Xref: utzoo misc.legal:13585 sci.electronics:9628
Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!texbell!wuarchive!brutus.cs.uiuc.edu!zaphod.mps.ohio-state.edu!think!mintaka!oliveb!pyramid!weitek!practic!vlsisj!davidc
From: davidc@vlsisj.VLSI.COM (David Chapman)
Newsgroups: misc.legal,sci.electronics
Subject: Re: Patents
Message-ID: <15443@vlsisj.VLSI.COM>
Date: 17 Jan 90 03:15:10 GMT
References: <1311@corpane.UUCP>
Reply-To: davidc@vlsisj.UUCP (David Chapman)
Distribution: usa
Organization: VLSI Technology Inc., San Jose, CA
Lines: 61

In article <1311@corpane.UUCP> sparks@corpane.UUCP (John Sparks) writes:
>Could someone give me a general rundown on how to apply for a patent?
>
>Let's say I had an idea for an invention, what is needed to get a patent?
>Do I just have to have a detailed description, or is an actual working model
>necessary? 

You need only a description to get a patent.  This is why the Patent Office
gets applications for perpetual motion machines.  :-)

>If just a detailed description, how detailed? Are details of parts and how
>they interact enough or is a full schematic needed?

The patent application needs to be detailed enough that one "skilled in the
art" of whatever field it falls in (Electrical Engineering, here) could
build one from your description.  You tell the world how to build it in
return for a 17-year monopoly on it.

>The thing I am thinking of consists of various sensors (already existing types)
>and a computer (any kind will do) that serve a specific function. That is: The
>way the parts are put together and used is the invention, not the individual
>parts. Can I patent such a thing?
>
>What is done about using any parts that are already patented (the sensors)?

My patent (#4,849,313 :-) is a "Method for Making a Reticle Mask" (for IC
fabrication) such that alignment tolerances can be checked.  It works in
large part because of the way that Electron-Beam exposure systems are
designed.  Obviously I didn't invent them and I don't have to pay the
owners of the patents covering E-beam systems anything.

So the answer to your question is "yes, the assemblage can be patented."

>Do I have to detail just the parts involved and how they are used in the
>gadget, or do I have to actually have to get into the programming and 
>electronics of the computer and sensors?

See "skilled in the art" above.  Beyond that, I'm not qualified to say.

So far I've told you the good news - yes, your invention may be patentable.
The bad news is that it is not easy to get a patent.  The language on a
patent application is legalese at its worst.  You almost have to get a 
patent attorney to file it for you.  Mine was developed in the course of 
my work here at VLSI Technology, so they paid for the patent application 
process, and I'm glad.  A patent search alone (to ensure that no one else
has patented what you want to patent) can cost $300.  You can expect to 
pay $3K (I think) for the overall patent process, and wait up to 2 years 
after filing.

If you want, I can send you a bit more information via E-mail about the 
work I did to get my patent.  If there's enough interest I'll post.

P.S.  I note that distribution on this posting is "usa"; be forewarned that
      patent law is dramatically different in most other nations.  A patent
      here does not protect you against people using your invention in other
      countries!
-- 
		David Chapman

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