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The gun, manufactured in 1882, was found during an archaeological survey in November 2014.
Park officials say they may never know how long the rifle was there, but it is entirely possible it could have been left undisturbed for over a century.
Typically the question presents specifically by a reader asking whether a recipe can be patented, or how one can patent a recipe.
In most cases the typical recipe for a “killer Margarita” or “the best barbeque sauce ever” will not be patentable because they won’t be unique enough, typically failing on the non-obviousness requirement. 101, which says: Whoever 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 therefor, subject to the conditions and requirements of this title.
It is certainly possible to obtain a patent on a recipe or food item if there is a unique aspect, perhaps if there is something counter-intuitive or a problem (such as shelf life or freshness) is being addressed. Both can be protected (i.e., patented) if the other patentability requirements are satisfied. So it is typically most helpful to seek understanding of what is NOT useful. Now I am going to provide an over simplification of Section 102, but conceptually what the Patent Examiner will seek to determine is whether the invention already exists.
The unloaded gun's wooden stock is cracked, but still intact, and its barrel is rusted.
Nevertheless, Houze is thrilled with the rare find, and the rifle will eventually be on permanent display in the park.
In addition, the Patent and Trademark Office has a file that lists all patent numbers and their associated dates of grant. See the link labeled, "Click here to download the zipped Patent Grant Authority Files". O Box 1450 Alexandria VA 22313-1450 tel: (571) 272-5600 fax: (571) 273-0110 email: [email protected] of PTMT pages at the USPTO Web Site: PTMT files available for download at : Is there a question about what the USPTO can or cannot do that you cannot find an answer for?
Send questions about USPTO programs and services to the USPTO Contact Center(UCC).
The trick will be identifying a uniqueness that is not something one would typically think to try. Something is not useful if it does not work; it is wholly inoperative. The first is where how the invention will be used is not apparent from the description, which can occur when the patent application fails to identify any specific and substantial utility for the invention or fails to disclose enough information about the invention to make its usefulness apparent. This is where it starts to get more difficult for the individual who wants to patent a recipe, although this is not going to be the primary hurdle to patentability for a recipe. If the invention exists in the prior art you cannot obtain a patent.