Qualification of a Patent - Automotive

[FreshmanNewbie]

Apologies in advance if this question doesnot fall in this scope of the forum. If not, please guide me on what to do.

So, I have an idea in automotive.

The fundamental principle of the idea is already in the industry now and some automotives do have this within them.

However, I am not changing the principle. I am just proposing the system to change with a different set of ICs/circuits.

Does the above qualify as a patent? Also, I am not totally confident that whether the existing idea already uses what I am going to propose. But nevertheless, just want to give a try to file the patent.

Please let me know whether my changing of the circuit will qualify my idea to be a patent?

 

[kaz1]

The best people to answer you are those Patent experts.
I guess you mean your idea of using a new platform is the new element.
I expect a patent may not work for "what is obvious" or "what is in public domain".

It will cost a lot per country and remember various current systems may not replace all their equipment's just because an idea is better.

 

[KlausST]

Hi,

from my experience .. it seems that different countries have different rules/thresholds. (Which it should not)

I tried to apply for a couple of patents ... and they were refused ... with the reason it is "too low a new invention to be qualified as a patent".

Guess what: A couple of months / years later the same ideas became patented .. in a different country, by big semiconductor manufacturers.

Klaus

 

[FreshmanNewbie]

Hi,

from my experience .. it seems that different countries have different rules/thresholds. (Which it should not)

I tried to apply for a couple of patents ... and they were refused ... with the reason it is "too low a new invention to be qualified as a patent".

Guess what: A couple of months / years later the same ideas became patented .. in a different country, by big semiconductor manufacturers.

Klaus

Thank you for your clarification.

So, a new circuit with different ICs for the same phenomenon, might qualify as a patent in some countries and not in other countries?

 

[KlausST]

Hi,

I did not say this.

For example:
I had a new approch to reduce ripple/noise of SMPS.
I had no information that something like my idea existed in these days. I did patent research ... which showed no similar results.
No ICs existed at this time that did support my approach.

Klaus

 

[FvM]

So, a new circuit with different ICs for the same phenomenon, might qualify as a patent in some countries and not in other countries?

Most likely in no country. Presume you have read some patent applications. They generally start with stating "prior art" and then explain what's the new principle implemented with your invention and how it's achieved. Finally list several claims about unique details that distinguish your invention from known technique.

I'm under the impression that some big companies are good in filing unsubstantial patents to create the impression of a real invention. Either to hide that they are actually trying to circumvent existing patents or to impede competitors.

The major uncertainty in a patent examination is in the different and probably limited knowledge of examinators. The fact that a patent has been granted doesn't guarantee that it has been thoroughly reviewed and will stand an action of voidance.

 

[dick_freebird]

It's on you to identify the "innovation" and to demonstrate why it is unique.

This can be "highly fictive" and even if truly new is a whole layer of the onion. And where the patent attorney earns their money in my experiences with the system.

 

[Externet]

Hi. My patent lawyer once said that automotive patents are a 'cul de sac' going nowhere with no acceptance from manufacturers for implementing any.

 

[barry]

if you can create a circuit that does the exact same thing as an existing circuit, but using different ICs, why would anyone use your circuit? couldn’t they also use slightly different ICs?

 

[D.A.(Tony)Stewart]

the fact that you're proposing a different set of ICs/circuits to implement an existing idea does not automatically disqualify your invention from being patentable. Key factors to consider include:

• Whether your new circuit combination provides a novel technical solution (i.e., is it different from existing solutions?).
• Whether the change is non-obvious to someone skilled in the field.
• Whether the new design brings a new advantage (e.g., improved performance, cost-efficiency, or usability).

You can file a patent, but it's important to assess whether your proposed changes meet the criteria of novelty and non-obviousness. If you're unsure, consulting a patent attorney is a good next step—they can help you with the prior art search, the drafting process, and deciding if your idea is likely to be granted a patent.

The result must be non-obvious, and a major cost reduction or a reasonable performance enhancement.

 

[KlausST]

Hi,

and owning a patent means having costs in first place.

You earn mony only when you sell your idea. Sell as a whole or sell as fees.
And no one protects your idea. If someone usues your idea .. it´s your job to find it out, you have to pay your lawyer to contact the other person and it´s your job to prove they used your idea.
Don´t understimate the cost for the patent and the cost and effort to protect your idea.

And - everybody in the world can see how you did it. So your idea is disclosed.

Klaus

 

[brainiacnull123]

Apologies in advance if this question doesnot fall in this scope of the forum. If not, please guide me on what to do.

So, I have an idea in automotive.

The fundamental principle of the idea is already in the industry now and some automotives do have this within them.

However, I am not changing the principle. I am just proposing the system to change with a different set of ICs/circuits.

Does the above qualify as a patent? Also, I am not totally confident that whether the existing idea already uses what I am going to propose. But nevertheless, just want to give a try to file the patent.

Please let me know whether my changing of the circuit will qualify my idea to be a patent?

Your idea might be eligible for a patent if your new circuitry or set of ICs introduces a non-obvious improvement over the existing system. The fundamental principle being already known doesn't necessarily preclude patentability—as long as the implementation offers a novel and inventive step. I’d recommend conducting a thorough prior art search and consulting with a patent attorney before proceeding with any patent filing. Also, note that while trademark registration is important for protecting your brand, it’s a separate process from patent protection.