Re: Jones Tactical RIPPING OFF Skid Plate!
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Tactical</div><div class="ubbcode-body">Downzero, you obviously just changed your profile to exclude the prior mention of Law School. I see now it has been changed. I read it there when you where telling what the law was. That was the reason for the question. Please no revisionist history on that subject. I understand from PM you are not a Lawyer.
As to what law says as before please site cases and or code you are reading from. Many years of working investigations taught me to read laws and case law for myself. Until then I will stick with what several lawyers have told me. </div></div>
Sure thing. As to the question, "Can you own an idea"? I stated that the answer is no. I will demonstrate that the clear answer is no. Let me be very clear that I'm not a professional in this area. I know how capitalism is supposed to work and I have a BA degree in Economics. I also know how to read, so hopefully my reading skills will prove useful here.
This came from here:
http://www.uspto.gov/web/offices/pac/doc/general/index.html#whatpat
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">What Can Be Patented
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon 42 U.S.C. 2181 (a).
The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
<span style="font-weight: bold">A patent cannot be obtained upon a mere idea or suggestion.</span> The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required. </div></div>
I hope this establishes that a patent cannot be based on an idea. Therefore, if one can own an idea, he cannot do so under patent law.
This came from here:
http://www.uspto.gov/faq/trademarks.jsp#DefineTrademark
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.</div></div>
This one ought to be obvious. A trademark protects a brand name or a symbol that people recognize as associated with a market product. Therefore, trademarks do not protect an "idea," either.
This came from here:
http://www.copyright.gov/help/faq/faq-protect.html
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. <span style="font-weight: bold">Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.</span> See Circular 1, Copyright Basics, section "What Works Are Protected." </div></div>
I hope we're clear on this now. Neither patent, trademark, nor copyright protects ideas. Nobody can own an idea.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Tactical</div><div class="ubbcode-body">Downzero, you obviously just changed your profile to exclude the prior mention of Law School. I see now it has been changed. I read it there when you where telling what the law was. That was the reason for the question. Please no revisionist history on that subject. I understand from PM you are not a Lawyer.
As to what law says as before please site cases and or code you are reading from. Many years of working investigations taught me to read laws and case law for myself. Until then I will stick with what several lawyers have told me. </div></div>
Sure thing. As to the question, "Can you own an idea"? I stated that the answer is no. I will demonstrate that the clear answer is no. Let me be very clear that I'm not a professional in this area. I know how capitalism is supposed to work and I have a BA degree in Economics. I also know how to read, so hopefully my reading skills will prove useful here.
This came from here:
http://www.uspto.gov/web/offices/pac/doc/general/index.html#whatpat
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">What Can Be Patented
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon 42 U.S.C. 2181 (a).
The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
<span style="font-weight: bold">A patent cannot be obtained upon a mere idea or suggestion.</span> The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required. </div></div>
I hope this establishes that a patent cannot be based on an idea. Therefore, if one can own an idea, he cannot do so under patent law.
This came from here:
http://www.uspto.gov/faq/trademarks.jsp#DefineTrademark
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.</div></div>
This one ought to be obvious. A trademark protects a brand name or a symbol that people recognize as associated with a market product. Therefore, trademarks do not protect an "idea," either.
This came from here:
http://www.copyright.gov/help/faq/faq-protect.html
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. <span style="font-weight: bold">Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.</span> See Circular 1, Copyright Basics, section "What Works Are Protected." </div></div>
I hope we're clear on this now. Neither patent, trademark, nor copyright protects ideas. Nobody can own an idea.
