Filing a Patent on Something in Nature

[Mr. Scott]

I was recently reading about the invention of Velcro and it delta'd with the discussion on "patenting the obvious" on Randi's commentary.

The story IIRC goes that the "inventor" of Velcro was out hunting with his dog in the woods, and when he got home had to remove countless seeds stuck to his dog's coat. He examined one under a microscope and observed the hook and loop principle. He then developed it into the familiar strips and became fabulously wealthy.

My question is, if "nature" (evolution, or god for creationists) invents something, doesn't that make it either obvious or not original and make its patentability questionable? Can I patent the foot? Was Velcro only considered original or not obvious merely because it needed to be observed under a microscope? Can I patent the foot of a microscopic bug I found?

There just seems to be something fishy about claiming to have invented something that essentially was stolen from nature.

 

[BeholdTheTruth]

God knows I'm not an expert about this. But I too have been wondering about your question.

It seems to me that if something could have been invented that is obvious in retrospect but was never invented until someone invents it, and that someone patents it, that is fair and square.

And that is fair and square to me even if what was invented is reminiscent of something "found" in nature, but never actually "found' until the fortunate inventive "finder" actually "finds" it.

Indeed, to me at least, any opinion to the contrary about any wealth-producing invention is a matter of sour grapes.

 

[SezMe]

I was recently reading about the invention of Velcro and it delta'd with the discussion on "patenting the obvious" on Randi's commentary.

First time I've seen "delta" as a verb - what does it mean?

 

[casebro]

Delta means change in engineer-speak.

You can patent a new use. Since seeds ain't fabric, the patent is valid.

 

[tkingdoll]

Could you patent the foot? Not the real one. You could manufacture a new kind of prosthetic foot and patent that though.

Velcro is not observable under a microscope. No such thing exists in nature. It is an artificial construct from man-made materials. The design was inspired by something that is found in nature, on a much smaller scale, made from naturally occuring materials without design or intervention. You seem to be mistaking a copy of something for the thing itself.

Anyway, Enterprise clearly proved that Vulcans invented Velcro.

 

[Mr. Scott]

First time I've seen "delta" as a verb - what does it mean?

I know, it didn't look right to me either. I meant to say "dovetailed" but couldn't think of the right metaphor at post time. Thanks!

 

[Goshawk]

Well, you can patent a plant. Does that count?

 

[a_unique_person]

They are patenting human genes, the things that make you and me.

 

[SezMe]

I know, it didn't look right to me either. I meant to say "dovetailed" but couldn't think of the right metaphor at post time. Thanks!

Gee whiz, I've never been at a lose for words!

Dovetail works for me. End of useless derail.

 

[a_unique_person]

IIRC, there was a race on to decode the human genome, between a not for profit organisation that was putting them into the public domain, and a private one that patented them all

 

[Mr. Scott]

Well, you can patent a plant. Does that count?

It sez:

A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.

So I can't, during a walk in a rainforest, patent a plant I discover there. I'm comfortable with that, and the example illustrates my point and refutes my worry. Thanks!

 

[slingblade]

There just seems to be something fishy about claiming to have invented something that essentially was stolen from nature.

Tell that to Orville and Wilbur.....