You can patent anything you can slip by the patent examiner. They usually only do a document search of achieves of known inventions and records. If no one has ever bothered to patent it [perhaps because it was well know as "prior art"], and it is in a specialized area of knowledge, there is likely no reason for the patent clerk to discover the prior art and deny the patent. The real problem and expense with patents is not so much getting them [I have several in my name], but rather enforcing them. If you feel you have been infringed upon by another manufacturer, it is up to the holder to bring the violator into court and prove it to a judge. The judge usually will not shut down a business, but will order a royalty be paid if infringement is proved, presuming there are any profits to be had. If clear evidence of prior art is demonstrated during a trial, not only did you waste you time and money, your patent (or part of the claims in it) could be ruled invalid. That is why it is so important to do a very good search before you apply for your patent, so you can craft your claims to show how it is different than any prior art. Frankly, there are so many ways around most patents, they are seldom worth getting. You have to have something really desirable and with a lot of profit margin, and you have to be prepared to enforce it. Peter *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
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