[BC] Franklin Antenna - KTTO (ex-KREM)]

[RichardBJohnson at comcast.net]

No. Not true. You just can't disclose your "preferred-
embodiment" until after the application has been
accepted for filing. Ideas are not patentable. If so,
I could have an "idea" to patent everything that had
not yet been invented, thereby preventing
anything from being patented ever again!

If our theoretical Patent for an automatic, non-plug-in
charger was first disclosed as a transformer device
like a degaussing coil for an old color-TV, then realizing
that the typical drunk driver might have difficulty
aligning the car with the coil, I revise the preferred
embodiment to use rollers which charge the batteries
using regenerative breaking, it still does not invalidate
the Patent, even though the preferred embodiment and
its method of operation is completely different than
the original inception.

You see, the Patent is granted or refused based upon
its merits at the moment of its filing, not a near or
far distant past.

Let me show you how this works. I finally decide
that the preferred embodiment is a set of rollers
that are connected to a motor. They are set to
spin at an equivalent speed of 35 mi/hr. Before
exiting the vehicle, the operator turns off the
lights and other accessories and sets the cruise-
control to 30 mi/hr. Regenerative braking will
charge the batteries. Suppose a Patent is applied
for and is granted.

You, reading the disclosure, decide that using 
an electric motor to run the rollers is not appropriate
because it doesn't reduce the "carbon footprint."
Therefore, you change the preferred embodiment
to use wind-power to run the rollers. You receive
a valid Patent for a Wind Powered Method of
charging a hybrid or electric vehicle's batteries.
because you patented an improvement, citing
the original device as prior art.

Then, your friend who helped you set up the first
windmill, decided that she is going to run it off
from water power because she has a stream
in her back yard. She applies for and receives
a Patent for  a Water Powered Method of
charging a hybrid or electric vehicle's
batteries.

This could go on-and-on, many valid Patents
may be issued for improvements of the original
device, even though they all use the same
"idea." You see, ideas are not patentable.


--
Cheers,
Richard B. Johnson
Read about my book
http://www.LymanSchool.org


 -------------- Original message ----------------------
From: "Phil Alexander" <dynotherm at earthlink.net>
> Ah, but now, neither of you can patent it because you have
> published the idea. Before a patent is filed, NDA'a are
> essential with everyone to whom the idea is disclosed,
> especially if coverage in the EU is contemplated.