Smithfield, NC asked in Patents (Intellectual Property) for North Carolina

Q: Are new drumstick holding technique, way to assemble hi hat, and drumming style patentable?

i have a different drum setup. i have combined hand drums with my drum set along with using my drumstick holding technique. my hi hat i combine unusal symbols along with at least one of them being inverted.

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

A: Yes, I believe that it should be patentable.

What I like about our invention as far as patenting it goes, is that it is a combination of three parts: a holding technique, a way to assemble parts of the kit, and a drumming technique.

However, be prepared to face two very large hurdles:

(A) Firstly, it is very likely that someone has used this type of a set up before. If so, you can't get a patent.

It is also possible that nobody has ever done what you have invented, but as done something similar enough that your invention is obvious. Drummers, like all other artists, are creative and try different things easily. They are, well, artistic. There are ways of getting around obvious rejections.

(B) Secondly, a patent is a business tool. It is a way of making money. How are you planning on monitizing your invention? Sure, you can give your patent attorney a whole bunch of money, and he'll deliver you a wonderful patent, but so what? What are you going to do with it? How are you going to enforce it? How are you going to license it?

This is a business question, and not a legal question. Make sure that it is worth your money to get a patent on your invention.

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