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goBigtime · 07-25-2003, 03:59 PM

I'm curious if fictional prior art counts?

For example in Start Trek, they have the particle beam or whatever it is that beams people up to the ship or down to the planet.

Under current patent law, could someone at a later date patent the process of beaming people (or items) around with a particle beam with that fictional prior art out there?

Basically, the first step and the last step are shown (A and D.. loading people onto the pad, the particle beam & them arriving at the destination) but B & C are a mystery (that part about HOW the particle beams actually moves matter around) & later discovered by a real company wanting to patent the whole process.. including the A & D, which they got from Start Trek.

I'm just wondering if I can also be looking around in fictional sources for certain process as well.

07-25-2003, 03:59 PM
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	Fictional prior art...? I'm curious if fictional prior art counts? For example in Start Trek, they have the particle beam or whatever it is that beams people up to the ship or down to the planet. Under current patent law, could someone at a later date patent the process of beaming people (or items) around with a particle beam with that fictional prior art out there? Basically, the first step and the last step are shown (A and D.. loading people onto the pad, the particle beam & them arriving at the destination) but B & C are a mystery (that part about HOW the particle beams actually moves matter around) & later discovered by a real company wanting to patent the whole process.. including the A & D, which they got from Start Trek. I'm just wondering if I can also be looking around in fictional sources for certain process as well. Last edited by goBigtime; 07-25-2003 at 04:01 PM..