people to have something laws say they cant unless they do this one thing that now would cost a lot of money, take up a lot of room. But with my invention, its cheap and takes up no room..lol.....And when people see this on the internet, it will go viral.

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cowgirl8's Avatar

Its all so confusing.....

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cowgirl8's Avatar

How do you protect things now?

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drk's Avatar

Roger:

Do you know if big box stores like Home Depot/Lowes sign NDA's?

My understanding is that they don't

thanks

John

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cowgirl8's Avatar

So say I go to Blue Hawk with a invention I came up with, a new type of screw driver. I've done a patent search and find an old patent on it. I pitch this new screw driver to BH. What is going to keep them from just making it and bypassing you?

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drk's Avatar

Thanks Roger!

to Cowgirl 8's point I looked over an NDA and didn't sign it because it said it doesn't cover anything which is already in the public domain

so if there is a 100 year old patent then that is public domain right?

Roger, how can I purchase your book with a credit card, I don't use PayPal

Thanks

John

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drk's Avatar

okay thanks

just did

do you do any consultation?

John

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drk's Avatar

i look forward to gettting it

thank you

if you get an opening let me know

John

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