Fort Lauderdale, FL asked in Copyright and Patents (Intellectual Property) for Florida

Q: can you patent an AR idea?

4 Lawyer Answers
Kevin E. Flynn
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  • Patents Lawyer
  • Pittsboro, NC
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A: The initials AR are used for many dozens of things from acid reflux to amateur radio. If you mean automated rifle- then yes you can seek patents on the workings of a weapon. You would need to have an idea that would not be obvious to one skilled in the art of designing automated rifles. You can do some searches on Google Patents or the USPTO site to show you that rifle patents are issued.

An incoming patent application is reviewed by federal agencies that have the opportunity to place a secrecy hold on the invention so that your patent cannot issue until they release the hold. This rarely happens but it is part of the process. So if the US military or security agencies thought that it would be dangerous to allow this idea to be published as part of the patent process, they can put a hold on it.

I hope that this information helps.

Kevin E Flynn

Marcos Garciaacosta agrees with this answer

Bill Hulsey
PREMIUM
Answered

A: Absolutely. The invention must be novel, non-obvious and comply with the subject matter requirements of Section 101. Moreover, the invention must be enabled by the written description in the patent application. If you can satisfy these requirement, you have a good chance of securing a patent.

Marcos Garciaacosta agrees with this answer

A: If you are referring to augmented reality, it will depend.

Most likely it will fall in the category of copyright.

Consult with an attorney to evaluate your options

A: If you are referring to a modification to the AR-15 platform (AR is Armalite Rifle, for the original maker), I am a patent attorney and also a shooting enthusiast with years of experience building and modifying AR type rifles. I'd be happy to talk to you.

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