to get patent:
1. must be new
2. must be useful
3. must not be merely a minor variation of something that is known. For example, making something a little bit bigger or a little bit smaller is generally not patentable, even if the thing is "new" because it was never made in that exact size.
Zillions of things are made and sold every day without patent protection.
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."