Hi Ralph,

In a nutshell, the patent protects the idea, not the implementation of the idea. It is, after all, the idea that you're patenting, not the implementation of that idea.

If someone else, after you've protected your idea with patent registration, accomplishes the same thing, then they've violated your patent even if they came up with a wholly different implementation. On the other hand, if they can show that they improved upon your idea, then that improvment becomes their patent.

There's something else you should watch for regarding patents. There are utility patents, which are what everyone thinks of when they think of patents, and there are design patents, which are not.

Despite what you may think, design patents have everything to do with creativity and nothing to do with invention. A design patent is essentially copyrighting any feature or characteristic of something that is strictly asthetic, that has no bearing on the function of the device.

I saw a good example of the object lesson in this several years ago on a late night infomercial. Some scam artist was selling something called a "Q-Ray" bracelet. He claimed that it performed some sort of miracle-invigorating-rejuvenating-healing nonsense via something that he was calling "Q-rays." It was a bracelet with several metal wires twisted together in a rope fashion and bent into a C-shape. Metal balls terminated the ends. It was to be slipped over the wrist.

More importantly it was a complete and unvarnished scam. The seller made sure that everyone knew it was patented by repeating loudly and often that it was protected by Patent # blah-blah-blah issued by the United States Patent Office.

The point is that his patent was a design patent, not a utility patent, but the seller made certain that his targeted audience got the impression that his product was some kind of new invention.

Forewarned is forearmed. When someone says that something is patented, make sure you know exactly what is, and more importantly what is not, patented. Even if someone has a utility patent, you can still use that as a basis from which to make improvements.

Joe