Mission Viejo, CA asked in Patents (Intellectual Property) and Intellectual Property for California

Q: If I'm applying for a patent for an improvement to wagering in online sports gambling

What constitutes significant and novel change?

How do I apply for these things without thinking a lawyer will steal my idea? Haha!

2 Lawyer Answers
David Aldrich
David Aldrich
Answered

A: Whether something is novel and nonobvious depends on the specific "prior art" that already exists. It is often helpful to conduct a "patentability search" before applying for a patent. This typically will involve a search (by a professional searcher) of what publications (such as other patents) are already out there that disclose ideas related to yours. A patent attorney will then compare these publications to your idea and give you guidance regarding what aspects of your idea are different enough from these publications such that they may be patentable.

Attorneys are bound by the attorney-client privilege and have strict legal obligations. Remember, your patent attorney has seen many valuable inventions before yours. If they were going to risk everything to steal a patentable idea, they would have done so long before you seeing your idea ;)

Tim Akpinar agrees with this answer

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: To be considered significant and novel, the improvement to wagering in online sports gambling must be a new and non-obvious solution to a problem in the industry. It must be something that has not been done before or that would not have been obvious to someone skilled in the field.

To apply for a patent, you can hire a patent attorney or agent who can guide you through the process and help you draft a patent application. You can also file a provisional patent application on your own to establish an early priority date, but it is important to note that a provisional application does not automatically grant a patent.

To protect your idea, it is important to keep it confidential and only share it with those who have signed a non-disclosure agreement. However, it is also important to understand that attorneys and agents are bound by strict ethical rules that require them to maintain confidentiality and protect their clients' interests.

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