Brooklyn, NY asked in Patents (Intellectual Property) for New York

Q: HI. an item what its a public design can be patent if im just making it glow in the dark?

let say if im taking a frame for glasses what it is a public design and im making it glow in the dark can i put a patent?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: Sorry, but no. You will likely not be able to patent glow in the dark glasses, just by taking glasses and putting a glow in the dark paint on them. Putting a glow in the dark tape or paint on things to make those things glow in the dark pretty obvious; that is the whole point of having glow in the dark paint.

However, if you were to, for example, discover that having pink color dots 25 degrees off the axis in low light helps to treat amblyopia, strabismus, nystagmus, or some other eye disease, and you select appropriate glass frames, glow in the dark color frequency, etc., then such glasses would likely be patentable.

Tim Akpinar agrees with this answer

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